We’re not here to take the ‘fun’ out of non-fungible, but our lawyers want us to remind you that NFTs are inherently risky. They’re collectible digital assets that have no inherent or intrinsic value and are therefore extremely speculative and volatile. And as 🔥🤓🔥 as they may be, The Nerd Collective NFTs are no exception. 

By purchasing The Nerd Collective NFTs or interacting with this website, you are not making an investment into the company, you are not a “shareholder,” and you should have zero expectation of profit, or even that your NFTs will retain their original value. 

The Nerd Collective NFTs are purely intended for consumer enjoyment, use, and consumption only. You assume all risks associated with the use and value of any NFTs you purchase and transactions you conduct on this site.

With that in mind, please read these Terms and Conditions carefully before using the website or purchasing The Nerd Collective NFTs.

“Art” means any art, designs, text, images, drawings, traits, layers, and other design elements that may be associated with a Licensed NFT that you own

“NFT” means any blockchain-tracked Non-Fungible Token

“Services” means any labor or benefit provided by The Nerd Collective that does not produce a tangible commodity

“Site” means The Nerd Collective website and or The Nerd Collective App, www.nerdcollective.xyz and any subdomains.

“The Nerd Collective,” “we,” “us,” or “our” means The Nerd Collective and/or its affiliates

“TNC NFT” means any NFT created by The Nerd Collective 

“You,” “your,” or “user” means a lawful owner of a The Nerd Collective NFT

These Terms and Conditions (“Terms”) are a legal agreement between you and The Nerd Collective that govern your purchase, use, and ownership of any NFT, token, Art, or other digital property offered by The Nerd Collective by any means, whether through the Site, mobile applications, other platforms, or via “airdrop” or other delivery mechanism. 

Please review these Terms carefully before accessing the TNC Website and entering The Nerd Collective, as they contain an Agreement to Arbitrate and other important information regarding your legal rights, remedies, and obligations. 

All access and use of the Site and Services are subject to the terms and conditions contained in these Terms. Your purchase, use, and continued ownership of any TNC NFT is made available to you subject to a license as provided in these Terms. By accessing the Site, or by purchasing, using, or retaining control of any TNC NFT, you acknowledge that you have read, understood, and agreed to be bound by these Terms and the licenses provided therewithin. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. 

If you do not agree with these Terms, you may not use this Site or attempt to purchase a TNC NFT. 

We reserve the right to change or modify these Terms at any time at our sole discretion and will update The Date of Last Revision accordingly. You understand that by accessing or using the Site following any change to these Terms, you are agreeing to the revised Terms and all of the terms incorporated therein by reference. Your continued use of the Site after we have posted updated Terms means that you accept and agree to the changes. 

When you purchase an NFT you purchase a certificate of ownership that includes a limited license, as described below, to an underlying Art. You enjoy full ownership rights to the NFT which enable you to own, sell, and trade your NFT. Your rights to the underlying Art, however, are subject to a limited license which defines the limited ways in which you can use the Art.

Each TNC NFT is associated with certain digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which it is made available. You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. 

The name and Intellectual Property (“IP”) involved in the TNC NFTs is owned by The Nerd Collective (“Rights Owners”). All rights that are not specifically granted to the users and owners of the Art below are reserved by The Nerd Collective team. 

The Rights Owners retain all right, title, and interest in all trade names, brands, logos, trademarks, stories, 3D layer files, website names, likenesses, images, or other personal characteristics of persons or characters, the look and feel of the user interface, the smart contract code, or anything else not specifically granted by any following licenses. Nothing in this License will be interpreted to grant you any rights to any trademarks belonging to The Nerd Collective. Without our written permission, you may not use any The Nerd Collective Trademarks for any Commercial Use, including to register any domain names or social media accounts. You hereby agree that any IP rights you purport to acquire, together with any associated goodwill, shall automatically, immediately, and at your expense be assigned, and is hereby assigned, to the Rights Owner.

Subject to your acceptance of, and continued compliance with, these terms, upon lawfully acquiring your TNC NFT and, for so long as you hold your TNC NFT, The Nerd Collective grants you a limited, personal, non-sublicensable, non-exclusive, revocable worldwide license under any copyright owned by The Nerd Collective to use, sell, transfer, copy, and display the Art associated with your TNC NFT for personal use, subject to the restrictions set forth below. 

You may exercise your commercial license for economic activity, subject to the general prohibitions and restrictions described below. While we are fully supportive of your commercial endeavors, the individual layered files and traits that comprise the Art associated with your TNC NFT are proprietary, therefore you are prohibited from minting new NFTs that are Derivative Works of the Art, modifying the Art, or minting another full project using the Art in any way. You may not create, post, store, or share any content using the Art that violates these Terms or for which you do not have all the rights necessary. The Nerd Collective reserves the right to revoke your license at any time for noncompliance with any Terms in this agreement. 

You may not use any TNC NFT or its associated Art in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene activity, or that promotes any such activity, as determined in The Nerd Collective’s sole discretion. You shall not use your TNC NFTs or its associated Art in any way that could be construed as being adverse or derogatory to the image of The Nerd Collective or any of its subjects featured in the Art. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

You understand and agree that the prices of collectible digital assets, including TNC NFTs, have no inherent or intrinsic value, and are therefore extremely volatile and subjective. Fluctuations in the price of other digital assets could materially and adversely affect the value of your TNC NFTs. The Nerd Collective cannot guarantee that any NFT purchased will retain its original value. You agree to assume all risk associated with the use and the value of the TNC NFT and its associated Art. 

Any NFT created by The Nerd Collective is intended for consumer enjoyment, use, and consumption only. IT IS NOT A “SECURITY,” as defined under The Securities Act of 1933, as amended, The Securities Exchange Act of 1934, as amended, The Investment Act of 1940, as amended, or under the Securities Laws of any U.S. state.

Your access to and use of TNC NFTs and its associated Art are at your own risk. All licensed NFTs are provided “as is” and “as available” without warranties of any kind, either express or implied. The Nerd Collective and its affiliates or representatives (“Creator Entities”) disclaim all warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Creator Entities make no warranty or representation and disclaim all responsibility and liability for: (1) The completeness, accuracy, availability, timeliness, originality, security or reliability of TNC NFTs and its associated Art; (2) The operation or compatibility with any other application or any particular system, device, blockchain, digital wallet, hardware or marketplace; and (3) Whether TNC NFTs and its associated Art will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (4) The deletion of, or the failure to store or transmit TNC NFTs and its associated Art. TNC NFTs and its associated Art are intended for consumer enjoyment, use and consumption only.

To the fullest extent permitted by law, in no event shall the Creator Entities be liable to you or any third party for any loss of profit, loss of business, loss of revenue, or any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, goodwill, work stoppage, diminution of value, or any other intangible loss, technology failure, or malfunction, revenue, use, or other economic advantage related to any licensed NFT or otherwise), however arising, even if caused by tort (including negligence), breach of contract, or if The Nerd Collective knows there is a possibility of such damage arising. By using this site, you agree to accept sole responsibility for any and all transactions involving TNC NFTs.

Notwithstanding anything to the contrary contained herein, the maximum aggregate liability of the Creator Entities for all damages and causes of action, whether in contract, tort (including strict liability or negligence), or otherwise, shall be $100.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. If you are unsatisfied with any portion of The Nerd Collective terms, services, or TNC NFTs, your sole and exclusive remedy is to discontinue use of the services.

By entering into these Terms and accessing or using the TNC NFTs or its associated Art, you agree that you shall defend, indemnify, and hold harmless The Nerd Collective, its affiliates, and their Representatives (collectively “Indemnitees”) from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Indemnitees arising out of or in connection with: (a) Your violation or breach of any term of these Terms or any applicable law or regulation; (b) Your violation of any rights of any third party; (c) Your access to or use of the TNC NFT or its associated Art; (d) Any modifications to or derivative works of the Art you impermissibly create, or (d) any fraud, negligence or willful misconduct committed by you. For these limited purposes, the Creator Entities (other than The Nerd Collective) are third party beneficiaries of the Terms.

You agree to promptly notify The Nerd Collective of any third-party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.

The licensed rights granted to you in this Agreement shall automatically terminate if you perform any of the following actions: 1) You sell, trade, donate, or otherwise transfer your TNC NFT; 2) You breach any Terms of this Agreement; or 3) You engage in or initiate any legal actions against The Nerd Collective and/or any of their affiliates, and each of their respective officers, directors, members, affiliates, agents, or employees. 

The Nerd Collective, in its sole discretion, may terminate all of the licenses granted to you under these Terms, and suspend or terminate your account or use of the Services and remove and discard any content within the Services for any reason, including if The Nerd Collective believes you have violated any of the provisions of these Terms.

Upon the termination of your licenses for any reason, you shall immediately cease all use of the rights and activities granted, including all activities involving the Licensed NFT for your own personal use and creating or selling physical merchandise that incorporates the Art of the Licensed NFT.

Termination will not limit any of The Nerd Collective’s other rights or remedies at law or in equity. Further, you agree that The Nerd Collective will not be liable to you or any third party for any termination of your access.

When you purchase an NFT you purchase a certificate of ownership that includes a limited license, as described below, to an underlying Art. You enjoy full ownership rights to the NFT which enable you to own, sell, and trade your NFT. Your rights to the underlying Art, however, are subject to a limited license which defines the limited ways in which you can use the Art.

Each TNC NFT is associated with certain digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which it is made available. You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. 

The Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement”.

You and The Nerd Collective shall cooperate in good faith to resolve any dispute, controversy, or claim arising out of, or relating to the purchase of a TNC NFT, the relationship between you and us as a result of such purchase, or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity, or enforceability thereof (a “Dispute”).

If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be finally settled by Binding Arbitration.  You agree that any and all disputes or claims that have arisen or may arise between you and The Nerd Collective will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that you and The Nerd Collective are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act and the California Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Any dispute arising out of, or relating to the purchase of a TNC NFT, the relationship between you and us as a result of such purchase, or in connection with these Terms, is personal to you and The Nerd Collective and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and The Nerd Collective each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons. Unless both you and The Nerd Collective agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California before one arbitrator. The arbitration shall be administered by Judicial Arbitration Services and Mediation Services, Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The JAMS rules are available at www.jamsadr.com. A party who wishes to start arbitration must submit a Written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by JAMS.

The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding on the parties.

The parties undertake to carry out any award without delay and waive their right to any form of recourse insofar as such waiver can validly be made. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. You and The Nerd Collective will each pay their respective attorneys’ fees and expenses.

These Terms and any action related thereto will be governed by the F.A.A., the C.A.A. and the laws of the State of California, without regard to its conflict of laws provisions.

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.

The Nerd Collective has no obligation to support the resolution of, or resolve any, dispute that may arise between holders of any TNC NFT.

As part of our Services, we may provide you with links or other access to services, sites, mobile apps, technology, and resources that are provided or otherwise made available by third parties (“Third-Party Services”). Additionally, you may enable or log in to our Services via various online Third-Party Services, such as digital wallets, payment processors, social media, and social networking services. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. 

You understand and agree that we have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices through these services. We encourage you to review the terms of services and privacy policies prior to using Third-Party Services.

You, and not The Nerd Collective, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The Nerd Collective enables these Third-Party Services merely as a convenience and the integration or inclusion of such services does not imply an endorsement or recommendation. We shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or 

The Nerd Collective may choose to make additional features, access, content, items or other benefits available to owners of TNC NFTs (“Additional Features”). The Nerd Collective has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring an NFT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Please contact us at contact@nerdcollective.xyz or 402 West Broadway Suite #400, San Diego, CA 92101, to report any violations of these Terms or to pose any questions regarding these Terms on our Products or Services.