OPTIMIST NFT & ATTESTATIONSTATION TERMS AND CONDITIONS

This website (“Website”) enables you to connect your compatible wallet and, if you are eligible, use OP Mainnet, a decentralized, peer-to-peer Layer 2 rollup protocol on the Ethereum public blockchain (the “Protocol”) to mint non-fungible tokens (“NFTs”) with a customized profile picture (an “Optimist NFTs” and a “PFPs”, 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 & AttestationStation Terms and Conditions (these “NFT 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 have read and agree to all of these NFT Terms, the Data Privacy Policy, and the Community Notice which are incorporated herein by reference. 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 NFT Terms carefully.  They cover important information about the Service, Optimist NFTs and PFPs, as well as information about future changes to these NFT Terms, warranty disclaimers, and limitations of liability. They require that you assume all of the risks associated with using the Service. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICE ARE SUBJECT TO THESE NFT 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. 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; AttestationStation

When 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) to post permanent, publicly available attestations about, among other things, 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. Accessing the Service 

To access the Service you must use non-custodial wallet software (a “Web3 wallet”), which constructs and broadcasts the data (“transactions”) that allows you to interact with the Protocol. By using your Web3 wallet in connection with accessing the Service, you agree that you are using the Web3 wallet under the terms and conditions of the applicable provider of the Web3 wallet. No Web3 wallet is created by, operated by, maintained by, or affiliated with us. Accordingly, we do not have custody or control over the contents of your Web3 wallet and we have no ability to retrieve or transfer its contents. Your relationship with any given Web3 wallet provider is governed by the applicable terms of service of that third party, not these NFT Terms.

4. Restrictions on use of the Service

You represent, warrant, and agree that you will not provide or contribute anything to the Service or submit any attestation to the AttestationStation through the Service, or otherwise use or interact with the Service, in a manner that: (a) infringes or violates the intellectual property rights or any other rights of anyone else (including us); (b) violates (i) 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 or (ii) any other purpose not reasonably intended by us; (b) is dangerous, harmful, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (c) violates, compromises, or interferes with the security, integrity or availability of any computer, network, or technology; or (d) otherwise violates these NFT Terms.

A violation of any of the foregoing is grounds for termination of your right to use or access the Service. We reserve the right to take whatever action we deem appropriate, including but not limited to suspending your ability to use the Service, if we suspect you have violated any of these restrictions.

5. Service vs. Protocol; Risks

The Service facilitates your ability to access, but is distinct from, the Protocol. The Service provides one, but not the exclusive, means of accessing the Protocol. The Foundation does not own or control the Protocol, which is public, permissionless, and runs on open-source self-executing smart contracts. 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 or the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Service or the Protocol.

The Service is experimental in nature. It represents an example reference implementation only. It is not intended to be used as a primary means of accessing or interacting with the Protocol.

6. Release of claims

You expressly agree that you assume all risks in connection with accessing and using the Service, the associated smart contracts, the AttestationStation, the Optimist NFTs and the PFPs and your interaction with the Protocol. You further expressly waive and release the Foundation, as well as its affiliates and service providers, and each of their respective past, present and future officers, directors, members, employees, consultants, representatives and agents, and each of their respective successors and assigns (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.

7. Disclaimers
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THE SERVICE IS PROVIDED BY US 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 WILL BE UNINTERRUPTED OR ERROR-FREE.

WE LIKEWISE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PROTOCOL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AVAILABILITY, ACCESSIBILITY, OR USE OF THE PROTOCOL WILL BE UNINTERRUPTED OR ERROR-FREE.

8. 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.

9. 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 NFT Terms on your behalf). If you’re agreeing to these NFT Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these NFT Terms on that organization’s or entity’s behalf and bind them to these NFT Terms (in which case, the references to “you” and “your” in these NFT 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 and warrant that you are not, and for the duration of the time you use the Service will not be (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the United Nations Security Council, the European Union, His Majesty’s Treasury, and U.S. Department of Treasury), or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, European Union, any EU country, UK Treasury, or the United States, including without limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran, North Korea, Russia, Syria, or Yemen. If at any point the above is no longer true, you must immediately cease using the Service.
   
   c. Changes to terms.  We reserve the right to change these NFT Terms at any time by updating these NFT Terms on the Website and updating the “last updated” date on the bottom of this page. If you don’t agree with the changes to these NFT 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 NFT 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 NFT Terms will be effective unless in writing and signed by both you and us.
   
   d. Entire agreement; Severability.  These NFT 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 NFT 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 NFT Terms will continue in full force and effect.
   
   e. Governing Law. These NFT 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.
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Date Last Updated: March 2, 2023