Loach Studio LLC Terms of Service
Effective Date: December 28th, 2024
Welcome to Loach Studio LLC (“we,” “us,” or “our”). By accessing, using, or interacting with our website, services, NFTs, or smart contracts, you agree to these Terms of Service (“Terms”). These Terms apply to all visitors, users, and purchasers of digital assets or services provided by Loach Studio LLC. If you do not agree to these Terms, you should refrain from using our services.
1. Scope of Services
1.1 Digital Collectibles and NFTs
Loach Studio LLC offers digital collectibles in the form of non-fungible tokens (NFTs). These NFTs represent unique digital assets, such as artwork or media, intended for entertainment, creative expression, and personal enjoyment.
1.2 Smart Contracts
We may deploy smart contracts to enable functionalities such as minting, trading, or interacting with digital assets. Participation in these features is entirely optional and subject to the terms of the specific smart contract.
1.3 Website
Our website provides information, updates, and tools for accessing our services and projects. By using our website, you agree to comply with these Terms and any additional guidelines or policies posted.
1.4 Collection- or Series-Specific Terms
Each NFT collection or series released by Loach Studio LLC may be governed by its own specific terms of service or licensing agreements. These terms will be advertised alongside the collection, series, or NFTs themselves and may alter or override specific provisions of this document.
- In the absence of specific terms for an NFT collection or series, these Terms apply by default.
- By purchasing, using, or interacting with any NFT, you agree to review and accept the terms specific to that collection or series if they exist.
2. Nature of NFTs
2.1 Digital Collectibles Only
Our NFTs are digital collectibles designed for personal enjoyment and creative use. They are not securities, investment contracts, or financial instruments.
2.2 Not Investments
By purchasing an NFT from Loach Studio LLC, you acknowledge and agree that:
- There is no expectation of profit, financial return, or value appreciation.
- Ownership does not confer any ownership interest, voting rights, or equity in Loach Studio LLC or any related business entity.
- The value of an NFT may fluctuate based on market conditions, demand, or personal preference, and no guarantees or promises are made regarding resale value.
2.3 Multiple Collections
Loach Studio LLC may release NFTs in separate collections, each with its own unique terms, artwork, and branding. Ownership of an NFT from one collection does not confer any rights, privileges, or financial interest in other collections or future releases.
3. Licensing Rights
3.1 Ownership of the NFT
When you purchase an NFT from Loach Studio LLC, you own the NFT itself as recorded on the blockchain. Ownership grants you full control over the NFT, including the ability to sell, transfer, or trade it.
3.2 License to Use
As the current holder of an NFT, Loach Studio LLC grants you the following rights:
- Personal Use: You may use the associated digital content for personal, non-commercial purposes, such as profile pictures, social media banners, or creative projects.
- Commercial Use: You may use the associated digital content for commercial purposes, such as merchandise or branding, excluding the creation of derivative NFTs or competing projects.
3.3 Transferability of License
The license described above is:
- Irrevocable: The rights granted are permanent and cannot be revoked.
- Tied to Ownership: The license transfers automatically to the new owner upon sale or transfer of the NFT. Only the current NFT holder has the rights to use the associated digital content.
3.4 Retained Rights
Loach Studio LLC retains all copyrights, trademarks, and intellectual property rights to the associated digital content, except for the specific licenses granted under these Terms.
4. Prohibited Uses
4.1 Illegal Activities
You may not use Loach Studio LLC’s name, projects, NFTs, digital content, or smart contracts in connection with any illegal or harmful activities.
4.2 Derivative NFTs
You may not use the associated digital content to create or mint derivative NFTs or collections that compete with Loach Studio LLC projects.
4.3 Misrepresentation
You may not misrepresent ownership, affiliation, or association with Loach Studio LLC beyond the rights granted in these Terms.
5. Smart Contracts
5.1 General Use of Smart Contracts
Loach Studio LLC may deploy smart contracts to enhance the functionality of our NFTs and services. These features are optional and subject to the terms of the specific smart contract.
5.2 No Guarantees
Loach Studio LLC makes no representations or warranties regarding the operation, outcome, or security of any smart contracts, whether created by us or third parties. Interacting with smart contracts is entirely at your own risk.
5.3 Future Smart Contracts
We may introduce additional smart contract features at our discretion. These features will not alter the existing ownership rights or licensing granted under these Terms.
6. Disclaimers
6.1 No Investment Value
Loach Studio LLC does not sell NFTs as investments. The primary purpose of our NFTs is as digital collectibles for entertainment and creative use.
6.2 No Reliance on Future Efforts
Ownership of an NFT does not depend on or entitle the holder to future services, efforts, or actions by Loach Studio LLC. Our NFTs are sold as completed digital assets.
6.3 Assumption of Risk
By using our services or purchasing NFTs, you acknowledge that:
- The value of NFTs is speculative and may fluctuate.
- Loach Studio LLC is not responsible for any losses, including loss of value, data, or opportunities.
- Our NFTs and services are provided "as is" without warranties of any kind.
6.4 Purchaser Responsibility
Details regarding the quantity of NFTs, allocation to team members, and randomness may vary across collections or projects. These details are outside the scope of this document. By interacting with Loach Studio LLC’s NFTs or services, you agree to review all future documentation and disclosures thoroughly before participating.
6.5 Consultation with Legal Counsel
By using Loach Studio LLC’s services or purchasing NFTs, you acknowledge that you have had the opportunity to review these Terms and, if necessary, consult with your own legal or professional advisors before agreeing. Loach Studio LLC does not provide legal, financial, or tax advice, and nothing in these Terms should be interpreted as such.
7. Limitation of Liability
To the fullest extent permitted by law, Loach Studio LLC is not liable for any indirect, incidental, or consequential damages arising from the use of our services, NFTs, or smart contracts.
8. Governing Law
These Terms are governed by the laws of the state of Pennsylvania, USA. Any disputes arising from these Terms or Loach Studio LLC’s services will be resolved in the courts of Pennsylvania.
9. Changes to Terms
Loach Studio LLC reserves the right to update or amend these Terms at any time. Changes will be effective upon posting to our official website or platform. Continued use of our services constitutes acceptance of the updated Terms.
10. Contact Us
For any questions or concerns regarding these Terms, please contact us at:
Loach Studio LLC
3151 Cape Horn Rd
PMB 3006
Red Lion, PA 17356
This address may change, please refer to the website for up-to-date contact.