OPTIMIST NFT & ATTESTATIONSTATION TERMS AND CONDITIONS

This website (“Website”) enables you to connect your compatible wallet and, if you are eligible, mint on the “Optimism” protocol (the “Protocol”) a non-fungible token (“NFT”) with a customized profile picture (an “Optimist NFT” and a “PFP”, respectively) and interact with certain smart contracts deployed on the Protocol (collectively, the “Service”). Please read on to learn the terms and conditions that govern your use of the Service and apply to each Optimist NFT and the associated PFP.

These Optimist NFT Terms and Conditions (“Terms”) are a binding contract between you and the Optimism Foundation (the “Foundation”, “we”, “our”, or “us”). Your use of the Service in any way means that you agree to all of these Terms. If you have any questions, comments, or concerns regarding these Terms or the Service, you may contact us at legal@optimism.io.

Please read these Terms carefully. They cover important information about the Service, Optimist NFTs and PFPs, as well as information about future changes to these Terms, warranty disclaimers, and limitations of liability. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICE ARE SUBJECT TO THESE TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY MANNER.

1. Creative Commons (CC0) License

  • a. All copyrights in each PFP image associated with an Optimist NFT that is minted using the Service (i.e., the whole customized PFP image) is dedicated to the public domain under the Creative Commons Zero (CC0). The full text of the CC0 license can be read here:   https://creativecommons.org/publicdomain/zero/1.0/legalcode. We and you hereby waive any copyrights we and you may have in each customized PFP image associated with an Optimist NFT that is minted using the Service.

    b. For clarity, the above paragraph applies only to the whole customized PFP image associated with each Optimist NFT, and not any of the individual PFP elements made available by the Foundation on the Website for users to combine to customize a PFP, or any other intellectual property we may own, all of which the Foundation shall retain ownership of all right, title and interest in and to.

2. Minting an Optimist NFT; AttestationStationWhen you mint an Optimist NFT, your Optimist NFT will be permanently linked to your wallet address and will not be transferable, and other users will be able to use the “AttestationStation” (an attestation smart contract deployed on the Protocol which you can read more about here: https://community.optimism.io/docs/governance/attestation-station/) to post permanent, publicly available attestations about your Optimist NFT. When you or others submit information or attestations in minting an Optimist NFT or using the AttestationStation, you and they are interacting directly with the Protocol and smart contracts deployed on the Protocol and entering that information into an on-chain permanent repository, where it will be publicly accessible and cannot be deleted.

3. Restrictions on use of the ServicesYou represent, warrant, and agree that you will not provide or contribute anything to the Service or submit any attestation to the AttestationStation, or otherwise use or interact with the Service, in a manner that:- violates any law or regulation, including, without limitation, any applicable export control laws, sanctions laws, securities laws, anti-money laundering laws, privacy laws or any other unlawful purpose;- is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; or- violates, compromises, or interferes with the security, integrity or availability of any computer, network, or technology.A violation of any of the foregoing is grounds for termination of your right to use or access the Service.

4. Service vs. Protocol; Risks

The Protocol is a decentralized peer-to-peer protocol that runs on the Ethereum blockchain. Although the Foundation has developed substantial portions of the initial code for the Protocol, it does not provide, own, or control the Protocol, which is run by smart contracts deployed on the Ethereum blockchain. Your use of the Protocol may involve various risks, including, but not limited to, losses of digital assets. You are solely responsible for your wallets, for safeguarding the associated private key and for any activity that occurs using your wallet. You acknowledge that we are not responsible for any risks associated with your use of the Service, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Service.

5. Release of claims

You expressly agree that you assume all risks in connection with accessing and using the Service, the associated smart contracts, the Optimist NFTs and the PFPs and your interaction with the Protocol. You further expressly waive and release the Foundation, each of its officers, directors, members, employees, consultants, representatives, agents, and service providers, and each of the respective successors and assigns of any of the foregoing (collectively, the “Foundation Parties”) from any and all liability, claims, causes of action, or damages arising from or in any way relating to the Service, the associated smart contracts, any Optimist NFT, any PFP or the AttestationStation, or your interaction with the Protocol.

6. Disclaimers

THE SERVICE, THE ASSOCIATED SMART CONTRACTS, THE OPTIMIST NFTS AND THE PFPS ARE PROVIDED BY THE FOUNDATION ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY OR USE OF THE SERVICE, THE ASSOCIATED SMART CONTRACTS, OPTIMIST NFTS, PFPS OR THE PROTOCOL WILL BE UNINTERRUPTED OR ERROR-FREE, ALL OF WHICH THE FOUNDATION HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO.

7. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY FOUNDATION PARTY BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE, THE ASSOCIATED SMART CONTRACTS, OPTIMIST NFTS, PFPS, ATTESTATIONS OR THE PROTOCOL FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. Miscellaneous

  1. a. Authority to contract.  You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

    b.Legal compliance.  You will comply with all laws that apply to you, your use of the Service, and your actions and omissions that relate to the Service. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your using the Service in a way that breaks the law. Without limiting the foregoing, you represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, and that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity.

    c. Changes to terms.  We reserve the right to change these Terms at any time by updating these Terms on the Website. If you don’t agree with the changes to these Terms, you are free to reject those changes; unfortunately, that means you will no longer be able to use the Service. If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

    d. Entire agreement; Severability.  These Terms and any other terms we provide in connection with specific pages, products, or services constitute the sole and entire agreement between you and the Foundation regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

    e. Governing Law.  These Terms are governed by and will be construed under the laws of the Cayman Islands, excluding its body of law controlling conflict of laws. You agree that the Service shall be deemed to be based solely in the Cayman Islands, and that although the Service may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the Cayman Islands. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act. Both you and the Foundation agree that any judicial proceeding (other than small claims actions) will be brought in the courts located in the Cayman Islands.  

Date Last Updated: December 13, 2022