Terms of Service

1. Key points (summary)

This summary is for convenience; the full Terms apply.

• Minting is free. You pay only Ethereum network ("gas") fees, which go to the network, not to us.
• We may later switch on a creator fee of up to 5% on secondary sales. It is paid to Dot Vision, and holders receive no share of it.
• Each NFT pairs AI-generated video with real-life audio recordings (not AI-generated) licensed from a third party. See clause 6.6.
• An NFT is a token on the Ethereum blockchain. Owning one gives you the licence in clause 6 — it does not transfer copyright in the artwork or audio.
• NFTs are digital collectibles, not investments. We make no promise about value, liquidity or future development.
• Blockchain transactions are irreversible. We cannot recover lost wallets, tokens or mistaken transfers.
• You must be 18 or older and not subject to sanctions.

2. Definitions

• "Art" means the audio-visual work associated with an NFT, as referenced by its metadata, consisting of the Video and the Audio.
• "Video" means the moving images of the Art, which were generated using artificial intelligence tools.
• "Audio" means the sound of the Art, which consists of real-life audio recordings (not AI-generated) licensed to Dot Vision by a third-party licensor.
• "NFT" means a OnlyFarts token minted from the Smart Contract.
• "Smart Contract" means the contract deployed on Ethereum mainnet
• "Wallet" means a self-custodial blockchain wallet (e.g. MetaMask) that you control.
• "Holder" means the person who controls the Wallet that currently holds an NFT.

3. Eligibility

By using the Services you confirm that:

1. you are at least 18 years old and have legal capacity to agree to these Terms;
2. you are not a person or entity named on, or owned or controlled by a person named on, any sanctions list maintained by the United Nations, the European Union, Malta, the United Kingdom or the United States (OFAC), and you are not located in, or ordinarily resident in, a country or territory subject to comprehensive sanctions;
3. your use of the Services is lawful in the country where you are located; and
4. you will not use the Services to launder money, finance terrorism, or evade sanctions.

We may block access from certain jurisdictions or Wallets to comply with law.

4. Wallets and blockchain

4.1 You need a Wallet to mint or hold an NFT. Wallets are provided by third parties; your use of them is governed by their terms. We never have access to your private keys or seed phrase and will never ask for them.

4.2 You are solely responsible for the security of your Wallet. Anyone who obtains your keys can transfer your NFTs.

4.3 Transactions on Ethereum are public, permanent and cannot be reversed by us. If you send an NFT to the wrong address, it is lost.

4.4 Ethereum and related infrastructure (RPC providers, wallets, marketplaces, storage networks) are not operated by us. We are not responsible for their failures, forks, congestion, fee changes or vulnerabilities.

5. Minting

5.1 Free mint. Minting is free of charge. We do not receive payment for minting. You are responsible for all gas fees, which are set by the network and are non-refundable, including for failed transactions.

5.2 Supply and limits. The total supply is 1000 NFTs. 10 (ten) NFTs are reserved for Dot Vision

5.3 No guarantee. Minting is first-come, first-served while supply lasts. We do not guarantee that you will be able to mint, and we may pause, change or end the mint at any time, for example due to technical issues, bots or abuse.

5.4 Secondary sales and creator fees. At launch, no creator fee is charged on secondary sales. Dot Vision may later enable a creator fee of up to 5% of the sale price, using the EIP-2981 royalty standard. The fee cannot be set above 5%. We will announce it on the Site and our official channels before it takes effect. Where a marketplace honours the fee, it is paid to Dot Vision. It is deducted by the marketplace according to its own rules; marketplaces decide whether to enforce creator fees. Creator fees are consideration for the continued use of the Art. They are not shared with Holders and create no rights or returns for Holders.

5.5 Bots and abuse. We may exclude Wallets that we reasonably believe use bots, scripts, Sybil wallets or exploits to mint.

5.6 Smart Contract powers. For transparency, the Smart Contract includes the following administrative functions controlled by Dot Vision: setting the creator fee (capped at 5%) and its recipient address; 0xB3120a789e9AEB2AE898579008008cf9f62d01CF

5.7 Storage. The Art and metadata are stored on CloudFlare/IPFS. Decentralised storage relies on third-party networks; we will take reasonable steps to keep the Art available but cannot guarantee permanent availability.

6. Ownership and licence of the Art

6.1 What you own. When you hold an NFT, you own the token itself and may sell, transfer or give it away. To the extent any copyright, related rights, database rights, trademarks or other intellectual property rights exist in the Art or the collection, they belong to Dot Vision. Holding an NFT does not transfer any of those rights except the licence below. The Video was created using artificial intelligence tools (see clause 6.6), and intellectual property protection for AI-generated content is limited and uncertain. We do not guarantee that the Video is protected by copyright, or that we can prevent others from copying or using it. The Audio is owned by a third-party licensor and used by Dot Vision under licence. All rights in the Audio remain with that licensor, and your rights in the Audio are limited to what clause 6 allows.

6.2 Personal licence. While you are the Holder, we grant you a worldwide, non-exclusive, non-transferable (except as in 6.4), royalty-free licence to: display and play it on marketplaces and platforms to list or sell your NFT; display and play it in virtual environments, galleries and social media profiles, provided you do not monetise that use; and share it online to show that you own the NFT, with credit to OnlyFarts / Dot Vision where practical.

6.3 Commercial use. OPTION A (default — no commercial use): Any commercial use requires our prior written permission. (limited commercial use): You may also use the Art associated with your NFT to create and sell merchandise and derivative products, provided gross revenue from all such use does not exceed €1000 per calendar year. No commercial use of the Audio is permitted in any form.

6.4 Licence follows the token. The licence passes automatically to the next Holder when you transfer the NFT, and ends for you when you no longer hold it.

6.5 Restrictions. Unless we agree in writing, you may not: (a) modify or remix the Art in a way that is hateful, defamatory, pornographic, or otherwise infringes others' rights; (b) register the Art or any part of it with any copyright-protection, content-ID or fingerprinting system (e.g. YouTube Content ID); (c) distribute the audio on streaming or download services (e.g. Spotify, Apple Music, Bandcamp) or register it with a collecting society, distributor or publisher; (d) use the Art to advertise or endorse any third-party product; (e) register trademarks using the Art or collection name; (f) use the Art in training datasets for AI models; (g) mint copies of the Art as other tokens; or (h) extract, isolate, separate, sample, remix, re-record or otherwise use the Audio apart from the Art, including in any sound library, music, video or other production.

6.6 How the Art was made — AI disclosure. (a) Video: AI-generated. The Video in every NFT of this collection was generated using artificial intelligence tools and selected, [edited] and curated by Dot Vision. It does not depict real people or real events. (b) Audio: real-life recordings, licensed. The Audio in every NFT consists of genuine recordings of real-world sound, licensed to Dot Vision. It was not generated using artificial intelligence, and has only had standard editing such as trimming, mixing and levelling]. (c) Resemblance and rights concerns. AI-generated content may unintentionally resemble existing works, and real-world recordings may unintentionally capture third-party material. We have taken reasonable steps to avoid both but cannot guarantee it. If you believe any Art infringes your rights or includes your personal data, contact info@dotvision.io with details and we will review it promptly. We may replace or update the Art or metadata of an affected NFT where reasonably necessary to resolve a genuine rights or privacy issue.

6.7 Our rights to use the Art. We may continue to use, reproduce and exploit the Art, including in other releases and promotions, subject (for the Audio) to the terms of our licence.

6.8 Feedback. If you send us suggestions, we may use them freely without obligation to you.

7. No investment, no promises

7.1 OnlyFarts is a free creative release, made for fun and for people who enjoy the Art. NFTs are digital collectibles intended for personal enjoyment. They are not securities, financial instruments, shares, or investment products, and do not give you any right to profits, revenues, dividends, voting, governance or any claim against Dot Vision.

7.2 We make no representation about the present or future value, price or liquidity of any NFT. Prices may fall to zero. Any roadmap, "utility", event access or future content we mention is a current intention only, may change or be cancelled, and is not part of what you receive by minting.

7.3 Nothing on the Site, our social channels or community spaces is financial, legal or tax advice.

8. Risks

You understand and accept the risks of using blockchain technology, including: price volatility; smart contract bugs or exploits; wallet compromise and phishing (we will only ever announce links through official channels); network congestion and gas spikes; changes in law or regulation affecting NFTs; loss of access to Art if storage networks fail; marketplaces delisting NFTs; and forks of the Ethereum network.

9. Taxes

You are responsible for determining and paying any taxes arising from minting, holding, selling or transferring NFTs.

10. Acceptable use

You must not: use the Services unlawfully or to infringe others' rights; attempt to exploit, hack, overload or interfere with the Site or Smart Contract (beyond interacting with it as intended); scrape the Site with automated tools except for normal blockchain indexing; impersonate Dot Vision or its team; or run phishing, scams or fake mints using our name or Art.

11. Third-party services

The Site may link to or integrate third-party services (wallets, marketplaces such as OpenSea, block explorers, Discord, X). We don't control them and are not responsible for them. Your use of them is at your own risk and subject to their terms.

12. Disclaimers

12.1 To the fullest extent permitted by law, the Services, the Smart Contract and the Art are provided "as is" and "as available", without warranties of any kind, whether express or implied, including fitness for a particular purpose, uninterrupted availability or absence of errors.

12.2 Consumers. If you are a consumer in the European Union or European Economic Area, you have mandatory statutory rights (including rights where digital content is not supplied or does not conform). Nothing in these Terms limits those rights.

13. Limitation of liability

13.1 To the fullest extent permitted by law, Dot Vision, its directors, employees and contractors will not be liable for: (a) loss of profits, revenue, business or opportunity; (b) loss in value of any NFT or crypto-asset; (c) losses caused by your Wallet, keys, third-party services or the Ethereum network; or (d) indirect or consequential losses.

13.2 Because the Services are provided free of charge, our total aggregate liability arising out of or in connection with the Services is limited to €100.

13.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct or gross negligence, or any liability under mandatory consumer law.

14. Indemnity

If you are not a consumer, you agree to compensate Dot Vision for losses and reasonable costs arising from your breach of these Terms or your infringement of any third party's rights.

15. Suspension and termination

We may restrict or end your access to the Site if you breach these Terms or where required by law. We cannot and will not take your NFT from your Wallet, but we may stop showing it on the Site. If you breach clause 6, your licence to the Art ends until the breach is remedied.

16. Changes

We may update these Terms, for example to reflect legal or technical changes. We will post the updated Terms on the Site with a new "Last updated" date and, for material changes, give reasonable notice via the Site or our official channels. Changes do not apply retroactively to disputes that arose before the change.

17. Governing law and disputes

17.1 These Terms are governed by the laws of Malta.

17.2 Please contact us first at info@dotvision.io; we will try to resolve any complaint within 30 days.

17.3 The courts of Malta have jurisdiction. If you are a consumer resident in the EU/EEA, you also benefit from any mandatory provisions of the law of your country of residence and may bring proceedings in the courts of your country of residence.

17.4 EU consumers may also contact the European Consumer Centre in their country for free help with cross-border disputes.

18. General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver. You may not transfer your rights under these Terms except as provided in clause 6.4; we may transfer ours to a successor or affiliate. These Terms, together with the Privacy Policy, form the entire agreement between you and us about the Services. If these Terms are translated, the English version prevails, except where local consumer law requires otherwise.

19. Contact

info@dotvision.io