📄Forj ULA
Forj User License Agreement for Spring Creators
This User License Agreement (“Agreement”) is made between HRCA Global Limited aka Forj Network (“Forj”), and you (“Creator,” “you”) regarding your use of Forj’s NFT Service (as defined below).
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY USING THE NFT SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE NFT SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE NFT SERVICE. YOUR USE OF THE NFT SERVICE, AND Forj’S PROVISION OF THE NFT SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SPRING AND BY YOU TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Forj Services: Forj is a blockchain platform and marketplace, for non-fungible tokens focusing on the creator economy. Forj has partnered with Teespring, Inc. (“Spring”) to enable Creators to create, mint and sell customized non-fungible tokens. The NFT Service is subject to the Forj Terms of Service and Privacy Policy, which are incorporated by this reference into, and made a part of, this Agreement. The terms of this Agreement will prevail in the case of any conflict with the Forj Terms of Service.
Primary Sales: All primary sales of NFTs under this Agreement will take place and originate from either Spring’s online platform or your Spring-provided custom storefront pursuant to your agreement with Spring. Spring is responsible for collecting all fees from initial purchases of the NFTs. You acknowledge and agree that any funds payable to you on the primary sale of your NFT shall be fully and exclusively administered by Spring, and you hereby forever release and discharge Forj from any and all liability or claims arising under said primary sale of your NFT, and any purchase transactions or funds transfers relating thereto.
Secondary Sales: You acknowledge and agree that following the primary sale of the NFT created by you on Spring (the “NFT”), Forj shall collect any and all fees from any resales of your NFT on the Forj Marketplace (or participating NFT marketplaces) as defined below. You also understand and agree that you will earn a percentage of the resale price every time your NFT is resold. The revenue splits between you and Forj for royalties generated from the resale of the NFT (the “Royalties”) on a secondary marketplace shall be 7% (out of 100% of the resale proceeds, the price of which is set by the seller) to you, and 3% (out of 100% of the resale proceeds) to Forj. Forj will provide to you a trusted cryptocurrency wallet, such as Venly, to receive and store your cryptocurrency Royalties, at no cost to you or the purchaser. All Royalties collected and received by Forj from marketplaces throughout the month are processed by the end of the following month. Royalties are then sent to you, in the crypto currency received from the exchange, within 30 days of receipt by Forj. Forj does not perform any currency conversions. You understand and agree that there is no guarantee that your NFTs will be purchased by any person in the primary or secondary markets, and that there is no guarantee that you will earn any Royalties hereunder. You further understand that Royalties are only collected from transactions at supported marketplaces and do not include peer-to-peer or private sales and marketplaces that do not recognize creator royalties on secondary sales.
License to your Digital Rights: For the purpose of implementing and fulfilling your listing and for the purpose of advertising the NFT in any medium that you or Spring chooses, you hereby grant Forj a nonexclusive, worldwide, fully paid-up, transferable, sublicensable license to copy, display, distribute, and modify the content you upload to the Forj NFT service (including all related images, text, content and information). The meta data of each NFT will show that Forj has minted the NFT to signify these rights. Forj does not claim any ownership rights in the NFT.
Representations and Warranties: By creating a NFT through the Forj NFT service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the NFT (“Digital Rights”), including any rights relating to the name, description, images, text or URL used for the NFT. You agree to provide Forj with evidence of your listing rights upon request. Forj hereby represents and warrants that it has the authority to enter into this Agreement and to grant the rights herein granted.
Indemnity: To the extent any NFT launched by you or launched via your Spring account violates or is alleged to violate Forj’s Terms of Service or if Forj receives any complaint or allegation that your NFT constitutes an unauthorized use of a third party’s rights, in addition to any other remedies, you agree to defend, indemnify and hold Forj harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of Forj’s Terms of Service or any intellectual property warranty that you provided hereunder.
Governing Law: This User License Agreement (ULA) and all claims relating to or arising out of this ULA, or the breach thereof, whether in contract, tort or otherwise, shall be governed by the federal laws of the United States and state laws of the State of California. IN WITNESS WHEREOF, you have caused this Agreement to be executed as of the Effective Date by your duly authorized representatives.
Company Name (if any):________________ Name:__________________________________
Title: ___________________________________
Signature:______________________________
Date: ___________________________________
Last updated
