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Terms of Use

Terms of Use

Last Updated: August 20th, 2024

Welcome to forgottenmoji.com (the “Site”). These Terms of Use (“Terms”) govern your use of the Site and any services provided by Moji, Forgotten Toys (the “Company,” “we,” “us,” or “our”), including the use of the $MOJI token on the Base blockchain or any future blockchains and the purchase of NFTs known as “Moji, Forgotten Toys.”

1. Acceptance of Terms

By accessing or using the Site, you agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines posted on the Site. If you do not agree to these Terms, please do not use the Site or any of the services offered.

2. The $MOJI Token

  • 2.1. Purpose: The $MOJI token is a utility token used exclusively for purchasing NFTs called “Moji, Forgotten Toys” on the Base blockchain. It is not intended to be an investment, security, or a form of currency outside of its use within our platform.

  • 2.2. Not a Security: The $MOJI token is not a security. The Company does not provide any guarantees or promises of financial returns, profits, or appreciation in value related to the $MOJI token. The token is designed solely for the purpose of accessing and utilizing certain features and content within the Site.

  • 2.3. No Investment Advice: The Site does not provide investment, financial, or legal advice. The content and services provided are for informational purposes only and should not be construed as an offer to buy or sell any securities or financial instruments.

3. Use of the Site and Services

  • 3.1. Eligibility: You must be at least 18 years old or the age of majority in your jurisdiction to use the Site. By using the Site, you represent and warrant that you meet this eligibility requirement.

  • 3.2. Account Registration: To use certain features of the Site, you may need to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up-to-date.

  • 3.3. User Conduct: You agree to use the Site and the $MOJI token for lawful purposes only. You may not use the Site to engage in any activity that is illegal, harmful, or in violation of these Terms.

4. Purchasing NFTs

  • 4.1. Moji, Forgotten Toys: The $MOJI token can be used to purchase NFTs known as “Moji, Forgotten Toys” on the Base blockchain. These NFTs are unique digital assets that represent ownership of specific digital items.

  • 4.2. No Refunds: All purchases of $MOJI tokens and NFTs are final. The Company does not offer refunds or exchanges for any transactions made using $MOJI.

  • 4.3. Ownership of NFTs: Ownership of NFTs is recorded on the Base blockchain. The Company does not guarantee the permanence or accessibility of any NFTs outside of the Site.

5. Commercial Rights for NFTs

  • 5.1. Commercial Use License: Upon purchasing an NFT from the “Moji, Forgotten Toys” collection, you are granted a non-exclusive, transferable, worldwide license to use, copy, and display the NFT artwork for commercial purposes. This includes the right to create and sell derivative works, merchandise, or other products featuring any owned NFT artwork.

  • 5.2. Limitations: The license granted to you under these Terms is subject to the following limitations:

    • No Endorsement: You may not use the NFT artwork in a way that suggests endorsement or sponsorship by the Company or its affiliates.
    • Moral Rights: The original creator of the NFT retains moral rights, including the right to be credited as the creator and to object to derogatory treatments of the artwork.

  • 5.3. Royalties: The Company may receive a royalty on secondary sales of NFTs as specified in the smart contract governing the NFTs. This royalty applies only to the sale of the NFTs themselves and not to any derivative works or commercial products created using the NFT artwork.

6. Risks

  • 6.1. Blockchain Risks: Transactions involving the $MOJI token and NFTs occur on the Base blockchain. The Company is not responsible for any errors, delays, or issues related to the Base blockchain, including but not limited to transaction failures, network congestion, or losses due to blockchain-related risks.

  • 6.2. Value Fluctuations: The value of $MOJI and NFTs may fluctuate based on market conditions, demand, and other factors. The Company does not guarantee the value or stability of $MOJI or NFTs.

7. Intellectual Property

  • 7.1. Ownership: The Company owns all intellectual property rights in the Site and its content, excluding the NFTs, which are owned by their respective holders.

  • 7.2. License: The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms. This does not include any right to use the NFTs, which are governed by the specific commercial rights granted above.

8. Disclaimers and Limitations of Liability

  • 8.1. No Warranties: The Site and all services provided are offered “as is” and “as available” without warranties of any kind, either express or implied. The Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • 8.2. Limitation of Liability: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill, arising out of or in connection with your use of the Site or the $MOJI token.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

11. Changes to These Terms

The Company reserves the right to modify or update these Terms at any time. We will notify you of any material changes by posting the new Terms on the Site or by other appropriate means. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions or concerns about these Terms, please contact us at forgottenmoji.com.