Nova's Ownership

LICENSE AGREEMENT, TERMS OF SERVICE AND TERMS OF USE FOR DESIGNS, ARTWORK AND COMMISSIONS.

This LICENSE AGREEMENT, TERMS OF SERVICE, AND TERMS OF USE ("Agreement") is entered into between IINKT and the commissioner, owner, and/or buyer ("The User"), as it applies.

WHEREAS, The User is assuming a personal use license of commissioned art pieces (“Artwork(s)”) or character designs (“Design(s)”), or for Artwork(s) or Design(s) The User has paid for or otherwise is recieved, from IINKT, including, but not limited to, trades and gifts.

WHEREAS, IINKT is in the business of selling, trading, or gifting Artwork(s) or Design(s) and retaining the commercial license and copyright of the Artwork(s) and Design(s).

THEREFORE, it is agreed between IINKT and The User as follows:

1. Grant

Subject to the terms and conditions set forth herein, IINKT hereby grants to The User a nonexclusive, personal usage license of the Artwork(s) or Design(s) for the term of this Agreement to:

a) print the Artwork(s) or Design(s) as a photograph or poster for personal use, including at-home or display use;

b) edit or composite the Artwork(s) or Design(s), given the signature or watermark (herein the "Signature") remains intact, and the Artwork(s) or Design(s) remain recognizable;

c) repost or share the Artwork(s) or Design(s) in social medias, given the Signature remains intact and credit is obvious and outright (Section 3);

d) resell the Artwork(s) or Design(s) for only its exact, accumulative worth, which is comprised of the original amount paid, and in the case of the Design(s), additional Third Party artwork in their exact monetary values (“Worth”), or less, to a Third Party so that the Third Party inherits this same license of personal use.

e) retrade or regift the Artwork(s) or Design(s) to a Third Party so that the Third Party inherits this same license of personal use.

Subject to the same terms and conditions set forth herein, IINKT does not grant any license of the Artwork or Design for The User to:

a) sell or redistribute the Artwork(s) or Design(s) to a Third Party for commerical use;

b) sell the Artwork(s) or Design(s) as Non-Fungible Tokens ("NFTs");

c) sell or redistribute the Artwork(s) or Design(s) as physical items, including but not limited to t-shirts, prints or posters. 

d) resell the Artwork(s) or Design(s) for more than what it was originally purchased or commissioned for;

e) use the Artwork(s) or Design(s) in promotional material that would result in monetary gain to The User or a Third Party.

All rights not expressly granted hereunder are reserved to IINKT.

1.1 Specific Grant for Designs

IINKT hereby grants a license of the Design(s) for The User to:

a) resell the Design(s) for its Worth, or less. The Design(s) Worth is comprised of the paid price of the Design(s), whether paid to IINKT or a Third Party, any commissioned artwork of the Design(s), whether by IINKT or a Third Party, and any artwork done by a Third Party, The User, or IINKT otherwise assigned a monetary value by a Third Party, The User, or IINKT, respectively.

b) change or alter the Design in a way that still resembles the original ("Redesign"), so long as IINKT continues to be credited for the original.

IINKT does not grant any license of the Design for The User to:

a) include gift Artwork or Artwork otherwise assigned no monetary value by IINKT, a Third Party, or The User as part of the Design's Worth;

b) sell the Design(s) to a Third Party outside of the website Toyhou.se ("Toyhouse"). Instead, the Design must remain on Toyhouse and must belong to a user on the site;

c) delete the Design(s) from Toyhouse without explicit, written permission of the deletion with IINKT;

d) create a character design or allow a Third Party to create a character design based on the Design(s) ("Kinning").

1.2 Specific Grant for Bases

A "Base" is defined herein as Artwork created and intended for The User to customize and post with artistic changes.

IINKT hereby grants a license of the Base(s) for The User to:

a) create character designs that may be sold, traded or kept;

b) move the Signature within the Base(s) so that it remains visible and discernable to read.

IINKT does not grant any license of the Base for The User to:

a) redistribute the Base(s), by itself or in part, to a Third Party;

b) sell the Base(s), by itself or in part, to a Third Party;

c) remove the Signature or render the Signature so that it is obstructed or indiscernible.

2. Use of Name

Nothing herein shall be construed as granting any permission for The User to use IINKT's name, logos, trademarks or other identification in connection with any Artwork(s) or Design(s).

3. Credit

The User shall use reasonable efforts to ensure that the use of the Artwork(s) or Design(s) is accompanied by a reasonable credit to IINKT.

Credit to IINKT may take the form of a social media “mention” or "@ ping" or through links to either the same social media site or another social media site directing to one of IINKT's profiles.

4. Proprietary Rights

The Parties hereby acknowledge and agree that IINKT shall retain all right, title and interest to the Artwork(s) or Design(s), including without limitation any copyright or other proprietary rights in and to the same. The User shall make no use of the Artwork(s) or Design(s) other than as expressly provided herein, and acknowledges that to do so would constitute an infringement of IINKT's proprietary rights therein.

Copyright notice is not required to be published alongside useage of the Artwork or Design.

5. Indemnification

The User shall indemnify, defend, and hold IINKT harmless from any claims, demands, liabilities, losses, damages, judgments or settlements, including all reasonable costs and expenses related thereto including attorneys' fees, directly or indirectly resulting from any claim asserted by a Third Party with respect to the Artwork or Design, including without limitation a claimed infringement or violation of any intellectual property right or right of publicity or privacy or a claim of libel or defamation, whether due to materials included in the Artwork or Design at the request of The User for which no copyright permission or privacy release was requested, uses which exceed the uses allowed pursuant to a permission or release, or neither.

6. Binding Agreement

This Agreement executed by the Parties sets forth the entire agreement between the Parties in connection with the subject matter hereof and it incorporates, replaces, and supercedes all prior agreements, promises, proposals, representations, understandings and negotiations, written or not, between the Parties. The making, execution, and delivery of this Agreement have been induced by no representations, statements, warranties or agreements other than those expressed herein. This Agreement shall be binding upon the heirs, legal representatives, successors and assigns of IINKT.

This Agreement individually applies to each Artwork or Design that The User obtains through this Agreement.

7. Severability

If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.