(“Issuer”) of Moon Daughters non-fungible tokens (“NFTs”) either through a third-party website
with a blockchain-based application such as Trust Market, or through the Issuer’s website
https://www.moondaughtersnft.com (“Website’’), all of the foregoing, together with the
functionality associated therewith, collectively referred to as the “Platform”.
The Issuer (sometimes referred to as “We,” “Us,” or “Our”) may sell NFTs to initial purchasers
(e.g. investors, art lovers, tech enthusiasts) and may provide goods and services as benefits within
lotteries or otherwise (e.g. merch such as t-shirts, phone cases or art prints with certain NFTs
printed on them, special art workshops, original physical artwork, art kit, art coaching) to initial
purchasers and subsequent transferees of NFTs (referred to herein as “You” or using similar
terms), may provide the access to its Website, subject to Your acceptance of these NFT Terms.
Your purchase of, acquisition of, and/or ownership of the NFTs through the Platform constitutes
your full and unconditional agreement to these NFT Terms. We may update these NFT Terms by
providing a new version online and your continued use of the Platform after any such update
constitutes your binding acceptance of such changes.
By accessing or using the Platform, services, or smart contracts You are accepting these NFT
Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that
You are 18 years old or older and that You have the right, authority, and capacity to enter into
these NFT Terms (on behalf of yourself or the entity that you represent). You further represent and
warrant that You are otherwise legally permitted to acquire and hold the NFTs in your jurisdiction.
Please read these NFT Terms carefully. If You do not agree to these NFT Terms, you must not
purchase and hold the NFTs.
1. The NFTs
Moon Daughters NFTs are non-fungible tokens (NFTs), which are minted on
https://trust.market/buy/Hephaestus, on Elrond blockchain, consisting of a collection of 10,000
unique portraits (images made by combining watercolored elements), bringing traditional art into
the digital space by blending physical drawing techniques with technology in the form of a new
The artist of the NFTs is Ms. Andreea Nae.
2. The presale of NFTs
The presale of the NFTs takes place on the19th of April, 20.00 - 00.00 (GMT+3), the NFTs being
minted on Trust Market.
The presale price will be 0.3 EGLD. Subsequently, each Moon Daughters NFT will cost 0.6
In the future, the price of the NFTs may be determined by Us at Our sole discretion and displayed
on the Platform at the time of purchase.
3. Terms of Sale
All sales (irrespective of the terminology,, pre-sale’’, ,, sale’’) of NFTs are final and there are no
cancellations. Once You have made a purchase of an NFT, you should promptly take the necessary
steps to complete your transaction (e.g., activate or download any content or secure any seed phrase
or corresponding private key). We encourage the use of secure, offline storage measures for NFTs.
You may purchase NFTs using virtual currencies/cryptocurrencies, where multiple payment
options are made available to you.
You may resell or otherwise transfer an NFT that you own where this is permitted by these NFT
Terms. Any sale or transfer must provide for the transfer of all of your rights then outstanding with
respect to such NFT. Anyone receiving such NFTs from You agrees to and is bound by these NFT
Terms. You are strictly forbidden to sell, swap, donate, give away, transfer, or otherwise dispose
of your purchased NFT to any person who is not 18 years or older.
4. Ownership of a NFT
Owning a NFT is similar to owning a piece of physical art. You own a non-fungible token
representing the artist’s creative work as a piece of property, but you do not own the creative
artwork itself. You may show off your ownership of NFT/s by displaying and sharing the
underlying artwork, but You do not have any legal ownership, right, or title to any copyrights,
trademarks, or other intellectual property rights to the underlying artwork, excepting the limited
license granted by these NFT Terms to underlying artwork.
The artist (i.e. Ms. Andreea Nae) reserves all exclusive copyrights to artworks underlying NFTs
including but not limited to the right to reproduce, to prepare derivative works, to display, to
perform, and to distribute the artworks.
Only in case You win in a lottery organized by Us the physical artwork itself and the physical
artwork is delivered to You, then You will own the physical creative work itself. Although the
artist reserves all exclusive copyrights to the physical artwork, including but not limited to the
right to reproduce some parts/elements of the physical artwork, to prepare derivative works, to
display, to perform, and to distribute the resulting artworks.
5. The license related to a minted artwork
Owning a NFT is also distinct from owning a piece of physical art. Given the fact that the art on
the Platform is digital, meaning that it is inherently easier to share, display, replicate, and distribute
around cyberspace, we encourage You to show off, promote, and share your collected NFTs, but
You may not infringe on any of the exclusive rights of the copyright holder -the artist. The artist
grants a limited, worldwide license to display the artwork underlying the NFTs legally owned and
properly obtained by You.
Your license includes the right to display the artwork privately or publicly:
(i) for the purpose of promoting or sharing Your purchase, ownership, or interest in the
NFT, for example, on social media platforms, blogs, or other Internet-based media
(ii) for the purpose of sharing, promoting, discussing, or commenting on the NFT.
You have the right to sell, trade, transfer, or use your NFT, but You may not make “commercial
use” of the underlying artwork including, for example, by selling copies of artwork, selling access
to the artwork, selling derivative works embodying the artwork, or otherwise commercially
exploiting the artwork.
You may not, nor permit any third party, to do or attempt to do any of the foregoing:
(a) incorporate the artwork in movies, videos, video games, or any other forms of media for a
commercial purpose, except to the limited extent that such use is expressly permitted by these NFT
Terms or solely for your personal, non-commercial use;
(b) modify, distort, or perform any other modification to the artwork which would be prejudicial
to the artist’s honor or reputation;
(c) use the artwork to advertise, market, or sell any third-party product or service;
(d) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes,
contains, or consists of the artwork;
(e) use the artwork in connection with images, videos, or other forms of media that depict hatred,
intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate
speech or otherwise infringe upon the rights of others;
(f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in
or to the artwork;
(g) attempt to mint, tokenize, or create an additional cryptographic token representing the same
artwork, whether on or off of the Platform;
(h) falsify, misrepresent, or conceal the authorship of the artwork or the NFT; or
(i) otherwise utilize the artwork for Your or any third party’s commercial benefit.
6. Smart Contract on Elrond blockchain
You agree and understand that all fees, commissions, and royalties are transferred, processed, or
initiated directly through smart contracts on Elrond blockchain. By transacting on the Platform
and by using the smart contract, You hereby acknowledge, consent to, and accept all automated
fees, commissions, and royalties for the sale of NFTs on the Platform. You hereby consent to and
agree to be bound by the smart contract’s execution and distribution of the fees, commissions, and
You consent to the automated collection and disbursement to artist of royalties for secondary
market sales of NFTs. You hereby waive any argument with respect to secondary market activities
resulting in royalty to the artist.
Any cryptocurrency payments or financial transactions that you engage in via the Platform will be
conducted solely through the Elrond blockchain. We have no control over these payments or
transactions, nor do We have the ability to reverse any payments or transactions. We do not provide
refunds for any purchases of NFTs that you might make on or through the Platform.
7. Artist’s Rights
The artist owns all legal rights, titles, and interests in all intellectual property rights to creative
artworks (creations) underlying the NFTs, including but not limited to copyrights and trademarks.
As the copyright owner, the artist enjoys several exclusive rights to the artwork, including the right
to reproduce, the right to prepare derivative works, the right to distribute, and the right to display
or perform the artworks. Subject to, and in accordance with these NFT Terms, the artist hereby
acknowledges, understands, and agrees that minting an artwork on the Platform constitutes an
express and affirmative grant of the limited license rights to the artworks to all owners of the NFTs,
as provided herein.
The artist of the NFT receives a certain percentage of the NFT’s resale (royalty), each time the
NFT is resold.
The holders of the NFTs may win certain benefits and income opportunities within lotteries such
-goods and services: merch such as t-shirts, phone cases or art prints with certain NFTs printed on
them, special art workshops, original physical artwork, art kit, art coaching;
- part of the royalties in EGLD ;
- if You buy merch with your NFT, part of the profit will go to a pool and You will have the chance
to win back these profits.
For the avoidance of any doubt, these benefits and income opportunities are won within the
lotteries only be certain holders of NFTs and not by all holders of NFTs.
We will decide, at Our sole discretion when to organize the lotteries.
Once You own any NFT, You are responsible for any loss or damage to, or loss of access to, the
NFT and neither Issuer nor any of its licensors shall have any liability in such circumstances,
regardless of cause. You expressly understand and agree that your use of the Platform and any
NFTs is at your sole risk and that the NFTs are provided “as is” and “as available.”
You are responsible to pay any and all taxes, duties imposed by any governmental authority,
associated with your use of the Platform (including, without limitation, any taxes that may become
payable as the result of your ownership, transfer, purchase, sale of any NFTs and artworks, as the
case may be).
You hereby represent that You are knowledgeable, experienced and sophisticated in using
blockchain technology, the Platform, and in initiating Elrond-based transactions.
You hereby represent that You shall not engage in any attack, hack, denial-of-service attack,
interference, or exploit of any NFTs smart contract.
We make no representations or warranties, express or implied, written or oral, made by or on
behalf of Us in connection therewith, including any representations or warranties of title,
functionality, merchantability, usage, security, suitability or fitness for any particular purpose, or
technical quality of any NFT.
12. Not A Financial Instrument
Please note that the NFTs do not represent securities or any financial instruments.
13. Limitation of liability
The Issuer shall not be liable to You or any other third party for damages, including any general,
special, incidental, punitive or consequential damages arising out of the use or inability to use the
Platform or any NFTs (including but not limited to loss of data or data being rendered inaccurate
or losses sustained by You or third parties).
We have no liability to You or to any third party for any claims or damages that may arise as a
result of any payments or transaction that You engage in via the Platform, or any other payment
or transactions that you conduct via the Elrond blockchain with respect to NFTs.
14. Links or references to other websites
The Website may contain links or references to other websites. Unless We expressly say otherwise,
You should assume that these other websites are not under Our control s. Any such hyperlinks or
references are provided for Your information and convenience only. We have no control over third
party websites and We have no legal responsibility for them.
Your use of a third-party website may be governed by the terms and conditions of that third-party
15. Governing Law
These NFT Terms and the relationship between You and Us created by it shall be governed by and
construed in accordance with the laws of Romania.
We may reserve the right, in Our sole and absolute discretion, to amend, modify, alter or
supplement these NFT Terms.
Should you have any questions, You can contact us at email@example.com