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Terms and Conditions

Effective Date: August 26, 2024

These Terms and Conditions (“Terms”) govern your access to and use of the Kitsune Cabal website and the purchase and ownership of Kitsune Cabal NFTs. By accessing the website or purchasing a Kitsune Cabal NFT, you agree to be bound by these Terms.

1. NFT Purchase and Ownership

By purchasing a Kitsune Cabal NFT, hereinafter referred to as the “Digital Asset,” you are acquiring a non-fungible token (NFT) that represents ownership of a digital piece of art. It is imperative to understand that this purchase does not confer any rights beyond personal ownership of the Digital Asset, such as intellectual property rights, licensing rights, or any other commercial rights unless explicitly stated otherwise in a separate written agreement authorized by Kitsune Cabal. The Digital Asset is provided “as is” without any warranties of any kind, express or implied, and any benefits or utilities associated with the Digital Asset, hereinafter referred to as “Perks,” are strictly optional, non-obligatory, and subject to withdrawal, modification, or termination at any time at the sole discretion of Kitsune Cabal.

2. Eligibility for Perks and Associated Conditions

Access to Perks is strictly reserved for individuals who are verified members of our official Discord community and have successfully completed the verification process, the parameters of which are subject to change at any time without notice. The allocation and availability of Perks may require the holding of a specific quantity of NFTs, or may be contingent upon other criteria determined by Kitsune Cabal. It is understood that the availability of Perks is neither guaranteed nor promised, and that such Perks are ancillary to the primary acquisition of the Digital Asset, whose principal value is as a collectible item. Kitsune Cabal retains the sole authority to determine eligibility for Perks and may revoke or deny access to Perks at any time, for any reason, including but not limited to violations of these Terms and Conditions or Discord community guidelines.

Activation of Benefits and Perks: Please note that any benefits, utilities, or Perks associated with the Kitsune Cabal NFTs will only commence once the entire collection is sold out. Kitsune Cabal reserves the right to modify the timing, nature, and extent of these Perks at its sole discretion.

3. Restrictions on Usage Rights

The rights granted to you as the owner of a Kitsune Cabal NFT are strictly limited to personal, non-commercial use. This includes, but is not limited to, the use of the Digital Asset as a profile picture, banner, or other forms of display on personal social media accounts, as well as the creation and sharing of positive, non-commercial content related to the Digital Asset on various platforms. The following restrictions apply:

  • Prohibited Commercial Uses: You are expressly prohibited from using the Digital Asset or any associated names, logos, or intellectual property (including but not limited to “Kitsune Cabal”) for any commercial purposes, including but not limited to the production or sale of merchandise, the creation of derivative works, or the incorporation of the Digital Asset into other products or services without prior written consent from Kitsune Cabal.
  • Prohibited Derivative Works: You are not permitted to create, or authorize others to create, any derivative works based on the Digital Asset or any related intellectual property without the explicit written permission of Kitsune Cabal. This includes, but is not limited to, modifications, adaptations, or alterations of the original Digital Asset.
  • Prohibited Use of Names and Logos: The use of the name “Kitsune Cabal,” or any associated logos, branding, or trademarks, in connection with the Digital Asset, is strictly prohibited unless prior written permission has been obtained from Kitsune Cabal. Unauthorized use of these elements may result in legal action.

4. Resale, Trading, and Transferability

Resale and Trading Rights: You have the right to resell or trade your Kitsune Cabal NFTs on approved NFT marketplaces, but only after the entire collection has been sold out.

Soulbound Nature of NFTs: Kitsune Cabal NFTs are initially soulbound, meaning they cannot be traded, resold, or transferred in any way until the collection is sold out. The soulbound status of these NFTs will be automatically removed once the collection is fully sold out, enabling the transfer, trade, and resale of the NFTs on secondary marketplaces.

Kitsune Cabal NFTs on Polygon: Please note that Kitsune Cabal NFTs on the Polygon network will never be tradable or transferable. Only Kitsune Cabal NFTs on other networks will become tradable and transferable once the collection is sold out.

5. Behavioral Expectations and Community Guidelines

As a member of the Kitsune Cabal community, particularly within our Discord server, you are expected to adhere to the highest standards of conduct. Any actions deemed harmful, disruptive, or otherwise contrary to the community’s values, as determined by Kitsune Cabal in its sole discretion, may result in immediate expulsion from the community and revocation of access to any associated Perks. Specific behaviors that may lead to such consequences include, but are not limited to:

  • Misinformation: The deliberate or reckless spreading of false or misleading information about the Kitsune Cabal team, the community, associated projects such as Joskins, or any related entities.
  • Defamation and Harassment: Engaging in defamatory, harassing, or otherwise abusive behavior towards members of the community, the Kitsune Cabal team, or any other affiliated parties.
  • Non-Compliance with Community Guidelines: Failure to comply with the established rules and guidelines of the Kitsune Cabal Discord server or other community platforms. Kitsune Cabal reserves the right to take legal action against individuals who engage in activities that harm the reputation or operations of the community or affiliated projects.

6. Risk Disclosure and Assumption of Risk

It is critical to understand and acknowledge that the trading of NFTs, including those issued by Kitsune Cabal, involves substantial risk, including but not limited to the potential for significant financial loss. By participating in the purchase, sale, or transfer of a Kitsune Cabal NFT, whether through primary issuance or secondary markets, you expressly acknowledge that you have read, understood, and accepted the inherent risks associated with such transactions. Kitsune Cabal is not responsible for any losses or damages you may incur as a result of your participation in these markets. In the event of a hack, security breach, or other malicious activities affecting your Digital Assets, Kitsune Cabal declines all responsibility and shall not be held liable for any resulting losses or damages. You agree that by minting, purchasing, or otherwise acquiring a Kitsune Cabal NFT, you have accepted these Terms and Conditions in their entirety, and that such acceptance constitutes a binding agreement between you and Kitsune Cabal.

7. Ongoing Provision of Perks and Benefits

Kitsune Cabal, at its sole discretion, may offer additional benefits, utilities, or other Perks to NFT holders from time to time. These offerings are intended to enhance the experience of the NFT holders but are not to be construed as guaranteed rights or entitlements. The continuation of such offerings is contingent upon a variety of factors, including but not limited to market conditions, company performance, and other external variables. Kitsune Cabal makes no warranties or representations regarding the duration, availability, or nature of these benefits, and retains the right to modify, suspend, or terminate any such offerings at any time without prior notice.

8. Transferability and Change of Ownership

In the event that Kitsune Cabal, or any of its associated entities, is sold, transferred, or otherwise undergoes a change of ownership, all existing Terms and Conditions, including but not limited to those governing the use and transfer of NFTs, may be subject to revision or replacement by the new ownership. Any such changes will be communicated to the community, and continued participation in the Kitsune Cabal ecosystem will be considered acceptance of the new terms. It is the responsibility of the NFT holders to review and understand any new Terms and Conditions issued by the new ownership. Kitsune Cabal shall not be held liable for any changes in terms or conditions that may arise as a result of a change in ownership.