INTELLECTUAL PROPERTY RIGHTS:
Each creator or artist that mints content using the Site and/or Zora Protocol reserves all intellectual property rights in and to such content, unless specifically granted.
You warrant and represent that you have the right to enter into and to fully perform this Agreement and to grant the rights granted to Holly+ & Zora hereunder free of any claims. You further warrant and represent that any materials used or incorporated in the work uploaded to Holly+ (including but not limited to any so-called “samples”) will not infringe upon the rights of any third party, and you will obtain all necessary licenses, approvals, consents and permissions (including, without limitation, for any samples), prior to delivery of each applicable Work. You further undertake to be fully responsible and liable for any claim by a third party in connection with any uncleared use of samples contained in any submitted Work. Upon notification from any third party of an uncleared use, you will timely obtain the necessary permissions and be fully responsible for any payments made or to be made and/or for any liability incurred in connection therewith. You will arrange for and obtain any necessary approvals from any company which may be entitled to your recording services.
Holly+ warrants and represents that Holly+ has the right to enter into and to fully perform this Agreement and to grant the rights granted to Holly+ hereunder free of any claims.
Each party will indemnify and hold the other party and its assigns harmless from any and all liabilities, claims, demands, losses, expenses, and damages (including reasonable attorneys’ fees) in connection with any breach or alleged breach of this Agreement, including all claims by third parties which are inconsistent with any of the warranties, representations, or agreements made in this Agreement. You agree to reimburse Holly+ on demand for any payment made with respect to any liability or claim to which the foregoing indemnity applies.
Works created with Holly+ and submitted via this auction site will be processed via Zora’s auction model and go through a selective Holly+ DAO approval process. Works submitted by You are subject to the Intellectual Property Rights discussed above.
Should the DAO approve the work, an NFT will be minted via Zora, with 50% of the initial sale shared with You, the creator of the new work. 40% of profits will be distributed amongst Holly+ DAO members, and 10% will go to Holly Herndon directly.
On additional sales via the secondary market, 10% of the sale price goes back to the original creator, You, which will be subject to the 50% / 40% / 10% profit model split mentioned above, with 50% of the 10% going to You, 40% to be distributed amongst Holly+ DAO members, and 10% will go to Holly Herndon directly.