Terms and Conditions

1. Introduction

If you’re reading these updated terms, then we are well beyond our initial launch but we are not done with our roadmap. We have many things in the future for those who are involved in our movement and project! Thank you so much for visiting our terms and conditions and if you have any questions feel free to reach out to us in the Discord or on Twitter.

2. Definitions

"CyberKongz" refers to both the original collection of 5,000 randomly generated 2D avatars as well as "CyberKongz VX," a collection of 15,000 randomly generated 3D avatars.
"CyberKongz VX" when specifically mentioned, refers only to the collection of 15,000 3D avatars built for the metaverse and beyond.
“CyberKongz NFT” is defined as any individual art, design, 2D drawings or 3D models that may be associated with a CyberKongzNFT that you Own.
“Own” is defined as possession of a CyberKongz NFT in your Ethereum wallet, where proof of such possession is recorded on the blockchain.
"Rig/Image/Model" are defined as individual VXR/VXA/VXM/VOX/GLTF/GLB/OBJ Models, PNG/GIF/JPEG and underlying files containing all proprietary CyberKongz traits.
"Traits" are defined as the distinguishing characteristics and proprietary individually layered art files associated with each CyberKongz NFT. These includes but is not limited to Eyes, Eyewear, Mouths, Headwear, Body, Clothing, Background and Accessories as well as Wearables and Equipment for CyberKongz VX.

3. What We Own

The name and Intellectual Property involved in the CyberKongz Project (“CyberKongz”) is owned by our team. All rights that are not specifically granted to the users and owners of CyberKongz below are reserved by the team or potential future DAO. This includes but is not limited to the intellectual property rights surrounding the “CyberKongz” and “CyberKongz VX” names, logos, 3d layer files, trademarks, the website, the look and feel of the user interface, the smart contract code, or anything else not specifically granted by any following licenses.

4. You Own Your CyberKongz

By holding a CyberKongz NFT in your Ethereum wallet, you gain full and complete ownership of your NFT as well as the opportunity to utilize this NFT in minting or receiving subsequent opportunities available only to CyberKongz holders.
All NFTs ownership is verified cryptographically on the Ethereum Blockchain. This is proof of ownership and grants rights within this document. Once the NFT leaves ownership, all Personal and Commercial use terms are revoked.

5. Personal Use:

Subject to compliance with these terms, CyberKongz grants you a royalty-free license to use, copy, display, and modify the Cyberkongz NFTs that you own for CyberKongz NFT Art. This usage is granted world-wide.
This usage is for the limited purposes of:
  • Personal and Non-Commercial Use
  • Display and usage of your NFT on External Websites
  • Ability to Buy, Sell, and Trade your NFT

6. Commercial and Derivative Rights

We appreciate your desire to utilize CyberKongz in various commercial ways, and we are open to you doing just that! When it comes to limiting commercial rights, however, we want you as an NFT holder to realize that you must use the CyberKong in its entirety!
Use of the CyberKongz NFT Licensed Materials must be in full and in their entirety. Licensed use of CyberKongz and CyberKongz VX must include the complete Rig/Image/Model and rights are reserved for any and all underlying image files including layered filed for individual proprietary CyberKongz traits (ex Rainbow Shades, Top Hats, etc.) or the individual proprietary VOX and VXM files that complete each asset. These rights are reserved for the Team and are expressly prohibited to be used outside of the full Rig/Image/Model. These individual layered files are proprietary and of CyberKongz's own creation.
CyberKongz expressly prohibits the use of any proprietary, individual traits or crafted layers in any and all other projects. CyberKongz also prohibits the sale or promotion of counterfeit NFTs or NFT collections. Counterfeit NFTs or collections contain art that is identical to or substantially indistinguishable from the original CyberKongz collection, including:
  • NFTs described as knock off, replica, imitation, clone, faux, fake, mirror image, or similar terms when referring to an NFT or NFT Collection in an attempt to pass themselves off as genuine CyberKongz creations.
  • Non-genuine products that mimic CyberKongz features or proprietary traits in an attempt to pass themselves off as genuine CyberKongz creations.
Otherwise, you are free to use your CyberKongz in the fullest sense of commercial and derivative use cases.
However, user shall not use any CyberKongz Licensed Materials in any way, or in connection with any material, which is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations and you shall indemnify and defend CyberKongz against any claims, damages, proceedings, loss or costs arising from such use. User shall not use the CyberKongz Licensed Materials in any way that could be construed as being adverse or derogatory to the image of CyberKongz or any of its subjects.

7. Adjusting or Delisting CyberKongz Assets

CyberKongz come with the ability to change the Name and Bio of the Kongz on-chain by burning $Banana token. These changes are then visible on Opensea and on our website. In the event that you change the name or bio of any CyberKongz to reflect pornography, hate speech, or other language that the community deems out of line it may be hidden from our website and api or be changed as we reserve the right to protect the integrity of our project.

8. Future Projects

By holding a CyberKongz NFT, you will have the opportunity to participate in a variety of future opportunities, including but not limited to: CyberKongz VX mint reservation, airdrops, access to events in The Sandbox, etc.

9. CyberKongz are NOT Investment Vehicles

CyberKongz are collectible digital art pieces that also function as fun, Non-Fungible Tokens for you to collect. They were created as art pieces intended for people to enjoy by collecting, not as a financial instrument. CyberKongz makes absolutely no promises or guarantees regarding the value of CyberKongz NFTs aside from the one that we will strive to do the best for the project and the community.

10. Taxes

You are entirely and solely responsible for any tax liability which may arise from minting, selling or owning your CyberKongz NFTs.

11. Children

The CyberKongz project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.

These Terms are Subject to Change

We may revise these Terms from time to time, but the most current version will always be on cyberkongz.com/terms. You are responsible for reviewing and becoming familiar with any such modifications. Revisions deemed material, in the sole discretion of CyberKongz, will include a notification via Twitter or Discord. By continuing to access the CyberKongz website and by holding a CyberKongz NFT, you agree to be bound by the current Terms.