Ownership

We are currently working with a legal team to finalize our Terms and Conditions and details on Commercial rights and we’ll be sharing those as soon as they’re available.

If you wish to use your Average Creature for a project, derivative or other use, please contact us! We’d love to hear what you’re up to and see how we can collaborate on your ideas.

i. You Own the NFT. Each Average Creature is an NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying Creature, the Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Average Creature.

ii. Personal Use. Subject to your continued compliance with these Terms, Average Creatures grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Average Creature / NFT, provided that the marketplace verifies each Average Creature owner’s rights to display the Art for their Average Creature to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Average Creature, provided that the website/application cryptographically verifies each Average Creature owner’s rights to display the Art for their Average Creature to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Average Creature leaves the website/application.

iii. Commercial Use. Subject to your continued compliance with these Terms, Average Creatures grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Average Creatures generally, provided that the marketplace cryptographically verifies each Average Creature owner’s rights to display the Art for their Average Creature to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Average Creatures generally, provided that the third party website or application cryptographically verifies each Average Creature owner’s rights to display the Art for their Average Creatures to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Average Creature leaves the website/application; or (iii) earning revenue from any of the foregoing. See section iv. for exceptions to Commercial Use.

iv. Exceptions. The above Commercial Use are only applicable to Original Works (OW) created by Average Creatures. Any works which include Intellectual Property (IP) from other collections/entities are excluded from this update to terms & conditions. These works are still entirely and wholly owned by their respective creators and their respective IP rights remain intact. The traits whose IP are excluded from these terms & conditions are: Creature: Roger, Steve, Eleanor, Andrew, Iris, Scruff, Carl, Ren Minion, Masku. Environment: Ashiras Art. Future collaborations as well as additional derivatives of the above IP released by Average Creatures are subject to the same exception.