ip rights & Ownership
dream with wings
Thank you for being a part of the Bubblegoose Ballers community, and being a true GOON!
We have prepared these Bubblegoose Ballers License Terms (Terms) to explain what rights the lawful owner of an Bubblegoose Ballers Digital Collectible (defined below) has in the unique image of the Bubblegoose Ballers associated with their Bubblegoose Ballers Digital Collectible. Bubblegoose Ballers Digital Collectible means an Bubblegoose Ballers-branded or themed Digital Collectible (NFT) created by Carl Jones (Creator, we, our or us).
These Terms are intended to promote consistency, cohesiveness, and quality in communications, products, and experiences associated with Bubblegoose Ballers. By purchasing or acquiring a Bubblegoose Ballers Digital Collectible, you agree to these Terms.
Bubblegoose Ballers are Digital Collectibles (NFTs) that are verified through blockchain technology (Bubblegoose Ballers). When you lawfully acquire a Bubblegoose Ballers Digital Collectible, depending on the blockchain, you own the actual token or inscription, verifiable through a unique token ID or inscription number.
You also have rights to use the Art associated with your Bubblegoose Ballers Digital Collectible, subject to your compliance with these Terms. The Art is made up of the:
- Bubblegoose Ballers Digital Collectible; and
- Bubblegoose Ballers Art Unlocks
ART FOR PERSONAL AND COMMERCIAL USE
Subject to your compliance with these Terms, our Terms of Service and Sale and our Usage Standards (see below), for as long as you lawfully own a Bubblegoose Ballers Digital Collectible, we grant you a non-exclusive, non-sub-licensable, worldwide, royalty free license to use the Art for both personal use (including but not limited to profile pictures, social media content, physical prints or as your avatar in other digital worlds) and commercial use (including but not limited to selling t-shirts, comic books, etc.), as long as all such uses are in line with our Usage Standards.
Your use of the Art for your Bubblegoose Ballers Digital Collectible must be suitable for all audiences, including children. It may not be used in any way that is deceptive, divides people, promotes hatred, violence, substance abuse, drug & alcohol related products, gambling, mature themes, a specific political or religious ideology, or is otherwise unsuitable for all audiences.
BUBBLEGOOSE BALLERS TRADEMARKS
We think the Bubblegoose Ballers brand is important and special. While this license allows you to use the Art for your Bubblegoose Ballers Digital Collectible, we retain all rights to use the “Bubblegoose Ballers” trademarks/wordmarks/brands Diamond Tongue Logo, and Diamond Pattern Background.
By exception the Owner has the right to reference the Creator using the denomination Bubblegoose Ballers, and the wordmarks that exclude the Diamond Tongue Logo.
BUBBLEGOOSE BALLERS BRAND KIT
Remember this Is Your Brand too.
Our community is one of the most important items to our Brand, and we’re thrilled to present to you the Bubblegoose Ballers Brand Kit – DOWNLOAD
The Brand Kit includes the Bubblegoose Ballers wordmarks, fonts and colors. This tool kit is exclusive to Bubblegoose Ballers holders to build incredible personal and commercial brands while abiding by the Usage Standards stated above.
1. IMPORTANT RIGHTS
Your rights to use the Art is defined by the USAGE STANDARDS in the IP License Terms and Conditions
1.1 BUBBLEGOOSE BALLERS DIGITAL COLLECTIBLE
When you lawfully acquire a Bubblegoose Ballers Digital Collectible, you own the actual token or inscription of the Bubblegoose Ballers Digital Collectible (e.g., the right to freely sell, transfer, or otherwise dispose of that Bubblegoose Ballers Digital Collectible). Owning your Bubblegoose Ballers Digital Collectible also gives you important rights in the Art for your Bubblegoose Ballers Digital Collectible.
Below we describe exactly what those rights are, which are intended to be broad, enabling you to make both personal and commercial uses of your Art, in any and all media.
2. RIGHTS YOU ARE GRANTED
2.1 DIGITAL COLLECTIBLE ART PERSONAL AND COMMERCIAL LICENSE
Commercial Use means any lawful activity that is performed with the intent to generate revenue, such as sale or transfer of items (including Digital Collectibles) on any marketplace, creating and selling merchandise or creating a comic book or video game that displays the Art.
Subject to your compliance with these Terms, for as long as you lawfully own a Bubblegoose Ballers Digital Collectible, we grant you a non-exclusive, non-sublicensable, worldwide, royalty-free, license to use, reproduce, display, modify, and create derivative works of the Art for your Bubblegoose Ballers Digital Collectible.
2.2 THIRD PARTY CONTENT DISPLAYED IN BUBBLEGOOSE BALLERS DIGITAL COLLECTIBLES.
We may collaborate with third parties to create Bubblegoose Ballers Digital Collectibles or versions thereof which include artwork, images, works of authorship artwork, logos, trademarks, service marks, or trade dress owned by a third party (Third Party Content). The licenses granted in Sections 2.1 above do not extend to any Third Party Content included in any Art, and you may not use, copy, reproduce, display, create derivative works of, or create new Digital Collectibles based on such Third Party Content, or any portion thereof, unless we or the applicable third parties expressly provide our consent in writing or by public announcement.
2.3 USAGE STANDARDS
We care deeply about ensuring that Bubblegoose Ballers Digital Collectibles are used in the correct manner. You are not permitted to use the Art in any way that is deceptive, offensive, is intentionally divisive, promotes hatred, violence, substance abuse, drug & alcohol related products, gambling, mature themes, a specific political or religious ideology, or is otherwise unsuitable for all audiences.
2.4 DERIVATIVE WORKS
We understand that you may want to create derivative works of the Art (Digital Collectible Art Derivatives) for your specific Bubblegoose Ballers Digital Collectible, for example, by building out the rest of their body to use as an avatar in a game, or depicting them in other art styles such as pixel art. We allow you to create Digital Collectible Art Derivatives under the licenses granted above, provided that you do not create any Digital Collectible Art Derivatives that:
- Are the same as or substantially similar to Art for other Bubblegoose Ballers Digital Collectibles that you do not own;
- Other Digital Collectible Art Derivatives that others have already created; or
- Could mislead the public into thinking that we have created, sold or endorsed your Digital Collectible Art Derivatives.
Also, you acknowledge and agree that:
- We may also create our own future Digital Collectible Art Derivatives; and
- Other holders of their own Bubblegoose Ballers Digital Collectibles may also create their own Digital Collectible Art Derivatives of any Art linked to their own Bubblegoose Ballers Digital Collectibles.
These other Digital Collectible Art Derivatives may be similar or identical to your own Digital Collectible Art Derivatives. Accordingly, on behalf of yourself and your heirs, successors and assigns, you irrevocably covenant and agree not to assert or bring any suit, claim, demand or challenge against:
- Creator or its affiliates or licensees (or any of their employees, partners, members, officers, directors, and stockholders) in connection with their use of any Art or any of their own Digital Collectible Art Derivatives; or
- Any other Bubblegoose Ballers Digital Collectible holder or its affiliates or licensees (or any of their employees, partners, members, officers, directors, and stockholders) in connection with use of Art relating to their own Bubblegoose Ballers Digital Collectibles or any of their own Digital Collectible Art Derivatives.
The foregoing is the case even if such Art or Digital Collectible Art Derivatives is similar to, or the same as, any Digital Collectible Art Derivatives that have been created by you.
3. HOW YOU MAY TRANSFER YOUR RIGHTS
The licenses granted in these Terms are non-transferrable. If you sell, transfer or otherwise dispose of your Bubblegoose Ballers Digital Collectible then you will no longer be granted the foregoing licenses in the Art. In connection with any sales, transfers (including migrations or bridging across blockchains authorized by us) or similar transactions of the Bubblegoose Ballers Digital Collectibles, the transferee agrees that by purchasing, accepting, or otherwise acquiring the Bubblegoose Ballers Digital Collectible, they hereby accept these Terms.
You may not transfer a Bubblegoose Ballers Digital Collectible to a transferee that is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a terrorist-supporting country; or is otherwise listed on any U.S. Government list of prohibited or restricted parties.
3.2 MIGRATIONS AND BRIDGING.
If we offer Migration or Bridging for your Bubblegoose Ballers Digital Collectible to another blockchain (New Bubblegoose Ballers Digital Collectible) and you accept this offer, then the licenses associated with the Bubblegoose Ballers Digital Collectible will remain in effect and be associated with the New Bubblegoose Ballers Digital Collectible. If you do not accept the Migration or Bridging offer then your license to the Art remains in effect.
4. OTHER KEY CONSIDERATIONS
4.1 BUBBLEGOOSE BALLERS TRADEMARKS.
Bubblegoose Ballers Trademarks means any and all logos, trademarks, service marks, and trade dress associated with Bubblegoose Ballers, bubblegooseballers.xyz, us, or any other names of Bubblegoose Ballers-related characters or products or service developed by us, including the “Bubblegoose Ballers” name and the phrases “Dream With Wings”, “GOONs” and “Baller For(4) Life”.
By exception, when using the art for non-commercial and commercial purposes, the owner shall have the right to reference the creator by using the denomination “Bubblegoose Ballers” or other denomination(s) that the creator may direct from time to time, unless informed otherwise by the creator. The Owner shall take care that such use shall not, in any way whatsoever, damage or adversely impact the creator’s reputation, the Bubblegoose Ballers brand or community.
The creator shall have the right but not the obligation, at its sole discretion, to promote, including through social media, any public use of the art by the owner, unless the owner informs the creator otherwise. The owner shall not use the art in a way that would or could present the creator as endorsing, recommending or favoring, in any way whatsoever, the owner and/or its use of the art, without the consent and permission of the creator.
4.3 RESERVATION OF RIGHTS
All rights in and to the Art and any other intellectual property of Creator not expressly licensed herein are hereby reserved by Creator. All goodwill arising from any use of the Bubblegoose Ballers Trademark will insure solely to Creator and its affiliates. You may not remove, delete or obscure any trademark notice, copyright notice or other intellectual property notice in any Bubblegoose Ballers Digital Collectible or Art.
4.4 BLOCKCHAIN FORKS.
Due to the open-source nature of public blockchains, it is possible that there may be a fork, merge, or duplication of the underlying blockchain that has recorded ownership of your Bubblegoose Ballers Digital Collectible. If such event occurs and results in duplicate Bubblegoose Ballers Digital Collectibles, any rights granted under these Terms to owners of any Bubblegoose Ballers Digital Collectible will only be granted to the lawful owners of the Bubblegoose Ballers Digital Collectible whose ownership is recorded on the blockchain that is generally recognized as the legitimate version or successor of such blockchain (as determined in our sole discretion).
5. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION
The value of Bubblegoose Ballers Digital Collectibles is subjective, has no inherent value and therefore can be volatile. You agree to assume all risk associated with the use and value of the Bubblegoose Ballers Digital Collectible and Art. Except as expressly set forth herein, to the maximum extent permitted under applicable law, Creator, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (Creator Entities) disclaim all warranties and conditions, whether express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement in the Bubblegoose Ballers Digital Collectibles and Art. The Creator entities make no warranty or representation and disclaim all responsibility and liability for:
- The completeness, accuracy, availability, timeliness, originality, security or reliability of Bubblegoose Ballers Digital Collectibles and Art;
- The operation or compatibility with any other application or any particular system, device, blockchain, digital wallet, hardware or marketplace;
- Whether the Bubblegoose Ballers Digital Collectibles and Art will meet your requirements or be available on an uninterrupted, secure or error-free basis; and
- The deletion of, or the failure to store or transmit the Bubblegoose Ballers Digital Collectibles and Art.
The Bubblegoose Ballers Digital Collectibles are intended for consumer enjoyment, use and consumption only.
5.2 LIMITATIONS OF LIABILITY
To the extent not prohibited by law, you agree that in no event will the Creator Entities be liable (a) for any indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits, business interruption or any other damages or losses, arising out of or related to your use or inability to use the Bubblegoose Ballers Digital Collectibles ), however caused and under any theory of liability, whether under these terms or otherwise arising in any way in connection with the Bubblegoose Ballers Digital Collectible or Art or these terms and whether in contract, strict liability or tort (including negligence or otherwise) even if the creator entities have been advised of the possibility of such damage, or (b) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with these terms or the delivery, use or performance of the Bubblegoose Ballers Digital Collectibles or Art.
The maximum aggregate liability of the Creator Entities for all damages and causes of action arising under these terms or the Bubblegoose Ballers Digital Collectibles or Art, whether in contract, tort (including negligence) or otherwise, shall be the lesser of (i) $1,000 or (ii) the amount you paid for your Bubblegoose Ballers Digital Collectible. Some jurisdictions (such as the state of New Jersey) do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
By entering into these Terms and accessing or using the Bubblegoose Ballers Digital Collectibles or Art, you agree that you shall defend, indemnify and hold the Creator Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Creator Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the Bubblegoose Ballers Digital Collectible or Art; (iv) any Digital Collectible Art Derivatives you create, or (v) any fraud, negligence or willful misconduct committed by you.
6. ADDITIONAL PROVISIONS
6.1 ADDITIONAL FEATURES
Creators may choose to make additional features, access, content, items or other benefits available to owners of Bubblegoose Ballers Digital Collectibles (Additional Features). Creator has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring a Bubblegoose Ballers Digital Collectible. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.
6.2 UPDATING THESE TERMS
We may modify these Terms from time to time. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by placing a prominent notice on the first page of our website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. Your continued access or use of the Bubblegoose Ballers Digital Collectibles or Art after these Terms have been updated will be deemed your acceptance of the modified Terms.
6.3 TERMINATION OF LICENSE
If you materially breach any of the provisions of these Terms and/or the Terms of Service on the bubblegooseballers.xyz website, all licenses granted to you under these Terms will terminate automatically. Upon the termination of your licenses, you shall cease all marketing, distribution, or sale of goods, services and media that feature the Art and shall cease all further use or display of the Art (including any Digital Collectible Art Derivatives), and all sublicenses you have granted in the Art shall automatically terminate. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Creator or you. Termination will not limit any of Creator’s other rights or remedies at law or in equity.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by us but may not be assigned by you without the prior express written consent of the Creator. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You represent and warrant that you have the legal capacity to agree to these Terms.
“Art” means any digital creation, art, design, and drawings created by its author, and first released to the public by the creator, that may be associated with an NFT that can be transferred or licensed to an owner (subject to the limitations set forth herein).
“NFT” means any blockchain-tracked, non-fungible token, issued and tradable on a blockchain.
“Creator” means the entity which released to the public the purchased NFT, and related art, on behalf of its author, and/or acquired those rights and interests
“Owner” means the current owner of the NFT. in case of transfer of ownership, including via resale, the recipient becomes the sole owner of the purchased NFT. There can be several different owners of each NFT throughout time but only one owner at a time. owner shall include the primary owner and all subsequent owners.
“Own” means, with respect to an NFT , an NFT that one has purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain, thus becoming the owner of the purchased NFT.
“Sale” means the sale by the owner of the purchased NFT, and rights to the art, to a subsequent buyer, which shall own the purchased NFT and rights to the art (to the extent the rights to the art were transferable upon sale) upon its effective purchase and thus become its new owner.