Nine Lives Lab Terms of Service

Nine Lives Lab LLC (IX. Labs,” “we” or “us”) is deeply committed to producing art and building our community of collectors. We have prepared these Terms of Service to clearly outline to you our role in relation to our artworks and our community of users of our smart contracts, our websites https://nineliveslounge.io/ and https://mastercatsnft.io/ (collectively, the “Site”), and online services including our Discord server (defined, together with the Site, as the “Services”). 

This document incorporates our Privacy Policy by reference. 

The below Terms of Service are binding upon any users of our Services and upon any owners of IX. Labs NFTs (the “NFTs” or, in singular form, the “NFT”). By using the IX. Labs website, entering the IX. Labs Discord server, or by minting, purchasing, listing or displaying an NFT, you are acknowledging that you have reviewed these Terms of Service and agree to be bound by them, and that you agree not to engage in any activities relating to the NFTs that are unauthorized by law. IX. Labs is not responsible for any civil damages or government action that may arise from usage of our platform or services. Users of our services agree to remain in compliance with all applicable laws within the applicable jurisdiction(s).

  1. Definitions.
    1. Creator” means the team responsible for creation of the IX. Labs NFTs.
    2. Art” means any art, design, and drawings that may be associated with an IX. Labs NFT that you Own.
    3. Derivative Work” means any two-dimensional or three-dimensional pictorial, visual or sculptural work of graphic, fine or applied art that is based on a preexisting IX. Labs NFT and is eligible for copyright protection.
    4. Extensions” means third party designs that: (i) are intended for use as extensions or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art.
    5. "NFT" means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard.
    6. Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
    7. IX. Labs NFT” means any NFT developed by IX. Labs that is hosted on the Ethereum network and associated with the following contract address(es): [0xF03c4e6b6187AcA96B18162CBb4468FC6E339120].
    8. Purchased NFT” means an NFT that you Own.
    9. Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
  2. Ownership.
    1. Subject to the terms and conditions herein, the Creator hereby grants to Owners a perpetual, worldwide, non-exclusive, no-charge, transferable, irrevocable copyright license to reproduce, publicly display, publicly perform, sublicense, and distribute the Art in source or object form, provided that any commercial use grant shall be limited to US$999,999 in revenue. Owners who anticipate exceeding revenues of US$999,999 shall contact IX. Labs to negotiate a commercial licensing agreement.
    2. For greater clarity, the above grant excludes the creation of Derivative Works. Owners may only use the Art in its full form as associated with the NFTs, and may not utilize individually crafted traits, layers, and components of the Art, whether for commercial or non-commercial purposes.
  3. License.
    1. General Use. Subject to your continued compliance with the terms of this License, Creator grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFTs, along with any Extensions that you choose to create or use, for the following purposes: 
      1. for your own personal, non-commercial use; 
      2. as part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; or 
      3. as part of a third party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.
    2. Commercial Use. Subject to your continued compliance with the terms of this License, Creator grants Owner a worldwide, exclusive,   transferable license to use, copy and display the Art for your Purchased NFT for the purpose of commercializing your own merchandise that includes, contains, or consists of the Art for your Purchased NFT (the “Commercial Use License”) provided that the Commercial Use License shall be subject to the following restrictions:
      1. The Commercial Use License is limited to activities not exceeding US$999,999 in revenue. Owners who anticipate exceeding revenues of US$999,999 shall contact IX. Labs to negotiate a commercial licensing agreement.
      2. The Commercial Use License excludes the creation of Derivative Works. Owners may only use the Art in its full form as associated with the Purchased NFTs, and may not utilize individually crafted traits, layers, and components of the Art, whether for commercial or non-commercial purposes.
    3. For the sake of clarity, nothing in this Section 3 will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third party website or application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the purchased NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.
  4. Restrictions.
    1. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing:
      1. modify the Art for your Purchased NFT in any way that violates these Terms of Service; or
      2. use the Art for your Purchased NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, pornography, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others.
  1. Terms of License. 
    1. The license granted in Section 4 above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 4 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs. If you exceed the scope of the license grant in Section 4 without entering into a broader license agreement with or obtaining an exemption from Creator, you acknowledge and agree that: 
      1. you are in breach of this license; 
      2. in addition to any remedies that may be available to Creator at law or in equity, the Creator may immediately terminate this license without any requirement of notice; and
      3. you will be responsible to reimburse Creator for any costs and expenses incurred by Creator during the course of enforcing the terms of this License against you.
  2. Third Party IP
    1. All other Third Party IP (including trademarks, registered trademarks, and product names) mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder.
    2. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by IX. Labs.
  1. Assumption of Risk
    1. The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
    2. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
    3. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Services and the utility or legality of NFTs.
    4. You are solely responsible for determining what, if any, taxes apply to your transactions. IX. Labs is not responsible for determining the taxes that apply to your NFTs.
    5. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs.
    6. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and IX. Labs has no ability to reverse any transactions on the blockchain.
    7. There are risks associated with using Internet and blockchain based products, including but not limited to the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet. You accept and acknowledge that IX. Labs will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any blockchain network, however caused.
    8. The Service may rely on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service may suffer for reasons beyond our control.
    9. IX. Labs reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on various third party exchanges or marketplaces. Under no circumstances shall the inability to view items on third party exchanges of marketplaces, or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against IX. Labs.
    10. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
  1. Privacy Policy
    1. Please refer to our Privacy Policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Policy.
  2. Modifications to the Service
    1. We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
  3. Injunctive Relief
    1. You agree that a breach of these Terms will cause irreparable injury to IX. Labs for which monetary damages would not be an adequate remedy and IX. Labs shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
  4. Export Laws
  1. You agree that you will not export or re-export, directly or indirectly, the Services, and/or other information or materials provided by IX. Labs hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable export laws and regulations.
  1. California Residents
    1. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.