This NFT PORTAL POINT License Agreement (the “License”) is a legally binding agreement between Pointgrow (“we,” “our,” or “us”) and you (“you” or “User”). By acquiring a PORTAL POINT NFT, you obtain full ownership of the personal property rights to the underlying token (for example, the right to freely sell, transfer, or otherwise dispose of the PORTAL POINT NFT). However, you do not acquire ownership of the associated artwork, branding, game assets, or any other intellectual property tied to that PORTAL POINT NFT, except for the specific licensed rights granted to you as outlined in this Agreement.
Definitions
“PORTAL POINT NFT” means any non-fungible token issued under the PORTAL POINT brand or theme, created by or on behalf of Pointgrow.
“PORTAL POINT NFT Art” refers to the artwork, images, or original content associated with a specific PORTAL POINT NFT.
“PORTAL POINT Trademarks” means any logos, trademarks, service marks, or trade dress associated with PORTAL POINT, including portalpoint.io, PORTAL POINT NFTs, and Pointgrow’s brand assets. This includes the names “PORTAL POINT,” “Grabber,” “Rusty,” “Lyumy,” and any character names, product titles, or services developed by us within the PORTAL ecosystem.
“Pointgrow,” “we,” “our,” or “us” refers to Pointgrow and/or its affiliates.
“Commercial Use” means any activity conducted for monetary gain, such as selling or transferring items (including NFTs) on any marketplace, creating and selling merchandise, or developing comics, games, or interactive content.
“Founding 1000 Portal-keys” refers to the original set of 1,000 Portal-key NFTs created by Pointgrow, with token IDs ranging from 0001 to 1000.
“NFT” means any non-fungible token recorded on a blockchain, including those conforming to the TON Blockchain standard (TIP) or any other non-fungible token protocol.
“You” or “Your” refers to the lawful owner of a PORTAL POINT NFT.
License Grant
As long as you remain the lawful owner of your PORTAL POINT NFT and comply with the terms of this License, Pointgrow hereby grants you the following rights:
Personal Use License
A non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify, and create derivative works based on the PORTAL POINT NFT Art associated with your NFT solely for personal, non-commercial purposes. This includes, for example, displaying the art in your wallet, using it as a profile picture, or adapting it (e.g., pixelating) for use on third-party platforms.
Commercial Use License
A non-exclusive, worldwide, royalty-free, sublicensable license (solely to service providers assisting with your Commercial Use) to use, copy, reproduce, and display the PORTAL POINT NFT Art associated with your NFT for Commercial Use.
This Commercial Use License does not include the right to create derivative works, except as reasonably necessary to adapt and display the PORTAL POINT NFT Art on or within merchandise, media, or other products as permitted by this License. Derivative works beyond such scope require separate written permission from Pointgrow.
This license does allow you to mint and launch new NFTs or NFT-related projects based on the PORTAL POINT NFT Art you own — as long as you do not use any PORTAL POINT Trademarks to brand, market, or promote those derivative projects.
Exclusion for Third-Party Content
From time to time, we may collaborate with external partners to release PORTAL POINT NFTs that incorporate third-party artwork, logos, creative assets, trademarks, or service marks (“Third-Party Content”). This License does not extend to any PORTAL POINT NFTs or Art containing such Third-Party Content, and you may not use, reproduce, display, adapt, or create derivative NFTs or other works based on that Third-Party Content unless Pointgrow or the applicable rights holder has explicitly granted permission in writing or through a public announcement.
In summary: You may use your PORTAL POINT NFT for commercial purposes — even to sell derivative works — provided you don’t use any PORTAL POINT Trademarks or restricted content. However, if your NFT includes content owned by third parties as part of a collaboration, you cannot use it commercially without explicit permission.
Derivative Works, Trademarks, Transfers, and Restrictions
Derivative Works and Modifications
We recognize that you may wish to create modifications or derivative works based on your PORTAL POINT NFT Art, and you are permitted to do so under the licenses granted above. However, you acknowledge and agree that Pointgrow may also modify, update, or create derivative works based on any PORTAL POINT NFT Art, and may develop original content that is similar or even identical to adaptations, derivative works, or modifications you have created.
Accordingly, on behalf of yourself and your heirs, successors, and assigns, you irrevocably agree not to assert, file, or pursue any claims, demands, or legal actions against Pointgrow, its affiliates, or its licensees in relation to their use of any PORTAL POINT NFT Art or related adaptations, even if such use is similar or identical to your own creations.
No Trademark Rights
Nothing in this License shall be interpreted as granting you any rights to use PORTAL POINT Trademarks owned by Pointgrow. Without our prior written consent, you may not use any PORTAL POINT Trademarks for any commercial purpose, including registering domain names, social media accounts, or product lines that incorporate or reference such trademarks.
This includes any PORTAL POINT Trademarks that appear within the artwork tied to your NFT. If you wish to use such artwork for commercial purposes, you must first remove or obscure any PORTAL POINT branding or trademarks. Additionally, you may not remove, hide, or alter any trademark, copyright, or other intellectual property notices embedded in or associated with your PORTAL POINT NFT or its related Art.
Transfers
The licenses granted under this Agreement are non-transferable, except in the case where you legally sell or transfer your PORTAL POINT NFT to another party. Upon such sale or transfer, your rights under this License automatically terminate, and the rights are transferred to the new owner of the NFT along with the underlying Art.
By acquiring, accepting, or purchasing a PORTAL POINT NFT, any new owner is deemed to have accepted the terms of this License. You may not transfer your PORTAL POINT NFT to any individual or entity that is located in a country subject to U.S. government embargoes, is listed as supporting terrorism, or is otherwise listed by the U.S. government as a prohibited or restricted party.
Use Restrictions
Notwithstanding the foregoing, you may not use the PORTAL POINT NFT Art in any way that is unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, violent, obscene, or otherwise objectionable, or in connection with any activity that promotes such behavior.
Reservation of Rights
All rights in and to the PORTAL POINT NFT Art and any other intellectual property of Pointgrow not expressly granted in this License are hereby reserved by Pointgrow. Any goodwill arising from your use of PORTAL POINT trademarks shall inure exclusively to the benefit of Pointgrow and its affiliates.