By purchasing your right to this NFT from NFTme and Rare Goods Inc you expressly agree to the following in its entirety.

We reserve the right to refuse or not publish any photos that include the following: 

• images that portray obscene, lewd, explicit, discriminatory, derogatory, violent, offensive, infringing or otherwise inappropriate content are strictly prohibited and will be discarded.
• is offensive, unlawful, defamatory, false or misleading, discriminatory, pornographic, sexually explicit, unsuitable for minors or of an abusive, violent, obscene, offensive or menacing nature;

• is racist or hateful or promotes racism or hatred towards another person or group of persons

• contains nudity, swear words or excessive violence;

• is reasonably likely to offend another User;

• contains commercial advertisements, including sponsor names, logos, slogans, websites, and/or phone numbers. 
• solicits other Users to buy or sell goods or services; or
• contains financial, legal, medical or other professional advice,

• violates or infringes (or the use of which violates or infringes) the intellectual property or other rights of any person or entity;

• contains personal information of any person (such as name, address, email address, phone number)

• contains social media handles and hashtags.
• contains offensive or negative references to any sports team.
• NFTs cannot be used to cheer on opposing teams.
• names, images, or likenesses of any professional or collegiate athletes, racers, or anyone other than those explicitly laid out on the site’s photo submission guidelines.
• statements or endorsements of political issues or candidates.
• third party logos/branding. 

Rare Goods reserves the right to refuse any photos. If your photo is rejected you will be notified and will need to resubmit your photo in a timely manner or your NFT will not be used/created.

All sales are final – no refunds. Sales Tax Included. If you have any questions, please visit our FAQ page.

CONSENT, ASSIGNMENT AND RELEASE

In exchange for the possibility of appearing in any visual production(s) (collectively, “Production”), the receipt of which opportunity shall be sufficient consideration for this Consent, Assignment and Release (“Release”), I do hereby:

(1) assign to Rare Goods affiliates, clients, entities and partners  (collectively “Partners”) (as defined below) all worldwide right, title and interest in or to the image(s) of me, my child(ren) or ward(s) (collectively, “Minor(s)”) and/or other featured individuals (together with me and Minor(s), “Featured Individuals”) that I am voluntarily submitting to Rare Goods and its Partners captured through technology provided to me by the Rare Goods (collectively, “Image(s)”), including, but not limited to, all trademarks, copyrights and other intellectual property rights in and to the Image(s) and the likeness, image, name, words, voice, biographical information and/or other attributes (collectively, “Personal Information”) of each of the Featured Individuals (collectively, “Image Rights”);

(2) grant Rare Goods and its Partners the right to include in the Production, separate and apart from the Image(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to Rare Goods (the “Submitted Information”);

(3) represent that I own all Image Rights and Submitted Information or have authorization from all rightsholders, and that I have the express permission of all Featured Individuals other than Minor(s) to submit the Image(s) and Submitted Information to Rare Goods and agree to this Release on their behalf;

(4) acknowledge that Rare Goods and their Partners have the right in perpetuity to depict the Image(s) and Submitted Information in any Production in any medium currently existing and hereafter developed (including, without limitation, to incorporate the Image(s), the Submitted Information and/or any derivative works into broadcasts and productions of games or clips of games distributed via television, affiliate websites, YouTube and/or any Partner related social media platforms (“Social Media Platforms”), subject to the applicable Social Media Platform’s terms of service and privacy policy, without payment of any compensation to me, the other Featured Individuals, or our respective heirs, legal representatives, successors and assigns;

(5) consent to use of the Image(s), the Submitted Information or any part thereof, by Rare Goods in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s) or Submitted Information in any Production, including but not limited to the NFT blockchain placement or anywhere the Image(s) may be used;

(6) acknowledge that the brand/team/club, or in some cases, venue reserves the right to reject the Image(s) if it contains content that is sexually explicit, obscene, profane, derogatory, offensive, inflammatory, inappropriate for children, would violate any brand/team/club venue rules or otherwise be deemed inappropriate or unacceptable to the brand/team/club venue’s sole discretion;

(7) acknowledge that there is no guarantee that the Image(s) will be seen by the public in a Production, including but not limited to a television broadcast of a game, clips of a game or Social Media Platforms;

(8) acknowledge that I will not receive the original or a copy of any reproduction of the Image(s) produced by Rare Goods or its Partners, i.e., fan photo NFT;

(9) release in perpetuity Rare Goods and its Partners and such entities’ respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners from any claim of right in respect of such Image(s) or Submitted Information, including, but not limited to, claims of copyright infringement, false endorsement or rights of publicity or privacy (collectively, “Claims”) and I will indemnify and defend Rare Goods and its Partners from and against any such Claims; and

(10) represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.

This Release shall be governed by and construed in accordance with the laws of the country/state/city, without regard to conflicts of law principles. Any dispute, claim or cause of action arising out of this Release shall be settled by mandatory, confidential, final and binding arbitration in a court of law. Neither I nor Rare Goods or any of its Partners shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate as a representative member of a putative class or in a private attorney general capacity. The arbitrator shall have the power to award any remedies available under applicable law; provided, however, that the arbitrator shall have no authority to award punitive or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.

In consideration for allowing me, my child(ren) or ward(s) (collectively, “Minor(s)”), and any other featured individuals (together with me and Minor(s), the “Featured Individuals”) to participate in the Rare Goods NFTme program (the “Program”), including the possibility of appearing in a network and/or cable and/or internet and/or streaming service visual production(s) (collectively, “Production”), the receipt of which shall be sufficient consideration for this Release, I do hereby:

1. assign to Rare Goods and its Partners (as defined below) all worldwide right, title, and interest in or to the image(s) of the Featured Individuals that I am voluntarily submitting and captured through technology provided to me by Rare Goods (collectively, the “Image(s)”), including, but not limited to, all trademarks, copyrights, and other intellectual property rights in and to the Image(s), and the likeness, image, name, words, voice, biographical information, and/or other attributes (collectively, “Personal Information”) of each of the Featured Individuals (collectively, “Image Rights”);
2. grant Rare Goods and its Partners the right to use the Image(s) for the purpose of creating an NFTme NFT (hereafter referred to as NFTme Photo(s)) (the “NFTme Photo(s)”) by reproducing, altering, and printing the Image(s), and to place the NFTme Photo(s) on the blockchain of our choosing and any website owned by Rare Goods or its partners via website, app, television and/or other media;
3. grant the Rare Goods, its Partners and the Team/Brand the right to include in the Production, separate and apart from the Image(s) and NFTme(s), Personal Information of each of the Featured Individuals that I am voluntary submitting to the Club (the “Submitted Information”);
4. represent that I am the parent or legal guardian of all Minor(s) on whose behalf I am agreeing to this Release, that I own all Image(s), Image Rights, and Submitted Information and/or have all necessary authorization from all applicable rightsholders, and that I have the express permission and authorization of all Featured Individuals to submit the Image(s) and Submitted Information to the Club and to agree to this Release on their behalf;
5. acknowledge that Rare Goods, its Partners and the Team/Brand have the right in perpetuity to depict the Image(s), the NFTme Photo(s) and Submitted Information in any Production in any medium currently existing and hereafter developed (including, without limitation, to incorporate the Image(s), the NFTme Photo(s), the Submitted Information, and/or any derivative works into broadcasts on network and/or cable and/or internet and/or streaming service visual production(s) of games (“Games”) or clips of Games and any related social media platforms (“Social Media Platforms”), subject to the applicable Social Media Platform’s terms of service and privacy policy, without payment of any compensation to me, the other Featured Individuals, or our respective heirs, legal representatives, successors and assigns;
6. consent to use of the Image(s), the NFTme Photo(s), the Submitted Information, or any part thereof, by Rare Goods Entities, affiliates, partners, or clients in connection with advertising, publicizing, and exploiting any Production and acknowledge that I have no right of approval of the use of the Image(s), the NFTme Photo(s), or Submitted Information in any Production; and
7. represent and warrant that I am 18 years or older and that this Release does not conflict with any existing commitments on my part.

TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER FEATURED INDIVIDUALS, AGREE TO INDEMNIFY, RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS Rare Goods, ITS PARTNERS, and their respective owners, stockholders, members, directors, officers, employees, agents, affiliates, contractors, representatives, successors, heirs and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (hereinafter, individually and collectively referred to as the “Released Parties”) of and from all manner of action or actions, cause or causes of action, at law or equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as “Claims”) that we may have or hereafter have against the Released Parties by reason of any injuries that we may sustain, whether to our person, property, and/or reputation, including, without limitation, any and all claims for copyright infringement, false endorsement, rights of publicity, defamation, and/or invasion of privacy, as a result of or incident to the Released Parties’ use of the Image(s), the Image Rights, the NFTme Photo(s), and/or the Submitted Information in connection with the Program and/or in any manner authorized or contemplated in this Release. I, for myself and on behalf of all of the other Featured Individuals, further covenant not to sue or otherwise pursue any form of recovery or legal action, including arbitration, against any of the Released Parties arising from or relating to any Claim. For purposes of this Release, Rare Goods, its Partners and such entities’ respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners.

LIMITATIONS ON LIABILITY

1. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERMS AND CONDITIONS OF THE Rare Goods Inc OR ANY ACT OR FAILURE TO ACT BY Rare Goods, ITS PARTNERS OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA Rare Goods Inc.
2. IN NO EVENT SHALL Rare Goods OR ITS PARTNERS BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES.
3. IN NO EVENT SHALL Rare Goods, ANY OTHER Rare Goods ENTITY, PARTNER OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE Rare Goods Inc INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS, MERCHANDISE, AUCTIONS, TICKETS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Rare Goods HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF Rare Goods IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF Rare Goods, ANY OTHER Rare Goods ENTITY, PARTNER OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE Rare Goods Inc, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS, AUCTIONS, TICKETS, MERCHANDISE, OR SERVICES AVAILABLE THEREFROM, IS $50.
4. IN NO EVENT SHALL Rare Goods OR ANY OTHER Rare Goods ENTITY OR PARTNER BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF Rare Goods Inc, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

INDEMNIFICATION

You hereby agree to indemnify and hold Rare Goods and its Partners harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (i) your use of Rare Goods Inc, including but not limited to the products, Merchandise, Auctions, Tickets and/or Services purchased via Rare Goods Inc; or (ii) any alleged breach of this Agreement by you.

TERMINATION

Rare Goods may change, suspend or discontinue any aspect of Rare Goods Inc at any time, including the availability of any product, Merchandise, Auctions offering, Ticket offering, Service, feature, database or content. Rare Goods may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of Rare Goods Inc without notice or liability at any time in Rare Goods’s exclusive discretion, without prejudice to any legal or equitable remedies available to Rare Goods, for any reason or purpose, including, but not limited to, conduct that Rare Goods believes violates this Agreement or other policies or guidelines posted on Rare Goods Inc or conduct which Rare Goods believes is harmful to other customers, to Rare Goods or its Partner’s business or to other information providers. In addition and without prejudice to any other remedy available to Rare Goods, Rare Goods may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Rare Goods in Rare Goods Inc. This Agreement may also be immediately terminated at any time by Rare Goods in its sole discretion.