Terms of Use

These terms of use (the “Terms”) set forth the terms and conditions under which NIFTY ISLAND LLC, a Wyoming limited liability incorporation, including its subsidiaries and affiliates (collectively, “(NIFTY)”, “us”, “our”, or “we”), and you (“you” or “your”) agree to be governed as it relates to any of your activity on, with or in the online, decentralized, community-driven platform product and associated services including any content, functionality, software, services and/or software-as-as service created and owned by Us (the “Services”)

Please read these Terms carefully before you start to use the Services. By agreeing to these Terms, you accept and agree to be bound and abide by these Terms and our Privacy Policy.

The Services are offered, are intended for and are only lawfully available to users who are eighteen (18) years of age or older. By accessing or using the Services, you represent and warrant that you are eighteen (18) and of legal age to form a binding contract with NIFTY. If you do not meet all of these requirements, you must not access or use the Services.

NIFTY enables users to import an array of 3D objects, 2D images, custom avatars, wearables, and audio files (each, an “Asset” and collectively, the “Assets”), which can then be used on and to interact with the Services. NIFTY further enables users to mint NFTs, play as an NFT, import their NFT collection and purchase new 3D, metaverse-ready NFTs from our NIFTY Loot collection and marketplace. These, for example, architectural NFTs, skins, wearables, and/or weapons can be used to decorate your Island. You can also earn new items for your Island by completing quests (each, a “Game”), and socialize with other players via voice and text chat.

FORGE

The Forge is an NFT minting dapp that enables users to easily create game-ready NFTs. Users can select from a set of NFT categories they wish to create (e.g., an in-game island, an in-game object, or in-game 2D art). Within each NFT category are subcategories (e.g., in-game objects > furniture > table) with templates available for users to ensure their NFT creations work well in our 3D virtual environment. Once a user uploads their files (accepted types: .glb, .gltf, .fbx for objects), their creations are immediately usable inside of the Nifty Island game. Users can also upload their creations onto NIFTY, NIFTY’s marketplace, and define the NFT metadata along a set of predetermined parameters to mint the creation from your EVM-compatible wallet. Once NFTs are uploaded onto the NIFTY marketplace, NFTs can be viewed, listed for sale, and traded with other users. Use of, and interaction with, the Forge may be subject to further terms and conditions available at Forge.

ASSET & GAME CREATION

You may create, upload, and exchange Assets and create Games that comply with these Terms, including the following requirements:

  • Assets and Games must comply with the Metadata Specifications (defined below).

  • Assets must be unique. Each new Asset must be distinct and not a copy of any character or intellectual property to which you do not own and/or control rights. Any Asset that exhibits similarities, in NIFTY’s sole discretion, to a pre-existing and/or third party off- NIFTY asset, is subject, in NIFTY’s sole discretion, to removal from NIFTY. NIFTY retains the sole and absolute right to remove Assets from the Services that violate, in Nifty’s sole discretion, these Terms.

  • Assets and Games must not be pornographic, obscene, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal, as will be determined by NIFTY in its sole discretion.

  • By minting an Asset on NIFTY Forge, you agree never to mint a duplicate asset elsewhere.

  • You are solely responsible for ensuring that any Assets you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights.

  • You agree that any information included in your Assets and/or Games may be used in accordance with our Privacy Policy. NIFTY always has the right, in its sole discretion, to accept or reject any Assets and/or Games.

SALE OF ASSETS AND GAMES; PAYMENT

You may make your Asset eligible to be sold in the NIFTY marketplace. You may decide and agree on the price for the Asset in NIFTY marketplace. You will control the scarcity of the Asset in the NIFTY marketplace. Any revenue earned in the NIFTY marketplace for sales of the Asset, minus any transaction fees, shall be paid to you directly and immediately on the blockchain by the purchaser of your Asset. Nifty shall not, cannot and will not ever take custody of your funds.

If you elect to purchase and/or sell Assets and/or Games on NIFTY, any financial transactions that you engage in will be conducted through a blockchain (e.g. Polygon, and Ethereum) via a self-custodial crypto wallet mask like MetaMask (or other MetaMask-compatible wallets and browsers). NIFTY has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions, nor do we ever take or have custody over any currencies and/or funds. NIFTY will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in on NIFTY.

Each sales transaction that occurs on NIFTY will be subject to a fee payable by the purchaser to NIFTY. Such fee will be automatically applied as part of the sales transaction.

As between you and NIFTY, you will be solely responsible to pay any and all sales, use, value- added and other taxes, duties, and assessments (except taxes on NIFTY’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of NIFTY (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any Assets and/or Games).

OWNERSHIP OF NIFTY’s CONTENT

By using the Services, you will encounter “NIFTY Content”, which includes but is not limited to all of the images, text, information, data, audio, video, graphics and other material included on, or otherwise made available through the Services, excluding Assets and/or Games. Except as otherwise set forth in these Terms, we do not claim ownership over Assets and/or Games.

All NIFTY Content is owned by NIFTY or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and NIFTY and its licensors, NIFTY or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all NIFTY Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of NIFTY or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any NIFTY Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of NIFTY or any third party. We reserve all rights not expressly granted to you in these Terms.

We grant you a limited, non-exclusive, non-sub licensable, revocable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, copy, imitate, display, distribute, adapt, reverse-engineer, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or NIFTY Content for any purpose whatsoever without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or NIFTY Content without express prior written permission from us or the applicable rights holder is strictly prohibited and is grounds for terminating your account on NIFTY.

The Services are proprietary to NIFTY or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, recompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that NIFTY may update the Services, at any time and in our sole discretion, and that these Terms will apply to any updated versions.

OWNERSHIP OF ASSETS AND GAMES

During the operation of the Services, you may upload certain Assets and/or Games to NIFTY. Except as otherwise set forth in these Terms, you remain the owner of your Assets and/or Games at all times, and NIFTY does not claim any ownership rights in your Assets and Games.

By connecting your crypto wallet to your NIFTY account and integrating your NFTs into the Services, you grant NIFTY the right to use, display, and otherwise utilize these NFTs within the game environment and in our promotional or operational materials. This includes, but is not limited to, using these NFTs in marketing campaigns, in-game displays, and any other form of use that NIFTY deems appropriate within the scope of its Services.

You are solely responsible for ensuring that any Assets and Games you submit to the Services comply with any applicable laws and third party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights. You agree that any information included in your Assets and/or Games may be used in accordance with our Privacy Policy. NIFTY always has the right, in its sole discretion, to accept or reject any Assets and/or Games.

By using the Services, you grant NIFTY a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute, make derivative works from and adapt the Assets and/or Games you use/submit/bring to the Services for the purposes of developing, distributing, providing, improving, and promoting the Services and/or our activities. You further grant NIFTY the right to use your name, likeness, and/or trademarks, if any, in connection with our use of your Assets and Games.

USER CONTENT

1.1 User Content. “User Content” means any and all information and/or content that you submit to, or use with, the Services (e.g. uploads and postings) excluding Assets and Games. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by NIFTY. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. NIFTY is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

1.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Nifty an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

1.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(1.3.a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(1.3.b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any materials or content that is harmful for third party information systems (including but not limited to viruses, bots and/or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services..

1.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account and/or reporting you to law enforcement authorities.

1.5 Feedback. If you provide Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

DMCA

Nifty will respond lawfully and appropriately, including but not limited to taking down content and suspending user access, to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims. We also reserve right to terminate your access to Nifty if we determine you are a repeat infringer.

If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please fill tell us by sending an email to admin@niftyisland.io. Please include:

  • Detailed identification of the IP you claim is being infringed;

  • Detailed identification of the allegedly infringing material;

  • Your contact information – at a minimum, your full legal name (not pseudonym) and email address;

  • A declaration that (i) you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; (ii) the information in the notice is accurate; and (iii) under penalty of perjury you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

Please note this process is not confidential. We will provide all relevant parties copies of the notice and declaration.

REPRESENTATIONS AND WARRANTIES

You warrant and represent that: (a) you own or otherwise control all of the rights to your Assets, Games and User Content (collectively the “Materials”); (b) the Materials are free and clear of liens or encumbrances from any source whatsoever; (c) you know of no adverse claims to the Materials; (d) you have secured or will have secured prior to submitting the Materials to NIFTY, any and all necessary rights, clearances and/or licenses with respect to the Materials, and any other materials and elements embodied in or used in connection with the Services; (e) none of the Materials provided, created, produced, compiled, developed or otherwise supplied hereunder, shall violate or infringe upon the copyright, trademark, privacy, creative or other rights of any person, firm, corporation or other third party by reason of distribution, exhibition or other use; (f) any Materials you upload to NIFTY or any information incorporated into your Island profile is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (g) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.

RIGHT TO MONITOR, MODERATE, OR REMOVE

You agree that you bear all risks associated with your Materials. You are solely responsible for safeguarding your Materials, and NIFTY has no duty to store copies of Materials for future availability to you or any user except as otherwise provided under these Terms. NIFTY does not permit the infringement of intellectual property rights on the Services, and will remove Materials from the Services if properly notified that such Materials infringe on another’s intellectual property rights. We reserve the right to remove Materials from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the account of any user of the Services who has been notified of infringing activity and/or has had Materials removed from the Services. We also reserve the right to decide whether Materials are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of NIFTY to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your Materials in any manner that we may determine, whenever we deem it appropriate.

INDEMNIFICATION

You agree to indemnify, defend and hold NIFTY, its directors, officers, agents, owners and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of (i) a breach of any representation, warranty or covenant hereunder, (ii) any exhibition, presentation, distribution or exploitation of your Materials or any rights therein, and (iii) the negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Materials under these Terms and/or your relationship with NIFTY. You agree to notify NIFTY promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Materials, or your obligations hereunder. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with NIFTY.

RESTRICTIONS AND OBLIGATIONS

It is important to NIFTY that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:

  • Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, NIFTY Content, and/or Materials, except as permitted by these Terms;

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;

  • Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;

  • Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;

  • Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;

  • Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or NIFTY’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or NIFTY’s computer or networking systems;

  • Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security;

  • Otherwise use the Services for purposes other than those for which they were designed.

DISCLAIMERS; LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NIFTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, NIFTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NIFTY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, NIFTY WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, NIFTY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, YOUR USE OF THE SERVICES AND/OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS US$100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.

MODIFYING AND TERMINATING THE SERVICE

At any time and without notice, NIFTY reserves the right to modify or stop offering all or part of the Services. NIFTY may, in its sole discretion and at any time, refuse anyone who requests access to NIFTY, terminate your rights to create and/or upload Materials, and/or block or prevent your access to and use of any Services, provided, however, that you will remain the owner of your Assets and Games in accordance with these Terms.

OTHER WEBSITES AND SERVICES

The Services may contain links and features that enable you to access other third-party websites or services (“Third-Party Services”) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the contents of any linked site. A link does not imply endorsement of, sponsorship of, or affiliation with the Third-Party Services by NIFTY. Please exercise caution before proceeding to any Third-Party Services or entering into any transaction with third parties linked to from the Services. NIFTY may in no circumstances be held liable for the technical availability of Third-Party Services, the content, advertising, products and/or services available on Third-Party Services, or any transactions that take place between a user and Third-Party Services whom the user has been directed via the Services. NIFTY may in no circumstances be a party to any disputes whatsoever between you and third parties concerning Third-Party Services.

GOVERNING LAW; FORUM

The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of the State of Texas , United States, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of the State or Federal Courts located in the City of Austin and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.

ARBITRATION

All disputes arising out of or in connection with these Terms, including without limitation your access or use NIFTY, or to any products sold or distributed through NIFTY, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be Texas. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.

AMENDMENT

NIFTY reserves the right to amend these Terms at any time by posting a notice on this page. A user must accept the new terms to use the Services after an amendment has become effective. A user who does not accept the amended Terms shall cease use of the Services.

ASSET AND METADATA SPECIFICATIONS

Available at EIP-XXXX Multi-Asset Standard - HackMD (subject to update from time to time).