Purchase Limit Reached!

Effective Date: 12/11/2024

1. Acceptance of Terms

By purchasing, holding, or using any Non-Fungible Tokens ("NFTs") created by Less Than Three LLC ("Company"), you ("User") agree to be bound by these Terms of Service ("ToS") and the Intellectual Property License Agreement ("IP License Agreement") included herein. If you do not agree to these terms, you must not purchase, hold, or use the NFTs.

2. Intellectual Property License Agreement

Definitions

"NFT Marketplace": Any third-party marketplace or service where the NFTs are created, sold, transferred, or managed.

"Intellectual Property": The specific combinations of traits in the NFTs licensed to Users under this Agreement.

"Licensed Territory": Worldwide.

"Licensed Use": The use of the specific combinations of traits in the NFTs as a whole, without modifying or using individual traits separately, for commercial purposes, subject to the restrictions set forth in this Agreement.

"NFT": The Non-Fungible Tokens associated with specific combinations of traits.

Grant of License

Less Than Three LLC hereby grants the User a non-exclusive, transferable, and non-sublicensable license to use the specific combinations of traits in the NFTs owned by the User, in the Licensed Territory, solely for the Licensed Use, effective immediately upon acceptance of these terms.

By purchasing, holding, or receiving the NFT through transfer, whether on a third-party NFT Marketplace or any other platform, the User agrees to be bound by the terms of this Agreement without the need for a separate signature.

Reservation of Rights:

Less Than Three LLC retains all rights not expressly granted to the User in this Agreement. Specifically:

Ownership of Traits: The Company retains all rights, title, and interest in each individual trait that comprises the combinations of traits in the NFTs, including the right to use these traits for any commercial purpose.

Use of Complete NFTs: Less Than Three LLC retains the right to use any complete NFT, including its specific combination of traits, for its own commercial purposes, such as marketing, promotion, or other business activities, without requiring permission from or compensation to the User.

The license granted to the User does not limit or infringe upon the Company’s rights to utilize the NFT or its components in any way.

Restrictions on Use

The User agrees not to:

Use the combinations of traits in the NFTs for any racist, homophobic, or otherwise discriminatory or offensive purposes.

Separate or modify the individual traits within the combinations of traits for use independently or in new combinations.

Use any other brand-related property, including logos, trademarks, or other proprietary elements, without prior written permission from Less Than Three LLC.

Transfer, sublicense, or otherwise permit any third party to use the Intellectual Property without prior written consent from Less Than Three LLC, except as provided in the Transferability of License clause.

Quality Control and Compliance

The User agrees to:

Maintain the quality and integrity of the combinations of traits in the NFTs.

Comply with all applicable laws and regulations related to the use of the Intellectual Property.

Confidentiality

The User agrees to maintain the confidentiality of any proprietary information received from Less Than Three LLC and shall not disclose such information to any third party without Less Than Three LLC’s prior written consent.

Term and Termination

This Agreement shall commence upon acceptance of these terms and continue until terminated as provided herein. Less Than Three LLC may terminate this Agreement immediately if the User uses the Intellectual Property for any prohibited purposes as outlined in Section 4.

Indemnification

The User agrees to indemnify, defend, and hold harmless Less Than Three LLC from any claims, damages, or liabilities arising out of the User's use of the Intellectual Property in violation of this Agreement.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with Florida Law. Any disputes arising under this Agreement shall be resolved through mediation, arbitration, or court jurisdiction.

Miscellaneous Provisions

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

Amendments: Any amendments must be in writing and signed by both parties.

Notices: Notices shall be sent to the addresses listed above.

3. Changes to the ToS

Less Than Three LLC reserves the right to modify these ToS at any time. Users will be notified of any changes through Less Than Three LLC’s verified X and Discord accounts. Continued use of the NFTs after any such changes shall constitute acceptance of the new ToS.

4. Notification and Acceptance

Current NFT holders will be notified of these new terms via Less Than Three LLC’s X and Discord. If a User does not agree to these new terms, they must notify Less Than Three LLC within 30 days and cease all use of the NFTs. Continued use or holding of the NFTs after the notification period will constitute acceptance of the new terms.