Our Site is directed to people residing in jurisdictions where the purchase of NFTs is not prohibited.
You are not permitted to use our Site if you are under the age of 18 years and not of legal age to access our Site. By using and accessing our Site you represent that you are at least 18 years old and of legal age to enter a binding agreement.
These Terms and Conditions (“Terms”) describe the rules governing your use of this website at http://akobi.io (“Site”), the NFTs and the Artworks, and form a binding agreement between you and Arewa Labs DMCC, a company incorporated under the laws of the Dubai Multi Commodities Centre registered under the company number DMCC193737 and having its registered office at Unit No: 3O-01-BA1527 Jewellery & Gemplex 3 Plot No: DMCC-PH2-J&GPlexS, Dubai, United Arab Emirates (the “Company”).
To contact us, please email email@example.com.
BY VISITING OUR SITE, BY PARTICIPATING IN OUR DISCORD, AND BY MINTING, PURCHASING AND/OR SELLING THE AKOBI NFTS (THROUGH OUR SITE OR ON THE SECONDARY MARKET, AS APPLICABLE) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.
The Akobi NFT Project (the “Project”) refers to, in the aggregate, the collection of Akobi NFTs (each, an “NFT” or “Akobi NFT”) running on the Ethereum Blockchain, our Site (as defined below), Discord server, and other social media accounts, and any features, functions, services, products, rewards, offers, content, materials or information available on or through our Site.
We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will work on a best effort basis so that the transfer will not affect your rights.
You may not use this Site, the Akobi NFTs, and the Artworks associated with the Akobi NFTs for any illegal or unauthorized purpose nor may you, in the use of the Akobi NFTs and the Artworks associated with the Akobi NFTs, violate any laws in your jurisdiction (including but not limited to copyright laws).
Any connected services included in this Site are provided “AS IS” and “AS AVAILABLE” without any warranty of any kind. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our Site is directed to people residing in jurisdictions where the purchase of NFTs is not prohibited. We do not represent that content available on or through our Site is appropriate for use or available in your location.
By agreeing to these Terms, you represent that you are at least 18 years old and of legal age to enter a binding agreement.
The following definitions will be used throughout the Terms:
“Artwork” or “Akobi Artwork” Refers to a single artwork representing a unique character, as created from the generative collection of ten thousand (10,000) artworks (“Collection”) stored on IPFS that represents the entire Akobi Artwork Collection.
“Discord” or “Akobi Discord” Refers to our Discord server located at https://discord.gg/akobi
“End Users” Refers to the users of the Site.
“ETH” Refers to the Ethereum Blockchain utility token that may be used to purchase computational resources to run decentralized applications or perform actions on the Ethereum Blockchain.
“Ethereum Blockchain” is the decentralized open-source blockchain platform that establishes a peer-to-peer network that securely executes and verifies application code, et al, all as developed by the Ethereum Foundation.
“Holder” Refers to the purchaser and owner of an Akobi NFT.
“Initial Sale” Refers to the first sale of NFTs through the Site.
”Intellectual Property” Means any and all intellectual property rights of any nature anywhere in the world whether registered, registrable or otherwise, including patents, utility models, trademarks, registered designs and domain names, applications for any of the foregoing, trade or business names, goodwill, copyright and rights in the nature of copyright, design rights, rights in databases, moral rights, performance rights and know- how.
“License” or “Akobi License” Refers to the intellectual property license provided to the Holders, as described in section 6 of these Terms.
”Mint” Refers to the successful submission of a request through an eligible Wallet, for the creation of a new block of information on a distributed ledger (the Ethereum Blockchain), to a self-executing software (the Smart Contract), for the purposes of creating a new NFT recorded against the unique identifier of the Wallet from which the request is submitted.
“NFTs” or “Akobi NFTs” Each, an identifiable, non-fungible, non-replicable, and transferrable cryptographic token recorded on the Ethereum Blockchain, used as proof of authenticity and proof of licensee status over certain rights (as set out in these Terms) vested in the Holders, associated with an Akobi Artwork.
”Royalties” Refers to the amount of fees applied by the Akobi Smart Contract to the transfer of Akobi NFTs (for value) from a current Holder to a new Holder, which is automatically transferred by the Akobi Smart Contract to the Company.
”Secondary Sale” In respect of each NFT, the subsequent sale of the NFTs on the secondary market (whether on or outside of the marketplace) whereby an NFT is transferred from a current Holder to a new Holder.
“Smart Contract” or “Akobi Smart Contract” The transaction protocol governing the Mint and the transfer of Akobi NFTs on the Ethereum Blockchain.
“Tribe” or “Whitelist” Refers to the group of End Users that hold the right to Mint in the period indicated before the Initial Sale.
”Wallet” Refers to an application that allows End Users to register a unique identifier, to use such unique identifier to access and to interact with the Ethereum Blockchain, and (subject to any technological restraint), to manage information (including any form of cryptographic asset) that is attributable to that unique identifier (including, for example, transferring any information).
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.
This Site is for informational purposes and for the purposes of carrying out the Initial Sale of NFTs.
Provided you have been included in the Tribe, accessing the Site during the Initial Sale will provide you with the ability to purchase the right to Mint one or more NFTs. Please note that, once deployed, we have no control over the Akobi Smart Contract, nor over the Gas Fees you would incur after submitting your request to Mint an Akobi NFT.
Payment for the right to Mint is made in ETH. Therefore, please be aware that transactions in cryptographic currency may be irreversible and that, accordingly, any funds paid to an incorrect recipient may not be recoverable.
When you successfully purchase and exercise the right to Mint resulting in the NFT being attributed to your Wallet, what you actually purchase is the cryptographic asset recorded on the Ethereum Blockchain, rather than the Artwork that is associated with it, together with the Akobi License. Purchasing the NFTs does not grant you ownership of the Artwork, nor the Intellectual Property over the Artwork or the Akobi Materials.
a) Akobi License: Subject to your continued compliance with these Terms, we grant you a limited, worldwide, royalty-free, non-exclusive license (without the right to assign or sublicense) to use, copy and display your Akobi NFT, along with any extensions that you choose to create or display, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Akobi NFT, provided that the marketplace cryptographically verifies each Akobi NFT’s owner’s rights to display the Artwork for their Akobi NFT to ensure that only the actual owner can display the Artwork; or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of your Akobi NFT, provided that the website/application cryptographically verifies each Akobi NFT’s owner’s rights to display the Artwork, and provided that the Artwork is no longer visible once the owner of the Akobi NFT leaves the website or application. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth herein. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE NOT RECEIVED, NOR ARE YOU ENTITLED TO, ANY RIGHT, INTEREST AND/OR BENEFIT RELATED TO THE UNDERLYING WORK OF ARTWORK EMBEDDED IN ANY AKOBI NFT, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS TO REPRODUCE, OR TRANSFORM SUCH ART IN QUESTION. YOU MAY NOT USE AN AKOBI NFT FOR ANY COMMERCIAL PURPOSE WHATSOEVER.
b) Termination of the Akobi License: The Akobi License transfers together with the Akobi NFT. Therefore the Akobi License granted to you hereunder shall automatically terminate and all rights shall be deemed revoked if: (i) at any time you sell, trade, donate, give away, transfer, burn, or otherwise dispose of your Akobi NFT for any reason; (ii) you breach any of the Terms; (iii) you have a trustee, receiver or similar party appointed for your property, become insolvent, acknowledge your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy; (iv) you engage in any unlawful business practice related to the Akobi NFT, and/ or the Artwork under the Akobi License is used for or in connection with immoral and/or offensive purposes, or in a manner that is otherwise damaging to the reputation of the Company, the Akobi brand and/or community; (v) you initiate any legal actions against the Company, the Project, and/or their members, officers, directors, affiliates, agents, attorneys and employees as relevant.
c) Intellectual Property: The Company retains all rights to its Intellectual Property, including but not limited to the Akobi logo, trademark and all other Akobi Intellectual Property belonging to the Company (“Akobi Materials”). You have a limited right to use such Akobi Materials only as detailed under clause 6a (Akobi License). You shall not use the Akobi Materials for any commercial purpose.
Importantly, please note that we retain the right to use all Artworks to promote the Project and incorporate any Akobi (including yours) in future initiatives. Any such initiative will focus on increasing awareness around the Project, providing our collectors with value, and promoting the overall success of the Akobi community.
The Initial Sale shall be subject to these Terms. All subsequent transfers by you (which constitutes and also includes Secondary Sale) of the Akobi NFTs are subject to the Akobi Smart Contract, which shall be automatically incorporated into the transfer agreement (irrespective of whether such agreement is in writing or not) between a transferor and transferee of an Akobi NFT upon each and every instance where one Holder transfers an Akobi NFT to another Holder (which shall also mean the anticipatory Holder), and therefore the Akobi Smart Contract shall apply to the subsequent Holder receiving the Akobi NFT as transferred, and commencing from the time and date of transfer.
You may transfer and/or sell the Akobi NFTs using reputable marketplaces and platforms that are compliant with any applicable law and/or regulation, and capable of verifying and certifying the ownership of NFTs, provided that the transfer of the Akobi NFTs through such marketplaces and platforms does not alter the desired functioning of the Akobi Smart Contract that governs the Akobi NFTs.
You shall not transfer the Akobi NFT in a manner that is intended to interfere with the desired functioning of the Akobi Smart Contract governing the Akobi NFTs, including any use intended to circumvent the application of Royalties.
Please be aware that the Akobi NFTs are only intended and offered as collectibles, and that the Akobi NFTs do not represent an investment, nor grant any right to perceive financial benefits or governance over the Project or the Company.
NOTE THAT THE NFT MARKET IS HIGHLY VOLATILE, AND THAT YOUR AKOBI NFT MAY LOSE ALL VALUE AND AT ANY TIME (INCLUDING IMMEDIATELY AFTER YOU HAVE PURCHASED IT).
As a Holder, you are solely responsible for the safety of the Akobi NFTs that are attributed to your Wallet, including the proper management and safety, including the implementation of relevant security measures, of any Wallet used to store NFTs, and in particular your own Akobi NFTs.
As mentioned throughout these Terms, please note that the decentralized nature of distributed ledger technology (such as the Ethereum Blockchain) makes it impossible for us to reverse, cancel, undo or otherwise alter any transaction and/or transfer. You are solely responsible for any transaction requested through your Wallet.
You are entirely responsible for any and all costs, Gas Fees, and any tax liability which may arise out of or in connection with the Mint, use and/or transfer (including Secondary Sales) of Akobi NFTs and/or the use (whether commercial or not) of the Artworks associated with your Akobi NFTs.
You may not frame our Site on any other website, but you may link to our home page, provided: (a) you do so in a way that is permitted, fair and legal and does not damage our reputation or take advantage of it, and (b) you do not suggest endorsement or association on our part (unless we have agreed and certified to it in advance in writing to you).
We reserve the right to withdraw the linking permission without notice.
Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
You hereby agree that we (and any of our affiliates) shall not be liable or otherwise responsible for any loss, damage or claim (whether under contract or tort law) relating to or resulting from: (a) the decentralized nature of distributed ledger technology and the Ethereum Blockchain; (b) your use of your Wallet and/or any weakness and or defect in the security of your Wallet; (c) any weakness and/or defect in the confidentiality, integrity, availability and/or security of any data, technology, and/or equipment used by you to access and/or store your Akobi NFTs; (d) any malicious act carried out by bad actors resulting in your loss of Akobi NFTs; (e) any product, service, or experience designed by third-parties accessible through the use of Akobi NFTs (regardless of whether such offering is offered with or without our permission); (f) any use of the Akobi License that is not made in accordance with these Terms; and (g) any use of the Akobi NFT and/or the Akobi License contravening these Terms or otherwise exceeding the rights granted to you by us under these Terms.
We make no representation, and provide no warranties (whether expressed or implied) in relation to any use of the Akobi NFTs and the Artworks associated with any NFT, including the availability of the Artworks and the Akobi NFT, particularly where the Artworks and/or the Akobi NFTs become unavailable due to a failure of the Ethereum Blockchain, the marketplaces and platforms through which you display the Artworks associated with your Akobi NFTs, and/or any other infrastructure on which Akobi NFTs and the Artworks rely on for their proper functioning.
We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purpose, and that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will solely determine to either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following guidance that we have provided, or for damage that was caused by you failing to have in place the correct and minimum system requirements.
We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Site. You will use your own virus protection software when accessing our Site and services.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co- operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and access our services shall cease immediately. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.
You agree to hold harmless and indemnify the Company and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Site; (iii) your violation of applicable laws, rules or regulations in connection with your access to and/or use of the Site; or (iv) any use by you (including your transfer) of any Akobi NFT.
We may make changes to the Terms at our discretion. Please check these Terms periodically for changes. Any changes to the Terms will apply as from the time and date that they are made, and your continued access to or use after any update to the Terms will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership, joint venture, agency or employment relationship between you and the Company. Nothing in these Terms shall authorize you to make or enter into any commitments or make any representation on our behalf. You also confirm that in entering into these Terms you are acting on your own behalf and not for the benefit of any other person.
The Terms represent an agreement between you (in your capacity as Holder) and the Company, which shall be governed by, construed, and enforced under the laws of England and Wales without regard to any choice or conflict of laws rules. You hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their subject matter or formation.