Token Author License Agreement

Last Updated: September 2022

This is a license agreement between the Token Author and the Token Hodler that explains how the Token Hodler can use any assets attached to a token they hodl; such as photos, illustrations, videos and music; that they license from the Token Author.

By minting or trading tokens on Hodl My Moon, you accept the terms of this agreement.

The Token Author must hold the intellectual property rights of the attached asset(s).

1. What types of licenses can Token Authors provide?

Token Authors can offer a Commercial or Non Commercial license for the asset attached to a token they mint.

2. Commercial vs Non Commercial

Commercial means something is primarily intended for or directed toward commercial advantage or monetary compensation.

Non Commercial means something is not primarily intended for, or directed towards, commercial advantage or monetary compensation.

A Non Commercial license indicates that the Token Author primarily intends the asset to be used in a non commercial manner.

Examples of how you can use Non Commercially licensed assets include:

  • Use in free educational lectures and classes
  • Use on an individual or group's website discussing the artwork in question
  • Use on websites that are primarily information-led, research-oriented and obviously non-commercial in nature

3. Expiration of the license

When the token is transferred, the license moves with the token. That is, previous Token Hodlers do not retain a license. Only the current hodler of a token is granted a license.

4. How can a Token Hodler use licensed content?

A Token Hodler can use the asset in any way that is not restricted (see Restricted Uses below)

Subject to those restrictions and the rest of the terms of this agreement, the rights granted to a Token Hodler by the Token Author are:

Perpetual, meaning there is no expiration or end date on the Token Hodler's rights to use the attached asset whilst they continue to hodl the token.

Non-exclusive, meaning that the Token Hodler does not have exclusive rights to use the attached asset. Token Authors can license the same asset to other parties.

Non-sublicensable, meaning that the Token Hodler can not sub-license usage of the asset to other parties. A license agreement only exists between the Token Author and the Token Hodler.

Worldwide, meaning the asset can be used in any geographic territory.

Unlimited, meaning the Token Hodler can use the asset in an unlimited number of projects and in any media whilst they continue to hodl the token.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

In addition to the above, the following applies to Music assets:

A Token Hodler can edit Music assets provided that any such change

  1. shall not alter the fundamental character of the portion of the Master being used, and
  2. shall not give rise to any ownership rights or claims, including copyright, on your part in or to the resultant edited recording or composition.

Examples of how you can use licensed content include:

  • websites
  • blog posts
  • social media
  • advertisements
  • newspapers
  • magazines
  • books
  • multimedia productions
  • web and mobile applications

Ensure you read the Restricted Uses section below for exceptions.

5. Restricted Uses

No Commercial Activities with a "Non Commercial" license. The Token Hodler may not use the asset for commercial purposes if the asset is provided under a non commercial license.

No Use in Trademark or Logo. The Token Hodler may not use the asset (in whole or in part) as the distinctive or distinguishing feature of a trademark or logo.

No Unlawful Use. The Token Hodler may not use the asset in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.

No Sensitive Use. The Token Hodler may not use the asset in obviously unflattering or controversial material (for example, sexually transmitted diseases advertisements), without obtaining explicit consent from the Token Author.

No Political Campaigns. The Token Hodler may not use the asset in a political campaign without obtaining explicit consent from the Token Author.

6. Intellectual Property

The Token Author must own the intellectual property of the attached asset. Licensing the use of their asset to the Token Hodler does not transfer the intellectual property of the asset.

7. Termination

This license agreemnent is only in effect for the Token Hodler whilst they hodl the token.

  • If the token is transferred, the license moves with the token; and the ex-hodler of the token should cease their usage of the attached asset.
  • If the token is burned the license is null and void.

8. Indemnification

The Token Hodler (past and present), and the Token Author agree to defend, indemnity and hold harmless Hodl My Moon (the brand), Pony Powered Limited (the company), its staff and directors from all damages, liabilities and expenses including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

9. General Provisions

Hodl My Moon Fair Usage - The Token Author grants Hodl My Moon a commercial license for the asset. Usage will be limited to activities concerned with Hodl My Moon. (the website, apps, etc)

Taxes - The Token Author and Token Hodler agree to pay and be responsible for any and all taxes imposed by any jurisdiction as the result of trading tokens or crypto assets.

10. Glossary of Crypto Terms

A blockchain is a distributed ledger that is shared amongst the nodes of a computer network. It maintains a secure and decentralized record of transactions.

A token is a representation of something in the blockchain. This something can be anything. By representing things as tokens, we can allow smart contracts to interact with them. Tokens often link to assets such as images, illustractions, videos, or music that do not reside on the blockchain.

A smart contract is an executable piece of code that runs on the blockchain.

Mint(ing) is the process of creating a token using a smart contract.

Token Author refers to the party that minted the token.

Token Hodler refers to the party that currently owns the token.

To hodl means to own a token.