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By purchasing an NFT (“Crypto Asset” as defined in the platform’s Terms of Service) from FitStage or another user including any artwork, graphics, images, designs, logos, drawings, photographs, text, taglines, video or audio recording (collectively the “Artwork”), you acknowledge and agree to the following terms and conditions (“Terms”):

All right, title and interest (including all copyrights, trademark rights and all other intellectual property rights) in the Artwork are owned by FitStage or FitStage’s licensors, as applicable.

Your purchase of the NFT does not give you any right, license, or ownership in or to the Artwork other than the rights expressly contained in these Terms.

You shall not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, display, modify, or commercialize the Artwork, in whole or in part, in any way.

You shall not apply for, register, or otherwise use or attempt to use the Artwork, in whole or in part as a trademark, service mark, or any confusingly similar mark, anywhere in the world.

Subject to your continued compliance with these Terms, you are granted a personal non-exclusive, non-sublicensable license to view and display the Artwork associated with the NFT solely for the following purposes: (a) for your own personal, non-commercial use; and (b) as part of a marketplace that permits the display, purchase and sale or other transfer of NFTs, provided the marketplace has mechanisms in place to (i) verify the owners’ rights to display and sell their NFTs, and (ii) ensure that each subsequent purchaser or transferee of an NFT acquires the NFT subject to all of these Terms.

As for selling or otherwise transferring the NFT, you shall have the limited right to transfer the NFT including your license to the Artwork associated with NFT, subject to the following: (i) the transferee must accept all of these Terms and all of FitStage’s Terms of Service; (ii) you shall have not, prior to the transfer, breached these Terms or FitStage’s Terms of Service or had your use or access to the FitStage Site terminated; and (iii) FitStage shall be entitled to receive three percent (3%) of the gross amounts paid by the transferee (and each subsequent transferee) for the NFT, in perpetuity, as set forth in FitStage’s Auction Rules, it being understood and agreed that if FitStage, for any reason, shall fail to withhold secondary market fees to pay its share, you shall remain liable to pay FitStage its share hereunder.

In the event you violate any of these Terms, you agree that in addition to all of FitStage’s rights and remedies for violating FitStage’s intellectual property and other rights, such violation shall constitute a breach of contract, for which FitStage shall have the right to pursue such additional rights and remedies as may be available to FitStage for breach of contract, including, without limitation, monetary damages and injunctive relief.

This license will continue only so long as you continue to own the NFT. If you sell, trade, donate, giveaway or otherwise dispose of your NFT, all of your rights in and to the NFT and the Artwork will immediately cease and you will have no further rights in the NFT or the Artwork.

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