THE BONEYARD
Precision-Guided NFTs — Flight Plan
Welcome to The Boneyard. Some like cats. We like fighter jets.
The Boneyard is a 3-phase NFT art project based on Cold War military aircraft. The Boneyard sorties from the Flow blockchain from Dapper Labs.
This Flight Plan provides details about all elements of our project.
In Phase 1 — Aircraft, we build 2 Air Forces of Cold War aircraft NFTs: 300 aircraft NFTs in a Pure Jet Air Force and 300 aircraft NFTs in a Hybrid Jet Air Force.
Then, in Phase 2 — Pilots, we introduce military patch pilot avatar NFTs, one for each of our 600 pilots.
Finally, in Phase 3 — The Boneyard Chronicles, our aircraft and pilots take to the skies in graphic moments of action with new, limited edition action NFTs.
The Boneyard Marketplace at https://Boneyard.cloud is where the full set of Boneyard aircraft and pilot avatar NFTs is available for viewing now, and where purchases and transfers will be available in April 2024.
The Boneyard is a project of IconoGraphika Inc. in collaboration with BiteSite Inc. and Blockhound Inc., all located in Ottawa, Canada.
1. The Boneyard: Phase 1 — Aircraft
1.1. Aircraft Types
The Boneyard is home to 2 Air Forces of Cold War aircraft NFTs: 300 aircraft NFTs in a Pure Jet Air Force and 300 aircraft NFTs in a Hybrid Jet Air Force.
A Pure Jet flies in a single-colour sky.
A Hybrid Jet flies in its own unique tri-colour sky.
From many Cold War contenders, we’ve selected 5 classic aircraft types:
- CF-100 Canuck, an all-weather interceptor of the Royal Canadian Air Force;
- F-102 Delta Dagger, a United States Air Force all-weather interceptor;
- F-104 Starfighter, a German Luftwaffe supersonic interceptor;
- MiG-21, a Ukrainian Air Force supersonic interceptor;
- Vulcan VX770, a nuclear strike bomber of the United Kingdom Royal Air Force.
1.2. Air Forces
Each aircraft type flies in its own Pure Jet Wing and also in a parallel Hybrid Jet Wing. Each Wing consists of 5 Squadrons of 12 aircraft with each Squadron identified by its own distinctive sky colour.
For example, in the Pure Jet F-102 Delta Dagger Wing, we have Blue, Green, Orange, Red and Yellow Squadrons.
Here are all 12 aircraft in the Pure Jet F-102 Delta Dagger Red Squadron:
The 12 aircraft in the Pure Jet F-102 Delta Dagger Red Squadron are identified as Red–1 through Red-12 along the image bottom.
So, in the Pure Jet Air Force, we have 5 Wings x 5 Squadrons x 12 aircraft = 300 Pure Jet aircraft.
In the Hybrid Jet Air Force, we have the same organization of 5 aircraft Wings, each with 5 Squadrons of 12 aircraft. However, with a Hybrid Jet aircraft, the sky is split into 3 different colour segments. The upper segment colour establishes the Squadron colour and aircraft identifier.
So, in the Hybrid Jet F-102 Delta Dagger Wing, we have Blue, Green, Orange, Red and Yellow Squadrons.
Here are all 12 aircraft in the Hybrid Jet F-102 Delta Dagger Red Squadron:
The 12 aircraft in the Hybrid Jet F-102 Delta Dagger Red Squadron are identified as Red–1 through Red-12 along the image bottom.
1.3. Command Markings and Aircraft Markings
Command markings and aircraft markings are added to individual aircraft images by an experienced graphic designer under the direction of artist David O’Malley to create rarity across the 600-NFT set.
1.4 Aircraft NFTs
All 600 aircraft NFTs have been minted on the Flow blockchain and will be offered on The Boneyard Marketplace at US$350 each, in a single drop, with no NFTs reserved for the project team or held back.
We completed Phase 1 — Aircraft minting in October 2023, and are targeting Boneyard Marketplace availability in April 2024.
2. The Boneyard: Phase 2 — Pilots
Each aircraft pilot is represented by a military patch pilot avatar NFT.
There is a distinct pilot avatar design for each of the 5 aircraft types.
Each pilot avatar NFT matches the Air Force/Wing/Squadron/Aircraft identity of one of the 600 aircraft NFTs.
Purchase the Aircraft NFT and Receive the Pilot Avatar NFT for Free!
All 600 pilot avatar NFTs will be minted on the Flow blockchain. We are targeting completion of the Phase 2 — Pilots minting in April 2024. Each owner of an aircraft NFT will subsequently receive the corresponding pilot avatar NFT in a free drop which we are targeting in June 2024.
3. The Boneyard: Phase 3 — The Boneyard Chronicles
The Boneyard aircraft and pilot avatar NFTs have been fully developed and can be viewed at https://Boneyard.cloud.
In Phase 3 — The Boneyard Chronicles, our aircraft and pilots will take to the skies in graphic moments of action with new, limited edition action NFTs available for purchase.
The Boneyard is an art project. We are eager to explore new forms of expression, new tools, and to implement Phase 3 — The Boneyard Chronicles in a manner that is artistically exciting and entertaining.
4. The Boneyard: Aircraft NFT Minting Specifications
The following sub-sections present the aircraft NFT minting details with respect to “NFT Rarity”, “NFT Media” technical characteristics, “NFT Metadata” fields, and “NFT Smart Contract” capabilities.
4.1. Aircraft NFT Rarity
There is an inherent rarity across the 600 aircraft NFTs that varies with aircraft type and sky colour. There are 5 aircraft types with 60 NFTs of each type in the Pure Jet Air Force and another 60 NFTs of the same type in the Hybrid Jet Air Force.
In the Pure Jet Air Force there are 25 Squadrons of 12 aircraft per Squadron and all Pure Jet Squadron aircraft fly in the single-colour sky that identifies their Squadron.
However, in the Hybrid Air Force, each aircraft flies in its own unique tri-colour sky which is different from that of any other aircraft in the Hybrid Jet Air Force.
We leave the assessment of the rarity associated with aircraft type and sky colour to the community.
In addition to any rarity associated with aircraft type and sky colour though, there are command markings and aircraft markings applied to individual aircraft. Every aircraft has at least 1 such marking.
There is no single and settled model for the determination of the rarity of individual NFTs within a set, however, the following method is popular and we have used it to calculate a Rarity Score for each aircraft NFT based on the command flag and other aircraft markings:
- Calculate the Rarity Factor of each marking by dividing the number of aircraft carrying the marking by the total number of aircraft (600);
- Calculate the Rarity Score of the marking by dividing 1 by the Rarity Factor;
- Calculate the Rarity Score of an aircraft NFT by adding the Rarity Scores of all markings on the aircraft.
The following table presents the Rarity Factor and Rarity Score of the Command Markings.
The following table presents the Rarity Factor and Rarity Score of the Aircraft Markings.
The following table summarizes the distribution of rarity across the complete set of 600 aircraft NFTs in 5 classes of rarity from “Common” to “Rare”.
4.2. Aircraft NFT Media
Each aircraft NFT Media is a PNG file providing ultra high definition resolution (“UHD” or “4K”) for sharp image display on a 55" screen. The 600 aircraft NFT Media files have been individually created by an experienced graphic designer under the direction of artist David O’Malley. The set is not auto-generated by a software program.
4.3. Aircraft NFT Metadata
The aircraft NFT Metadata is comprehensive and The Boneyard Aircraft Metadata Format is attached to this Flight Plan as Attachment A.
Included in the metadata are the following properties of the aircraft NFT: “Air Force”, “Wing”, “Squadron”, “Aircraft Number”, “Roundel”, “Command Marking” and “Aircraft Marking”, all to facilitate aircraft NFT classification and retrieval.
The aircraft NFT Legal terms and conditions are included in the aircraft NFT Metadata to ensure they accompany the NFT with the initial purchase and any and all subsequent transfers. The terms and conditions are presented both in summary form for quick access, as well as in detail, and address important copyright, licence and other rights and obligations.
4.4. Aircraft NFT Smart Contract
The aircraft NFT Smart Contract is written in the Cadence programming language from Dapper Labs and adheres to the Flow non-fungible token standard.
5. The Boneyard: Pilot Avatar NFT Minting Specifications
The following sub-sections present the pilot avatar NFT minting details with respect to “NFT Rarity”, “NFT Media” technical characteristics, “NFT Metadata” fields, and “NFT Smart Contract” capabilities.
5.1. Pilot Avatar NFT Rarity
Each pilot avatar NFT is paired with an aircraft NFT and reflects the Air Force/Wing/Squadron/Aircraft identity of that aircraft.
Although the pilot avatar NFT reflects the inherent rarity that varies with aircraft type and sky colour, the pilot avatar NFT does not carry the Command or Aircraft markings of the paired aircraft NFT, or any other unique markings.
Nevertheless, we believe the rarity assessment of a pilot avatar NFT will correlate closely with that of the paired aircraft NFT.
5.2. Pilot Avatar NFT Media
Each pilot avatar NFT Media is a PNG file providing ultra high definition resolution (“UHD” or “4K”) for sharp image display on a 55" screen. The 600 pilot avatar NFT Media files have been individually created by an experienced graphic designer under the direction of artist David O’Malley. The set is not auto-generated by a software program.
5.3. Pilot Avatar NFT Metadata
The pilot avatar NFT Metadata is comprehensive and The Boneyard Pilot Avatar Metadata Format is attached to this Flight Plan as Attachment B.
Included in the metadata are the following properties of the pilot avatar NFT: “Air Force”, “Wing”, “Squadron” and “Aircraft Number”.
Also included are the following properties of the aircraft NFT with which the pilot avatar NFT is paired: “Roundel”, “Command Marking” and “Aircraft Marking”.
Although “Roundel”, “Command Marking” and “Aircraft Marking” are not included in the pilot avatar images, they are included in the pilot avatar NFT Metadata to facilitate pilot avatar NFT classification and retrieval, as we believe the rarity assessment of a given pilot avatar NFT will correlate closely with the aircraft NFT with which it is paired.
The pilot avatar NFT Legal terms and conditions are included in the pilot avatar NFT Metadata to ensure they accompany the NFT with any and all secondary sales. The terms and conditions are presented both in summary form for quick access, as well as in detail, and address important copyright, licence and other rights and obligations.
5.4. Pilot Avatar NFT Smart Contract
The pilot avatar NFT Smart Contract is written in the Cadence programming language from Dapper Labs and adheres to the Flow non-fungible token standard.
6. The Boneyard: Marketplace
The Boneyard Marketplace at https://Boneyard.cloud is where the full set of Boneyard aircraft and pilot avatar NFTs is available for viewing now. In April 2024, we will introduce functionality to support wallet connection and NFT purchase and transfer.
6.1. Drops
Phase 1 — Aircraft
All 600 aircraft NFTs have been minted on the Flow blockchain and will be offered on The Boneyard Marketplace at US$350 each, in a single drop, with no NFTs reserved for the project team or held back.
We completed Phase 1 — Aircraft minting in October 2023.
Phase 2 — Pilots
All 600 pilot avatar NFTs will be minted on the Flow blockchain and we are targeting completion of the Phase 2 — Pilots minting in April 2024. Each pilot avatar NFT will be conveyed to the owner of the matching aircraft NFT in a free drop which we are targeting in June 2024.
Phase 3 — The Boneyard Chronicles
Each issue of The Boneyard Chronicles will present a graphic moment of our aircraft and pilots in action with new, limited edition action NFTs available for purchase. We are targeting the first Chronicles issue in June 2024 with subsequent issues monthly thereafter. As with aircraft and pilot avatar NFTs, action NFTs will be minted on the Flow blockchain.
6.2. Secondary Market Royalty
The Boneyard will collect a 10% royalty from all resales of aircraft, pilot avatar and action NFTs.
6.3. Purchase of Aircraft Physical Prints
Physical prints of 50 selected aircraft images are available (from the full set of 600 aircraft). The prints are printed in Ottawa, Canada on fine art, acid-free, 100% cotton-fibre paper using archival quality inks and shipped world-wide via Canada Post.
Physical prints of one aircraft from each of the 25 Pure Jet Squadrons and 25 Hybrid Jet Squadrons are available in 4 sizes:
- Icon (7” x 10.8”, 178 mm x 275 mm) — US$85;
- Small (11” x 17”, 279mm x 432mm) — US$115;
- Medium (16.5” x 25.5”, 419 mm x 649 mm) — US$145;
- Large (19.25” x 29.75”, 489 mm x 756 mm) — US$175.
Small, Medium and Large prints are offered in limited editions of 25 prints in each Squadron colour and size variation and are numbered and signed by the artist.
Icon prints are not signed by the artist and are not numbered.
Physical prints can be ordered now at https://IconoGraphika.com and are found in The Boneyard Collection.
7. The Boneyard: Project
7.1. Team
The Boneyard is an NFT art project of IconoGraphika Inc. and has been in development since June 2021 by a team based in Ottawa, Canada. The team leaders are:
- David O’Malley, Creative Director at both IconoGraphika Inc. (https://IconoGraphika.com) and Aerographics Creative Services (https://Aerographics.ca). O’Malley is the artist and creative force behind The Boneyard and one of Canada’s foremost researchers and chroniclers of aviation history (https://vintagewings.ca). O’Malley designed and scripted the exhibit rooms of both the Van Gogh and Banksy exhibitions in Ottawa in 2022.
- Casey Li, CEO, BiteSite Inc (https://BiteSite.ca). Li is a film maker and software developer and leads the design and implementation of The Boneyard’s software and technology infrastructure.
- Kevin Higgins, CEO, Blockhound Inc. (https://Blockhound.xyz) and President, IconoGraphika Inc. (https://IconoGraphika.com). Higgins is a builder of software companies and has developed The Boneyard project concept and managed the project from the start.
7.2. Launch Schedule
Our current rollout schedule saw the completion of Phase 1 — Aircraft in October 2023 with Phase 2 — Pilots expected in April 2024. We are targeting the first issue of Phase 3 — The Boneyard Chronicles in June 2024 with subsequent issues monthly thereafter.
7. 3. Contacts
You can reach The Boneyard team by email at:
- General inquiries about the project or artworks — Mandrake@Boneyard.cloud;
- Marketplace support — Kissov@Boneyard.cloud;
- Legal inquiries — Turgidson@Boneyard.cloud.
The Boneyard Marketplace at https://Boneyard.cloud is where the full set of Boneyard aircraft and pilot avatar NFTs is available for viewing now, and where aircraft purchases and transfers will be available in April 2024.
8. The Boneyard: Technology
For project launch, we have made certain technology choices for Boneyard NFTs.
The Boneyard is built on the Flow blockchain from Dapper Labs. We selected Flow as the best blockchain infrastructure for NFT projects designed for the non-technical collector.
The Blocto wallet from portto Co. is the default wallet choice for Flow and provides easy wallet creation and use.
The Interplanetary File System or IPFS is our choice for the secure, decentralized storage of The Boneyard NFT Media files. Metadata files are stored on the Flow blockchain.
As the Web3 world develops, we look forward to the future portability of Boneyard NFTs to other marketplaces, blockchains, wallets and storage systems.
9. The Boneyard: Legal
Important copyright, license and other legal rights and obligations are set out in the IconoGraphika NFT License Agreement which is included in the aircraft and pilot avatar NFT Metadata to ensure legal terms and conditions accompany the NFT with any and all secondary sales. The terms and conditions are presented both in summary form for quick access, as well as in full form.
In brief, the lawful owner of an IconoGraphika aircraft, pilot avatar or action NFT owns all personal property rights to the NFT and can freely sell, transfer, or otherwise dispose of the NFT. The lawful owner is granted a nonexclusive license under IconoGraphika’s copyright to display the NFT Media image for personal non-commercial use as a profile picture, or on personal use items such as a coffee mug, sweatshirt or hat, or on personal use conveyances such as a vehicle, vessel or aircraft. All intellectual property rights in and to the NFT Media image and any other intellectual property rights of IconoGraphika not expressly licensed to the lawful owner are reserved by IconoGraphika.
The full text of the IconoGraphika NFT License Agreement is attached to this Flight Plan as Attachment C.
ATTACHMENT A
THE BONEYARD AIRCRAFT METADATA FORMAT
- NFT Name — AIRCRAFT | HYBRID JET | CF-100 CANUCK | BLUE-1
- NFT Collection Name — BONEYARD COLLECTION
- NFT Collection Description — The Boneyard Collection is an NFT art project based on Cold War military aircraft.
- NFT Short Description
- NFT Edition Size — 1
- NFT Edition Number — 1
- NFT Royalty Rate — 10%
- NFT Royalty Account — IconoGraphika
- NFT Royalty Description — To Copyright Holder
- NFT Creator — David Hugh O’Malley
- NFT Creation Date
- NFT Creation Location — Ottawa, Ontario, Canada
- NFT Copyright Holder — IconoGraphika Inc
- NFT Minter — Blockhound Inc
- NFT Media Format — PNG
- NFT Media Size — MB
- NFT Collection Square Image (IPFS)
- NFT Collection Banner Image (IPFS)
- NFT Media File (IPFS)
- NFT Properties
- Property #1 — “NFT Category” — (3)
- Property #2 — “Air Force” — (2)
- Property #3 — “Wing” — (10)
- Property #4 — ”Squadron” — (50)
- Property #5 — “Aircraft Number” — (12)
- Property #6 — “Roundel” — (5)
- Property #7 — “Command Marking” — (4)
- Property #8 — “Aircraft Marking #1” — (5)
- Property #9 — “Aircraft Marking #2” — (5) - NFT Rarity Score
- NFT Rarity Description
- NFT Rights and Obligations Texts
- Summary Text
- Full Text (IPFS)
ATTACHMENT B
THE BONEYARD PILOT AVATAR METADATA FORMAT
- NFT Name — PILOT | HYBRID JET | CF-100 CANUCK | BLUE-1
- NFT Collection Name — BONEYARD COLLECTION
- NFT Collection Description — The Boneyard Collection is an NFT art project based on Cold War military aircraft.
- NFT Short Description
- NFT Edition Size — 1
- NFT Edition Number — 1
- NFT Royalty Rate — 10%
- NFT Royalty Account — IconoGraphika
- NFT Royalty Description — To Copyright Holder
- NFT Creator — David Hugh O’Malley
- NFT Creation Date
- NFT Creation Location — Ottawa, Ontario, Canada
- NFT Copyright Holder — IconoGraphika Inc
- NFT Minter — Blockhound Inc
- NFT Media Format — PNG
- NFT Media Size — MB
- NFT Collection Square Image (IPFS)
- NFT Collection Banner Image (IPFS)
- NFT Media File (IPFS)
- NFT Properties
- Property #1 — “NFT Category” (3)
- Property #2 — “Air Force” — (2)
- Property #3 — “Wing” — (10)
- Property #4 — ”Squadron” — (50)
- Property #5 — “Aircraft Number” — (12)
- Property #6— “Paired Aircraft Roundel” — (5)
- Property #7— “Paired Aircraft Command Marking” — (4)
- Property #8 — “Paired Aircraft Marking #1” — (5)
- Property #9 — “Paired Aircraft Marking #2” — (5) - NFT Rarity Score
- NFT Rarity Description
- NFT Rights and Obligations Texts
- Summary Text
- Full Text (IPFS)
ATTACHMENT C
ICONOGRAPHIKA NFT LICENSE AGREEMENT
The following license has been adapted by IconoGraphika Inc., a corporation incorporated under the laws of Canada (“IconoGraphika”), from a template provided by AH Capital Management, L.L.C. (“a16z Crypto”). The template was created through a partnership of a16z Crypto, Latham & Watkins LLP and DLA Piper LLP (US). The full title of the template is The Sample “Can’t Be Evil” NFT License, Exhibit 5 — Personal License With Hate Speech Termination (“CBE-PR-HS”). The text of the template as at August 29, 2022, and prior to adaptation by IconoGraphika, can be viewed at:
https://arweave.net/_D9kN1WrNWbCq55BSAGRbTB4bS3v8QAPTYmBThSbX3A/5
By acquiring lawful ownership to a non-fungible token (“NFT”) associated with the NFT project made available under this NFT License (“IconoGraphika NFT”) created by the owner or entity that has created this IconoGraphika NFT (IconoGraphika or “we” or “our”), you agree to these NFT License Terms and Conditions (the “Terms”). When you lawfully own an IconoGraphika NFT, you own all personal property rights to the NFT underlying the IconoGraphika NFT (e.g., the right to freely sell, transfer, or otherwise dispose of that IconoGraphika NFT). However, your rights to the associated artwork, images, video, content or other works of authorship linked to your specific IconoGraphika NFT which was developed by IconoGraphika (“NFT Media”) are only as outlined below.
1. NFT LICENSE GRANT
1.1 NFT Media License. For as long as you lawfully own an IconoGraphika NFT, IconoGraphika grants you a nonexclusive, perpetual, irrevocable (except as set forth in Section 3.2 below) worldwide license under our copyrights to use, distribute, reproduce, display, and perform (but not modify) the specific NFT Media linked to your IconoGraphika NFT for personal, non-commercial uses, with the right to sublicense such rights solely to third parties to enable the right to display the NFT Media, with IconoGraphika being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. This license includes the right to display NFT Media as your profile picture, and on personal use items such as your coffee mug, sweatshirt or hat, and on personal use conveyances such as your vehicle, vessel or aircraft. All intellectual property rights in and to the NFT Media and any other intellectual property rights of IconoGraphika not expressly licensed herein are reserved by IconoGraphika.
1.2 Reserved.
1.3 No Rights to Trademarks. Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with IconoGraphika or the IconoGraphika NFTs (“Project Trademarks”). Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks or to advertise or promote any other products or services.
1.4 Transfer and Sublicensing. The licenses granted in these Terms are non-transferrable, except that if you lawfully transfer ownership of your IconoGraphika NFT, the license to the NFT Media in Section 1.1 to you shall terminate upon the effective date of such transfer, and such licenses will be assigned to the new owner of the IconoGraphika NFT associated with such NFT Media. As a condition to sales, transfers or similar transactions of the IconoGraphika NFTs, the transferee agrees upon the acquisition of the IconoGraphika NFT that (a) the transferee is not a Restricted Party and (b) the transferee accepts these Terms. Further, if you choose to sublicense any of your licensed rights set forth in Section 1.1 above, you are only permitted to do so if any such sublicensees agree (i) that they are not Restricted Parties and (ii) that if your licensed rights in Section 1.1 are transferred (such as because you sell your IconoGraphika NFT), then any such sublicenses you have granted in such licensed rights will automatically terminate. Because virtually all public blockchains are licensed under open source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your IconoGraphika NFT. In such case, any rights granted under these Terms to owners of any IconoGraphika NFT will only be granted to the lawful owners of such IconoGraphika NFT whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion).
1.5 Third Party Content. IconoGraphika hereby represents and warrants to you that all of the copyrights in the NFT Media are owned by IconoGraphika, and does not contain (a) any artwork, images, video, content or other works of authorship, (b) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by IconoGraphika (“Third Party Content”), provided that the foregoing shall not apply if IconoGraphika has obtained a license to such Third Party Content consistent with the licenses under this Agreement or IconoGraphika has supplemented this NFT License with an additional license that governs your right to use such Third Party Content. For the purpose of this representation and warranty, IconoGraphika does not own or claim to own any intellectual property right in any nation state flag or emblem, or national air force name, roundel, flash or aircraft name, or third party company name or brand, any of which IconoGraphika may have made artistic depictions of, in the NFT Media.
1.6 Restrictions. Notwithstanding any of the above, you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene activity, or that promotes any such activity, as determined in IconoGraphika’s sole discretion, it being understood that IconoGraphika may designate another entity such as a decentralized autonomous organization (“DAO”) or committee of a DAO to make this determination in IconoGraphika’s place, in which case IconoGraphika will be bound by that other entity’s decision. If an IconoGraphika NFT is fractionalized into smaller ownership interests (which may be represented by other tokens), the rights licensed hereunder do not transfer to each of the owners of such fractionalized interests in the IconoGraphika NFT, but are only granted to those who own all fractionalized interests in an IconoGraphika NFT or as may otherwise be agreed by the owners of such fractionalized interests if each of such owners agree that (a) the owner is not a Restricted Party and (b) the owner accepts these Terms. In order to purchase the IconoGraphika NFT if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction. If you are an entity, the individual agreeing to the Terms must have the legal authority to bind the entity. If (a) you are an individual, you agree on your own behalf and (b) if you are an entity, you agree that neither the entity nor any of your owners or investors or any of their directors, officers, employees, agents or affiliates acting on your behalf: (i) is related in any way to, the governments of, or any persons within, any country or jurisdiction under a U.S. embargo enforced by the Office of Foreign Assets Control (“OFAC”), or any persons who are named on any list of sanctioned individuals or entities; (ii) is (or has ever been) prohibited from the transaction pursuant to U.S. anti-money laundering, anti-terrorist, economic sanctions and asset control laws; and (iii) is resident in a country or jurisdiction under a U.S. embargo enforced by OFAC (“Restricted Parties”).
2. DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION
2.1 Disclaimers. YOUR ACCESS TO AND USE OF THE ICONOGRAPHIKA NFT AND NFT MEDIA IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ICONOGRAPHIKA, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS AND EQUITY HOLDERS (THE “ICONOGRAPHIKA ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT IN THE ICONOGRAPHIKA NFTS AND NFT MEDIA. THE ICONOGRAPHIKA ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE ICONOGRAPHIKA NFTS AND NFT MEDIA; (B) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLET, HARDWARE OR MARKETPLACE; AND © WHETHER THE ICONOGRAPHIKA NFTS AND NFT MEDIA WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (D) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE ICONOGRAPHIKA NFTS AND NFT MEDIA. THE ICONOGRAPHIKA NFTS AND NFT MEDIA ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY.
2.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ICONOGRAPHIKA ENTITIES BE LIABLE (A) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ICONOGRAPHIKA NFT OR THE NFT MEDIA), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE ICONOGRAPHIKA NFTS AND NFT MEDIA OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE ICONOGRAPHIKA ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE ICONOGRAPHIKA NFTS AND NFT MEDIA. THE MAXIMUM AGGREGATE LIABILITY OF THE ICONOGRAPHIKA ENTITIES FOR ALL DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) $1,000 OR (II) THE AMOUNT YOU PAID FOR YOUR ICONOGRAPHIKA NFT. SOME JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
2.3 Assumption of Risk. THE VALUE OF THE ICONOGRAPHIKA NFTS IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFOR CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE ICONOGRAPHIKA NFT AND NFT MEDIA.
2.4 Fundamental Elements. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE ICONOGRAPHIKA ENTITIES AND YOU.
2.5 Template Provider Disclaimers. You and IconoGraphika each agree and acknowledge and agree that (i) these terms are based on a template that has been provided for public use, and (ii) each party and its heirs, successors and assigns, irrevocably covenants and agrees not to assert or bring any suit, claim, demand or challenge against the providers of such template, their parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, service providers and licensors (the “Template Provider Entities”) in connection with these terms, (iii) the availability of these terms shall not be construed as legal advice for any particular facts or circumstances and are not meant to replace consulting competent counsel who is aware of your specific facts and circumstances and those of IconoGraphika, and (iv) these terms might not reflect all current updates to the law or applicable interpretive guidance.
2.6 Indemnification. By entering into these Terms and accessing or using the IconoGraphika NFTs or NFT Media, you agree that you shall defend, indemnify and hold the IconoGraphika Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the IconoGraphika Entities arising out of or in connection with: (i) your violation or breach of any term of these Terms or any applicable law or regulation; (ii) your violation of any rights of any third party; (iii) your access to or use of the IconoGraphika NFT or NFT Media; or (iv) any fraud, negligence or wilful misconduct committed by you. For these limited purposes, the IconoGraphika Entities (other than IconoGraphika) are third party beneficiaries of the Terms.
3. ADDITIONAL PROVISIONS
3.1 Additional Features. IconoGraphika may choose to make additional features, access, content, items or other benefits available to owners of IconoGraphika NFTs (“Additional Features”). IconoGraphika has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring an IconoGraphika NFT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.
3.2 Termination of License. If you materially breach any of the provisions of these Terms, IconoGraphika may terminate all of the licenses granted to you under these Terms. IconoGraphika will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is actually received. Upon the termination of your licenses, you shall cease all use of the rights granted in Article 1 and shall cease all further use of the NFT Media, and all sublicenses you have granted in the NFT Media shall automatically terminate. The following sections shall survive the termination of these Terms and shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by IconoGraphika or you: Sections 1.3, 1.4, 1.6, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 3.3 and 3.4. Termination will not limit any of IconoGraphika’s other rights or remedies at law or in equity.
3.3 Miscellaneous. These Terms constitutes the entire and exclusive understanding and agreement between IconoGraphika and you regarding the IconoGraphika NFT and NFT Media and supersedes and replaces any and all prior oral or written understandings or agreements between IconoGraphika and you regarding the IconoGraphika NFT and NFT Media. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be freely assigned by IconoGraphika. Any purported assignment in violation of these Terms will be null and void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
3.4 Governing Law & Dispute Resolution. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and you and IconoGraphika hereby irrevocably attorn to the jurisdiction of the courts of Ontario. You and IconoGraphika shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a “Dispute”). If the parties are unable to resolve a Dispute within ninety (90) days of notice of such Dispute being received by all parties, such Dispute shall be adjudicated in the courts of Ontario. Any dispute arising out of or related to these Terms is personal to you and IconoGraphika and will not be brought as a class action or any other type of representative proceeding. You and IconoGraphika each agree that any claims may only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative action or other proceeding in which a person attempts to resolve a dispute as a representative of another person or group of persons.
