by Gossamer Rozen
Last updated May 6th 2022
These NFT Terms of Sale (the “NFT Terms”) apply to the purchase and sale of the limited collection of 1,000 handmade one of a kind pixel tiger heads randomized at mint (the “Tigerbob NFT(s)”) that were placed on sale on May 28, 2022 through this website (the “Tigerbob NFT Marketplace”). By participating in the Tigerbob NFT Marketplace, you agree to be governed by these NFT Terms. The NFT Terms are a legally binding contract between Grozen FA LLC (“Grozen”, “we” “our” or “us”) and any person who uses this website (“you” or “your”). Grozen provides you with access to and use of the Tigerbob NFT Marketplace subject to your compliance with these NFT Terms, the Grozen Terms and Conditions, and the Grozen Privacy Policy (the “Agreements”). If you do not agree with the terms of the Agreements, you may not access or use the Tigerbob NFT Marketplace.
  1. The NFT Marketplace
    The Tigerbob NFT Marketplace is a decentralized application and digital art marketplace operating on the Ethereum blockchain. The Tigerbob NFT Marketplace uses specially-developed smart contracts (“Smart Contracts”) that enable Grozen to sell digital creations to you.
  2. Tigerbob NFTs and the Ethereum Blockchain
    1. All Tigerbob artwork on the Tigerbob NFT Marketplace are represented by unique cryptographic tokens exclusively minted by Grozen. NFTs are forever tracked and stored on the Ethereum blockchain, providing you with a permanent record of authenticity and ownership.
    2. Transactions that take place on the Tigerbob NFT Marketplace are managed and confirmed via the Ethereum blockchain. You understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Tigerbob NFT Marketplace. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Tigerbob NFT Marketplace (“Linked Sites”). In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from this site and/or introduce different features or links to different users.
    3. All your transactions on the Tigerbob NFT Marketplace, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Ethereum network and are initiated though one or more Smart Contracts at your sole discretion.
    4. Tigerbob NFT Marketplace transactions utilize experimental Smart Contract and blockchain technology, including non-fungible tokens, cryptocurrencies, and decentralized or peer-to-peer networks and systems. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky. You acknowledge and agree that the Smart Contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., “forks”), which can adversely affect the Smart Contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Tigerbob NFTs, or lost opportunities to buy or sell Tigerbob NFTs. Grozen assumes no liability or responsibility for any such Smart Contract or related failures, risks, or uncertainties. You acknowledge the risk of Smart Contracts and agree to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as you expect.
    5. You take full responsibility and liability for the outcome of any transaction you initiate, whether or not the Smart Contracts, the Tigerbob NFT Marketplace, or other market participants behave as expected or intended. You hereby represent that you are knowledgeable, experienced, and sophisticated in using blockchain technology and in initiating Ethereum-based transactions.
    6. The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Tigerbob NFT Marketplace. The value of Gas fee changes, often unpredictably, and is entirely outside of the control of Grozen or the Tigerbob NFT Marketplace. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Tigerbob NFT Marketplace be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you. You acknowledge and agree that gas is non-refundable under all circumstances.
  3. Prices and Payment Terms
    1. Grozen retains the right in its sole discretion to place limitations on the mint price and the number of any transactions taking place on the Tigerbob NFT Marketplace. Grozen does not guarantee that any Tigerbob NFT will be available for purchase at the time you seek to make a purchase.
    2. All prices posted on the Tigerbob NFT Marketplace are determined by Grozen, in its sole discretion, and are subject to change without notice.
    3. Terms of payment are within Grozen's sole discretion. Purchases may be made by using the currencies (including cryptocurrencies) that Grozen elects to accept from time to time. When you make a purchase, you represent and warrant that:
      1. the purchase information you supply is true, correct, and complete;
      2. you are duly authorized to use such purchase method for the purchase;
      3. will pay all charges incurred in connection with your transaction, including the purchase price and all applicable transaction fees, Gas fees, taxes, and all other fees related to your transaction, including any and all fees required to process and validate the transaction, and
      4. authorize all such charges to be automatically charged toward, and collected from, your payment.
  4. Your Rights
    1. You acknowledge that you are buying a non-fungible token and agree that Grozen owns all legal right, title, and interest in and to the art, graphics, images, designs, text, illustrations, and drawings associated with the Tigerbob NFTs and all intellectual property rights therein (the “Art”). The rights you have in and to the NFT you purchased through the Tigerbob NFT Marketplace (the “Purchased Tigerbob NFT”) are expressly stated in this Section 4 of the NFT Terms.
    2. You own the Purchased Tigerbob NFT. You do not own the Art. This means you only have the right to sell or give away your Purchased Tigerbob NFT. You are not receiving ownership of the Art but are receiving certain limited rights in the Art as set forth herein.
    3. Upon purchasing the Purchased Tigerbob NFT, you immediately receive a limited worldwide, non-exclusive, transferable license to use and display the Art associated with your Purchased Tigerbob NFT, solely for your own personal, non-commercial use (the “License”). The License will apply to the person or entity who at the applicable time is the rightful holder of the Purchased Tigerbob NFT and is in compliance with these NFT Terms.
    4. You agree that you may not, nor permit any third party to do or attempt to do any of the following:
      1. modify the Purchased Tigerbob NFT and/or alter, transform, or adjust the Art in any way, including without limitation, the shapes, designs, drawings, attributes, or color schemes;
      2. Copy or create derivative works of the Art;
      3. use the Purchased Tigerbob NFT, and/or the Art to advertise, market, or sell any product or service;
      4. use the Purchased Tigerbob NFT and/or the Art in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes;
      5. use the Purchased Tigerbob NFT and/or the Art in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use;
      6. resell or distribute the Purchased Tigerbob NFT and/or the Art for commercial gain, except to resell or transfer the rights granted herein;
      7. attempt to trademark, copyright, or otherwise acquire any intellectual property rights in or to the Tigerbob NFT, the Art, or the TIGERBOB trademark;
      8. challenge Grozen’s copyright ownership;
      9. create any other Non-fungible tokens based on any Tigerbob NFT and/or the Art.
    5. You must include the token identification number for all personal and non-commercial uses of the Purchase Tigerbob NFT and the Art.
    6. You may use or apply the Art that is the subject of the Purchased Tigerbob NFT as a tattoo.
  5. Grozen's Rights
    Grozen owns all right, title, and interest in the Tigerbob NFTs, the Art and the name TIGERBOB. Grozen owns all of the intellectual property rights in and relating to the Tigerbob NFTs and the Art in any medium. For example, Grozen owns the hand-drawn versions of the Art, and all photoshop files, original pixel objects, and all elements and features of the images, layers, names of layers, names of attributes, and names for the metadata used to create the Tigerbob NFTs. Only Grozen has the sole ability to edit, recolor, rework, or redesign the Tigerbob NFTs and the Art.
  6. Refund Policy
    All sales of Tigerbob NFTs are final and non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Purchased Tigerbob NFT, any disruption to the operations of any components of the Purchased Tigerbob NFT, or any other reason whatsoever.
  7. Subsequent Sales of NFTs
    1. You acknowledge and agree that the intent is for all subsequent owners of your Purchased Tigerbob NFT to be bound by the NFT Terms. In the event that you elect to subsequently transfer your NFT to a third party, you agree that, prior to such transfer, you will notify such third party of these NFT Terms and the Agreements.
    2. Tigerbob NFTs may not be compatible with other marketplaces, platforms, or exchanges operated by third parties (“Other Platforms”). We do not control any Other Platforms or any purchases or sales of Tigerbob NFTs or any other activity that occurs outside of this website, and you acknowledge and agree that we are not a party to any agreement you enter into or any transaction you conduct on any Other Platform.
All questions regarding this Agreement should be directed to: legal@gossamerrozen.net.