TERMS & CONDITIONS

TERMS & CONDITIONS (the “Terms”)

The Monkey Kingdom Genesis consists of the Monkey Kingdom collection of 2,222 randomly generated 32x32 pixel Wukong NFTs and Diamond Baepe collection of 2,221 randomly generated 32x32 pixel Diamond Baepe NFTs on the Solana blockchain (“MK NFT”). Each and every Monkey Kingdom Wukong or Diamond Baepe is unique, with different features and attributes that vary in rarity.

Definitions

For the purposes of the below, the following capitalized terms will have the following meaning:

“Art” means any art, design and drawings that may be associated with a MK NFT that you Own.

“Own” means, with respect to a MK NFT, a MK NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.

“Purchased Monkey(s)” means a Monkey(s) that you Own.

“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.

Ownership

When you purchase an MK NFT, you own the underlying NFT completely. This means that you have the right to trade your MK NFT, sell it, or give it away. Ownership of the MK NFT is mediated entirely by the Smart Contract, the Ethereum or Solana Network: at no point will we seize, freeze or otherwise modify the ownership of any MK NFT.

License to Art

  • General Use - Subject to your continued compliance with these Terms, Monkey Kingdom Ltd grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Monkeys:
    • for your own personal, non-commercial use;
    • as part of a marketplace that permits the purchase and sale of your Purchased Monkey, provided that the marketplace cryptographically verifies each Monkey owner’s rights to display the Art for their Purchased Monkey to ensure that only the actual owner can display the Art; or
    • as part of a third-party website or application that permits the inclusion, involvement, or participation of your Purchased Monkey, provided that the website or application cryptographically verifies each Monkey owner’s rights to display the Art for their Purchased Monkey to ensure that only the actual owner can display the Art and provided that the Art would not be displayed on the website or application once the owner of the Purchased Monkey leaves the website or application.
  • Commercial Use - Subject to your continued compliance with these Terms, Monkey Kingdom Ltd grants you a limited, non-exclusive, non-transferable, worldwide license to use, copy, and display the Art for your Purchased Monkey for the purpose of commercialising your own merchandise that includes, contains, or consists of the Art for your Purchased Monkey. For the sake of clarity, nothing in this Section will be deemed to restrict you from:
    • Owning or operating a marketplace that permits the use and sale of MK NFTs generally, provided that the marketplace cryptographically verifies each Monkey owner’s rights to display the Art for their Purchased Monkey to ensure that only the actual owner can display the Art;
    • Owning or operating a third-party website or application that permits the inclusion, involvement, or participation of the MK NFT, provided that the third-party website or application cryptographically verifies each MK NFT owner’s rights to display the Art to ensure that only the actual owner can display the Art for their Purchased Monkey to ensure that only the actual owner can display the Art and provided that the Art would not be displayed once the owner of the purchased MK NFT leaves the website or application; or
    • Earn revenue from any of the above stated purposes.

Restrictions

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without Monkey Kingdom Ltd.’s express prior written consent in each case:

  • modify the Art for your Purchased Monkey in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
  • use the Art for your Purchased Monkey to advertise, market, or sell any third-party product or service;
  • use the Art for your Purchased Monkey 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;
  • use the Art for your Purchased Monkey in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use;
  • sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Monkey, except as expressly permitted in these Terms;
  • attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Monkey; or
  • otherwise utilize the Art for your Purchased Monkey for your or any third party’s commercial benefit.

This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private wallets and validating all transactions and contracts generated by this website before approval.

Furthermore, as the Monkey Kingdom smart contract runs on the Ethereum and Solana network, there is no ability to undo, reverse, or restore any transactions.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Monkey Kingdom digital collectibles.