AJC NFT Terms of Purchase

Terms of Purchase (effective as of November 16, 2021): All intellectual property and/or other content associated with the AJC NFTs in any way (including without limitation all copyrights and trademarks) remains the property of Cox Enterprises, Inc. d/b/a The Atlanta Journal-Constitution (the “AJC”) and/or other owners of such rights. The lawful purchaser of any NFT minted and/or offered by AJC is granted a limited, personal, non-exclusive, non-sublicensable, revocable license to display that NFT and/or its associated visual content (collectively, the “AJC NFT”) for non-commercial purposes, and to trade, resell, or otherwise transfer ownership of the AJC NFT. All other rights of any kind—including without limitation the right to license, commercially exploit, reproduce, distribute, prepare derivative or modified works, publicly perform, or publicly display the AJC NFT and/or any of the content therein—are expressly reserved and not granted. To be clear, purchasing an AJC NFT does not give you ownership of any content therein or any associated intellectual property rights other than those expressly licensed above.

Neither AJC nor any affiliated persons or entities shall be responsible for any damage or loss of any kind incurred in connection with the purchase, sale, or display of any AJC NFT. AJC has no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions related to AJC NFTs that are made to or via OpenSea or any other third party. Any and all disputes against AJC or any affiliated persons or entities arising in connection with the AJC NFTs in any way shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia as they are applied to agreements entered into and to be performed entirely within Georgia and without regard to conflict of law principles.

For the sake of clarity, without limiting the foregoing and subject to applicable law, the owner of an AJC NFT may not (i) commercialize the AJC NFT, including in connection with the marketing, advertising, or selling of any third party product; (ii) modify the AJC NFT in any way or combine the AJC NFT with, or embed the AJC NFT into, any digital or other content or media; (iii) use the AJC NFT in any manner which infringes upon the intellectual property rights of any person or entity; or (iv) use the AJC NFT in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of AJC or any of its affiliates or subsidiaries, or any individual or entity whose name, image, likeness, trademarks, or copyrighted material appears in connection with or is represented by the AJC NFT.

The purchaser of an AJC NFT will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on AJC’s net income) now or hereafter claimed or imposed by any governmental authority associated with the purchase, ownership, sale, transfer, or display of an AJC NFT.

The value of NFTs is subjective and may fluctuate over time. The purchase, sale, or other transfer of any AJC NFT is made, accepted, and/or facilitated by any party entirely at that party’s own risk.

LIMITATION ON LIABILITY. IN NO EVENT SHALL AJC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR PURCHASE, DISPLAY OR TRANSFER OF ANY AJC NFT AND/OR YOUR INABILITY TO DISPLAY OR TRANSFER ANY AJC NFT, EVEN IF AJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AJC BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR THE AJC NFT(S) THAT IS/ARE THE SUBJECT OF THE CLAIM AT ISSUE OR ONE HUNDRED UNITED STATES DOLLARS.

These Terms of Purchase shall apply to all lawful owners of any AJC NFT, regardless of how it was acquired, and shall remain in full force and effect at all times during and after such ownership.  AJC reserves the right to amend these Terms of Purchase at any time and entirely at its discretion, and any owner of an AJC NFT is subject to the Terms of Purchase in effect at the time such ownership begins.