Ape-In Productions, LLC (AIP) is an entertainment business specializing in releasing music, artwork, and other entertainment content as non-fungible tokens (NFTs) on the Ethereum blockchain network via smart contracts. This website is only an interface allowing participants to mint such NFTs and view, use, and download related content (collectively, the “Content”).
This website and its related Content and services are provided “as is” and “as available”, without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions and/or use involving AIP NFTs and any and all Content.
Each AIP NFT is an NFT on the Ethereum blockchain. Ownership of the NFTs is mediated entirely by the applicable smart contract and the Ethereum Network. Users are entirely responsible for the safety and management of their own Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the AIP smart contracts runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
AIP owns all rights, title, and interest including, without limitation, the copyrights to all Content, including but not limited to the intellectual property embedded in the digital files comprising the AIP NFTs, as well as all sound recordings, videos, and visual artwork related to the NFTs and all additional sound recordings, videos, visual artwork and other content made available via this website, to holders of AIP NFT’s and others.
Subject to your continued compliance with these terms, AIP grants you a non-exclusive, worldwide, royalty-free license to play, use, and display the legally obtained Content for your own personal and non-commercial use. No commercial use of the Content is permitted without the prior written consent of AIP.
In the event you place an NFT you own (such as a Bored Ape or a Mutant Ape, and referred to herein as a “Member NFT”) into the AIP Talent Pool, or otherwise submit such Member NFT for consideration for use in an AIP project, which may include, but is not limited to an animated video or custom work of art (each, an “AIP Project”), the following terms apply:
You represent, warrant, and covenant that you are the owner of the Member NFT with full rights and control of the Member NFT and with full power and authority to agree to these terms, to grant the rights referenced herein, and to submit your Member NFT for consideration for use in an AIP Project, and that these terms constitute a legal, valid, and binding licensing agreement. In the event of a breach of the foregoing warranty, you agree to indemnify and hold AIP and its representatives harmless from any and all damages, losses, costs, and liabilities (including, without limitation, reasonable legal fees and the cost of enforcing this indemnity) that it or they may suffer or incur, that have arisen out of, resulted from such breach or misrepresentation.
You grant to AIP a non-exclusive, irrevocable, worldwide, perpetual, royalty-free license to use the Member NFT for use in announced AIP Projects (the “License”). You acknowledge and agree that the inclusion of your Member NFT in an AIP Project has the potential (but not guarantee) to raise the profile and potentially the value of your Member NFT, and for that good and valuable consideration, the sufficiency of which is hereby acknowledged, the License and related rights granted herein by you shall be considered fully-paid and there shall be no royalty or other fee and/or consideration due for the License. However, AIP may, at its sole discretion, pay you an additional royalty for use of your Member NFT. Any such royalty payment shall be made to the wallet that is used when submitting or otherwise registering your Member NFT with AIP.
If you sell, trade, or otherwise transfer your Member NFT or any of the rights thereto, or otherwise wish to remove your Member NFT from the Talent Pool or from consideration for AIP Projects, you must notify AIP or otherwise use the available management tools to remove the Member NFT from such consideration and use immediately, however, the permissions and rights granted herein are perpetual and cannot be revoked once they are granted and acted upon (simply put – if you give AIP the right to use your Member NFT in an AIP Project, once they begin the process to do so, with or without notice to you, you agree that permission and the related rights cannot be revised and/or revoked).
Even if your Member NFT is used in an AIP Project, you gain no additional rights in any such AIP Project and all related rights including, without limitation, all intellectual property rights (the “IP Rights”) and the goodwill associated with such IP Rights, shall be owned by AIP and shall be the exclusive property of AIP.
If your Member NFT is used in an AIP Project, you may be given early access or other confidential and non-public information related to the business, plans and/or assets of AIP (the “Confidential Information”). You shall not disclose or use any Confidential Information that is furnished, or to be furnished, to you by AIP at any time or in any manner other than as permitted by these terms or otherwise expressly permitted in writing by AIP. In the event of a breach of the foregoing obligation, you agree to indemnify and hold AIP and its representatives harmless from any and all damages, losses, costs, and liabilities (including, without limitation, reasonable legal fees and the cost of enforcing this indemnity) that it or they may suffer or incur, that have arisen out of, resulted from such breach or improper disclosure of Confidential Information.
For all merchandise offered for sale on this website, all sales are final. Additionally, all merchandise remains our property until payment is fulfilled and the item is shipped. AIP reserves the right to cancel, hold on to, or further investigate any order, even if delivery time is impacted. AIP further reserves the right to have minor deviations related how material, color, weight, measurements, and/or manufacturing, appear on the website. If you have any questions regarding merch please contact us at Apes@ApeIn.com.
Regarding merchandise ordered on this website, your order will be sent to the address you fill in at the checkout. Estimated delivery time shall be several weeks from the closing of the applicable order window, depending on shipping country. You are responsible for all costs for customs, import fees, duties, and related taxes. You acknowledge and agree that we will in no way be deemed responsible for, any inability, interruption or delay of merch in the delivery due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout or boycott.
In the course of your ordering merchandise from our website, we collect the information you provide for the purposes of placing your order(s). We will only use your information to process your order(s) and to ship the merch to you and to communicate with you regarding the same or to otherwise provide customer support to you. We will never sell your information. We will retain, utilize and share any information only to provide the agreed-upon services to you and as otherwise necessary to comply with legal requirements, resolve disputes, and enforce our agreements. The transmission of information via the internet, email, or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through websites or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate measures to safeguard your personal information against loss, theft and unauthorized use, access or modification. Please note that we are currently utilizing Stripe for processing payments for merchandise orders, and more information as to how Stripe’s processes work can be found online at www.stripe.com. And if you have any questions about how we use or store data, please contact us Apes@ApeIn.com.
When you provide your name for a promotional offer or to enter a sweepstakes or contest, your participation in the contest constitutes the consent for the for the use of your provided information for promotional purposes and to demonstrate the transparency of a competition, without further payment or consideration.
You acknowledge and agree that you shall not use our site, NFTs, or order our merchandise in violation of the laws and regulations of any applicable jurisdiction. You warrant that you are a person or entity that is prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. laws and regulations including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control (“OFAC”). In addition, you are not any person or entity that is a Specially Designated National (“SDN”), as OFAC may so designate from time to time.
In the event any section or provision of these Terms shall be held illegal, unenforceable or inoperative as a matter of law, the remaining terms shall remain in full force and effect and shall remain valid, binding, and enforceable.
These terms constitute and represent the entire agreement between you and AIP and supersedes any prior understandings or agreements, written or oral, regarding the subject matter hereof.
The terms shall be governed by, and construed in accordance with, the laws of the State of Wyoming, without respect to its conflict of laws provisions.