Welcome! These are our Terms & Conditions—a fun-filled document that describes the rules and details of our project. The Rubber Duck Bath Party is a community-driven non-fungible token collection of digital artwork and good times. When we say “Organization”, “we”, or “us” we’re referencing The Rubber Duck Bath Party project and associated organization Magitale. When we mention “Services”, “Website”, “platform” or “Site”, we mean our platform located https://duck.art and any product created by us.
We may update these Terms in the future. If we do, they will be posted on our Site for you to see and review. When you are using our Services, you are agreeing to the most recent Terms we have provided. Even if we don’t exercise or enforce a provision or right under these Terms, we are not waiving such provision or right.
If you do not agree with these Terms, please do not use or access our Services. Your continued use of our Services means you accept these Terms and Conditions. (You are agreeing to follow our rules if you use our platform.)
Our platform lets you use electronic wallets to mint and store NFTs. When you’re using those wallets you’re agreeing to their terms as well as ours
Our platform is a smart contract and blockchain based application that allows users to “mint”, purchase, and distribute NFTs via an electronic wallet. We may also incorporate physical products, services, or benefits in connection with such NFT transactions. The use of an electronic wallet enables users to mint, purchase, and store certain items through certain bridge extension technologies.
When using electronic wallets, you are agreeing to the terms and policies of those applicable third-party bridge extensions. For example, Metamask’s policies are available here: https://metamask.io/terms.html & https://metamask.io/privacy.html.
Our platform has a holder verification system so you can participate in future NFT events using your NFT. Remember, you’re the one responsible for keeping your wallet account protected and your private key safe.
Some aspects of our Services require you to have a Rubber Duck Bath Party NFT to participate in community events. You’re the one responsible for keeping your associated account and wallet private and confidential and we are not responsible for any losses arising from any unauthorized use of your account or wallet.
Promotions & referral programs help us grow our platform but will not have an impact on your relationship with us
We may offer promotions or referral programs to users periodically. Unless you’re participating in one of these campaigns, they will have no bearing or impact on your use of our platform or relationship with us.
We own the name and all associated intellectual property around Rubber Duck Bath Party NFT that isn’t expressly granted to you
Unless we explain otherwise, the platform and all the content, including the copy, organization graphics, illustrations, trademarks, artwork, logos, features, data, software, and designs are owned or licensed by or to us. Under some circumstances, some of our content may include third party software or components that involve different license terms. All rights that we do not specifically mention or grant to you are reserved by us. This includes, but is not limited to, the intellectual property rights associated with the images, logos, trademarks, smart contract code, image files, and all other items not granted by the licenses discussed.
We grant you certain rights when it comes to how you can use and display your NFT
When you connect your electronic wallet and mint or purchase an NFT on our platform, you now own a Rubber Duck Bath Party NFT! Congratulations! But what does that mean & what’s included?
Personal use. We grant a non-exclusive, royalty-free license to use, copy, display, and modify the NFT image you own. You can do whatever you want with your new NFT in a personal, non-commercial capacity such as displaying your NFT on other websites; using it as a profile picture on a third-party site such as Twitter; trading, selling, giving away, or buying the NFT through a marketplace; or using your NFT on a third-party site or application that involves your NFT. If using or displaying your NFT on a marketplace or third-party site, that site must cryptographically verify your ownership and right to use the NFT.
Commercial use. In the event that we introduce a commercial rights framework, such a framework will be licensed under the same terms and conditions found within this document. Any additional licenses or commercial rights frameworks shall constitute one combined agreement. We will confirm and provide notice of such additional licenses or commercial rights framework by updating this section of these Terms & Conditions.
Third party intellectual property. If there is any third-party intellectual property included in your NFT, you do not have the right to use such third-party intellectual property in any way except as it is incorporated in the full NFT image you have purchased, subject to these licenses and restrictions.
Reserved rights & prohibited uses. We reserve all rights in all the individually layered & unique images, traits, and characteristics that comprise the full Rubber Duck Bath Party NFTs and use of these layered traits and characteristics is expressly prohibited. You cannot use your NFT in any way that is fraudulent, unlawful, defamatory, libelous, obscene, profane, abusive, hateful, offensive, or otherwise unreasonable or in any way that infringes on any law or regulation or rights of others. You can’t use your NFTs in any way that is derogatory or adverse to the organization or the Rubber Duck Bath Party community. You cannot use any of the individually layered & unique image components, traits, or characteristics in any other projects, including counterfeit NFT projects that use identical or substantially similar components of the Rubber Duck Bath Party.
We respect copyright law because, well, it’s the law. If you see any violations, let us know
Any content posted to our platform must follow copyright law. We own the copyright to the names, look, vibes, and feel of our platform. You must request permission to use our logo or promotional materials.
If you believe that our Site, platform, Services or any Content is unlawful or infringing on any rights, including infringing copyright in a work, you can contact us so we can take steps to have it removed. We follow 17 U.S.C. § 512(c) when dealing with these requests and ask that you provide the following information when contacting us about a copyright infringement:
Please email any requests to our contact information at the end of these Terms.
These NFTs are not meant to be used as investments
Rubber Duck Bath Party NFTs are not meant to be an investment. They are meant to be used as Non-Fungible Tokens for you to collect and love! We make no guarantees or promises that Rubber Duck Bath Party NFTs will increase in value or be worth anything at all.
If you break too many rules, or if we have other good reason, we may delete or restrict your access to the platform
We may terminate your access, or right to access, our platform at any time and for any reason. We don’t even have to provide notice.
We know gas fees are a bummer—but you need to understand our policies on how these are handled while using our platform
Gas. Whenever you purchase or mint an NFT, you may have to pay a gas fee for such a transaction. Unless we say otherwise, you are solely responsible for the payment of any gas fee that is required during your NFT transaction.
Payments. All purchases are final and non-refundable.
Taxes. You’re responsible for the payment of any sales, use, or other taxes, duties, or assessments that relate to an NFT transaction. We claim no responsibility in determining whether taxes apply to any of your transactions, and we do not offer any warranty or representation that a transaction is tax-free or without tax consequences. In other words, you’re responsible for your own taxes!
We know good people sometimes do bad things, that’s why we’re laying out these ground rules so we’re on the same page
When using our platform, please don’t:
Our lawyers told us we had to include this. We’ll try and make it as painless as possible. Long story short, we’re not responsible for anything happening from your use or violation of the Terms or our platform or any third-party claims
We use third-party partners to help make our platform great, but their platforms are not our responsibility and we’re not taking responsibility for them
We get a little help from our friends to provide our platform. We use various third-party software and partners to help provide our Services to you. We do not have any control over these third-parties and are not responsible for the content, actions, or uses of these third-parties. We don’t endorse or assume responsibility for them and you use them at your own risk. These Terms are only meant to apply to our own platform and Services and do not encompass third-party services.
Basically, we brought this platform into the world and we can take it out
We always have the right to change up our platform or Services without notice and at any time. You agree that we are not liable to you for any discontinuation or change to our Service or platform. That being said, we’ll try not to be jerks about this and let you know if we’re planning on heading off into the sunset.
If you have any questions about our Terms and Conditions or need assistance, please contact us on Twitter.