Terms of Purchase

1. Definitions.

“Licensor” DeaPlaneta S.L.U., with address at Avenida Diagonal 662-664 – 08034 Barcelona, NIF B62395918 and together with Pathé Films the owner of the intellectual property rights of the Digital Collectibles.

“AVAX” is the cryptocurrency Avalanche, the native token of the Avalanche blockchain.

“Digital Collectible” means a limited-edition of digital items of The Three Musketeers offered on the Platform with blockchain tracking, such as those compliant with the ERC-721 and ERC-1155 standard or on a successor standard to the Ethereum Blockchain, but which may also be based on others equivalent technological standards. At the same time, it is not structured as a security within the meaning of the EU Markets in Financial Instruments Directive nor is it used for investment purposes.

“Wallet” means a virtual wallet required to purchase a Digital Collectible to demonstrate the ownership allowing to assign a token to another wallet. A Wallet can be linked from the user’s profile, either by adding the public key (wallet address), connecting to MetaMask or creating one from scratch with the application provided on the Platform.

“Platform” means the website The Three Musketeers and other applications that may be designed, in which, once registered, you can buy Digital Collectibles of The Three Musketeers.

“Third Party Intellectual Property” means any copyright owned by a third party (including, but not limited to, patent applications and disclosures), copyright, trade secret, trademark, know-how, or any other intellectual property right recognized in any country or jurisdiction of the world, as well as image rights.

2. Property.
You acknowledge and accept that Licensor owns all the intellectual property rights of the Digital Collectible, including economic rights, moral rights, titles, and interests. Owning a Digital Collectible is like owning a piece of physical art. You own a cryptographic token representing as a piece of property, but you do not own the creative work itself. Collectors may show off their ownership of Digital Collectibles s by displaying and sharing it, but collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Collectible, excepting the limited license granted by these Terms of Purchase. Licensor reserves all exclusive copyrights to Digital Collectible including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, and to distribute the Digital Collectible that are not expressly granted to user in these Terms of Purchase.

3. License.
By purchasing a Digital Collectible, you acknowledge that you are acquiring a license to the Digital Collectible solely for personal use and subject to the compliance with the terms of these Terms of Purchase. Licensor grants you a worldwide, non-exclusive, royalty-free (excluding sales fee) license to view, download and display the Digital Collectible, solely for the following purposes: (i) for your own personal use ; (ii) for display and offer on the Opensea.io or in this Platform, allowing to sell, auction or gift the purchased Digital Collectible, provided that the license its being cryptographically verified; or (iii) for its exhibition and sale on third-party platforms such as Opensea.io, provided that you will assume prior payment of the costs (Gas fees) for the export of your Digital Collectible to said platforms.
You acknowledge that the commercial use is not allowed, beyond that for the sale, auction, or gift of the Digital Collectible through the Platform or through Opensea.io.

4. Restrictions.
You agree that you may not do or permit any third party to do or attempt to do any of the following without the express prior written consent of Licensor in each case: (i) modify your Digital Collectible in any way, including, without limitation , shapes, designs, patterns, attributes, or color schemes; (ii) use your Digital Collectible to advertise, market or sell any product or service of your own or of third parties; (iii) use your Digital Collectible in connection with images, videos or other media that depict hate, bigotry, violence, cruelty or anything else that could reasonably constitute hate speech or infringe the rights of third parties; (iv) use your Digital Collectible in film, video or any other media, except to the extent such use is expressly permitted in Section 3 above or is solely for your personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise trade merchandise with your Digital Collectible , except as expressly permitted in Section 3 above; or (vi) attempt to register trademarks, copyrights, or otherwise acquire intellectual property rights in your Digital Collectible. To the extent your Digital Collectible contains Third Party Intellectual Property (for example, Intellectual Property licensed from a celebrity, athlete, or other public figure), you understand and agree that: that you will not have the right to use such Third Party Intellectual Property rights in any way, except as incorporated into the Digital Collectible, and subject to the license and restrictions contained herein.

5. License Terms.
The license granted in Section 3 above applies only to the extent that you continue to own the applicable Digital Collectible. If at any time, you sell, trade, donate, gift, transfer, or otherwise dispose your Digital Collectible for any reason, the license granted in Section 3 will automatically transfer, with respect to that Digital Collectible, to the new owner and you will cease to have any rights in the Digital Collectible. You agree and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Ethereum blockchain network.

By transacting on the Platform and by using the Smart Contracts, you hereby acknowledge, consents to, and accepts all automated fees, commissions, and royalties for the sale of the Digital Collectible on the Platform. You hereby consent to and agree to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties.
Licensor collects a royalty of 20% based on the sales price for every sale of a Digital Collectible in the secondary market.

You accept and know that if you want to export your Digital Collectible to another third-party platform outside the Platform, Opensea.io, you must pay the export amounts (GASS fees) for which Licensor is not responsible.

6. Jurisdiction and Applicable Law.
For everything related to the interpretation, compliance, and execution of this Terms of Purchase will be governed by the Spanish law and any dispute will be submitted to the Courts and Tribunals of the user’s domicile.