Polyverse Pass and Polypixos Terms and Conditions (“T&C”)
Polyverse pass and Polypixos is a collection of digital assets (NFTs) running on the Ethereum network (herein “POLYVERSE PASS”). The collection of this digital property is a creation between the following natural persons who are known in the world of digital assets as “Aaron Jablonski” & “Giusy Amoroso” (all of them the “PP FOUNDERS or PP ORIGINATORS”).
POLYVERSE PASS & POLYPIXOS is the name of two different Non Fungible tokens that run on the Ethereum network.
The respective proprietors of this token is the party making the App available for you to use, and you must agree to these T&C and any other terms and conditions incorporated or referenced herein (the T&C and any additional terms and conditions incorporated or referenced herein are collectively referred to as the “Terms”).
PLEASE READ THESE TERMS CAREFULLY BEFORE THE PURCHASE OF THE NFT, THE SMART CONTRACTS, ON THE SITE. THESE TERMS GOVERN YOUR USE OF THE APP, THE SMART CONTRACTS, AND THE SITE UNLESS THE OWNERS OF POLYVERSE PASS AND POLYPIXOS HAVE AGREED TO A DIFFERENT WRITTEN AGREEMENT WITH YOU TO THE CONTRARY, SIGNED BY BOTH PARTIES. THE PP FOUNDERS ARE ONLY WILLING TO MAKE THE SALE OF THE TOKEN, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY PART THEREOF, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS CONTAINED HEREIN. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT COMPANY OR LEGAL ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE NOT WILLING TO MAKE THE APP, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT FULLY AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, THE SMART CONTRACTS, OR THE SITE.
THE APP: (a) To use the App, it is compulsory that you have a web browser and an Ethereum wallet compatible with the Non-Fungible Token (NFT) standard established on the Ethereum network. (b) All transactions carried out with respect to POLYVERSE PASS AND POLYPIXOS are regulated and confirmed via the Ethereum blockchain. You understand that your Ethereum public address may be made publicly visible whenever you engage in a transaction. (c) We are not in control or the owner of your web browser, your Ethereum wallet, the Ethereum network, or any other third-party site, product, or service that you might access, visit or use to allow you to perform a transaction with your ETHEREUM ADDRESS. We are not liable for any acts or omissions of any such third parties, nor will we be held responsible for any damage that you may be subjected to as a result of your transactions or any other interaction with any such third parties. (d) You may be able to create an account on the Site. If so, you agree to provide true, accurate, and complete information about yourself. If you notice any unauthorized use of your account, contact us immediately. (e) Certain pricing data that has been loaded and collected from the Ethereum blockchain might be shown on the App. We are not accountable for any incorrect information or typographical errors of any kind, including any incorrect information that is due to a coding error, blockchain code errors, or due to a data outage. You have the sole duty and obligation to verify any and all pricing data on your own and make decisions based on the information and data you have derived. (f) Any calculations that are displayed on the App are in no way predictions for value but for information purposes only. You agree that you will not interpret these calculations as predictions of future prices or values in any way or that we are giving you any advice on what to purchase or not to purchase. All such decisions are made at your sole discretion without dependency on any information provided on the App. (g) We are not responsible or liable for any cancellation of transactions by a seller.
Purchasing POLYVERSE PASS AND POLYPIXOS TOKEN: Limited amount of tokens will be available for sale when the Site is launched. The first stage of sale will start at the time the Site is launched. At this time, me, You can purchase a token on the Site using an Ethereum wallet that is compatible with the NFT standard on the Ethereum network. All transactions carried out are final, and we do not guarantee that all interested buyers will be able to purchase a token before they are sold out. We disclaim all liability in connection with the purchase of any polyverse pass and polypixos token. You have the sole responsibility to confirm that your purchase of any of the tokens has been completed. We reserve the right to terminate or end the first stage of the sale of the PP(“polyverse pass and polypixos”) token at any time.
OWNERSHIP; LICENSE; RESTRICTIONS.
(a) Definition of terms: (i) “PP tokens means any token that may be associated with a PP that you Own. (ii) “Own” means, with respect to a PP that you have rightfully procured from a legitimate source, where the proof of such a transaction is recorded on the relevant Ethereum blockchain. (iii) “Purchased “PP token” means a token that you exclusively own. (iv) “Third Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognised in any country or jurisdiction in the world.
(b) Ownership. (i) When you purchase a PP token, you have ownership over only the NFT, not any associated properties. Each PP is associated with a non-fungible token (an “NFT”) on the Ethereum blockchain such that When you acquire a PP token, you own only the NFT,not any other associated materials, or any Third Party IP. You can decide to trade the NFT, sell it, or give it away for free. Ownership of the NFT is governed solely by the Smart Contract and the Ethereum Network. (ii) We Own the App, and the App includes the token. You acknowledge and agree that the “licensors or the Polypixos founders” owns all legal right, title and interest in and to all other elements of the App, and all intellectual property rights therein (including, without limitation, all, names, copyrights, trademarks, patents, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the App (collectively, the “POLYPIXOS materials”). You acknowledge that the Polyverse pass and Polypixos Materials are protected by, as applicable, copyright, trademark laws, patent, and international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All trademarks, service marks, and trade names associated with the App or otherwise contained in PP Materials are proprietary to Polyverse pass and Polypixos or the Owners. You may not use the Polyverse pass and Polypixos name without the prior written consent of the owners. Except as expressly set forth herein, your use of the App does not grant you ownership of or any other rights with respect to any content, code, data, or other Polypixos Materials that you may access on or through the App. To avoid doubts, you understand and agree: (a) that your acquisition or purchase of a PP token, whether via the App or otherwise, does not give you any rights or licenses in or to the Polypixos Materials (including, without limitation, our copyright in and to the associated tokens or PP name/trademark) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to use any elements of the Polyverse pass and Polypixos Materials (including, without limitation, any Token) for the purpose of reproduction, distribution or commercialization without a prior written consent.We may decide to withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any Polypixos trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion.
(c) License to PP Token: (i) General Use. Concerning your full and steady adherence to these Terms, the PP founders grants you a limited worldwide, non-exclusive, non-transferable, royalty-free license to utilise your Purchased PP token solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased PP token, provided that the marketplace cryptographically verifies each PP token owner’s rights to exhibit the proof of the Purchased token to ensure that only the actual owner of the NFT can display the token; or (c) as part of a third-party website or application that permits the inclusion, involvement, or participation of your Purchased PP token, provided that the website/application cryptographically verifies each PP owner’s rights to display the Token for their Purchased PP to ensure that only the actual owner of the NFT can display the Token, and provided that the Token is no longer visible once the owner of the Purchased PP leaves or logs out of the applicable website/application.
(d) Restrictions. You accept the conditions that you will not give access to any third party to perform or attempt to execute any act of utilization modification, commercialization, or the use of media and information relating to the Polypixos without the prior written consent of the PP founders.
Furthermore, any attempt to trademark, copyright, or otherwise acquire additional intellectual property rights with respect to your Purchased PP token; or otherwise utilize the purchased PP token for yours or any third party’s commercial advantage to the extent that the site linked to your Purchased PP contains Third Party IP (e.g., licensed intellectual property from a politician, an idol, athlete, or other public figure), you understand and agree to the following terms: (i) that you will not have access or the right to use such Third Party IP in any way (ii) that, depending on the nature of the license granted from the owner of the Third Party IP, Polyverse pass and Polypixos may need to pass through additional restrictions on your ability to access the tokens; and (iii) to the extent that the PP originators informs you of such additional restrictions in writing (email being acceptable), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. For the avoidance of doubt, it is strictly prohibited and a violation of these Terms to use any Purchased PP in order to create a similar or derivative NFT based on the Purchased PP token. Such use constitutes a violation of these Terms as well as intellectual property infringement, which would cause monetary damages and irreparable harm to Polyverse pass and Polypixos. The restrictions established in this Section will withstand the end or expiration of these Terms.
(d) Other Terms of License. The license granted in the Section above applies only to the extent that you continue to Own the applicable Purchased token. If at any time you sell, trade, donate, give away, transfer, or otherwise clear off your Purchased token for any reason, the license granted above will immediately expire concerning you and that token without requiring notice, and you will lose the rights over the token.
(e) Feedback. You are allowed to submit comments, bug reports, ideas or other feedback about the App (collectively, “Feedback”). And at this moment, grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose. By submitting Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties. All Feedback must be submitted via email sent to contact [email protected]
(f) Use of Trademark names: Notwithstanding any contained information in these Terms, You agree that you will not use our trademark name for any purpose without obtaining written approval from us. Permission to carry out this act shall be defined at our sole discretion. Furthermore, non-response to a request for such approval shall not be deemed an approval.
(g) Your Obligations. You agree that you are accountable for all your conduct while accessing or using the App and you are solely responsible for any consequences thereof. You agree to use the App only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) upload, post, transmit or otherwise make contents that informed the rights of any party available the App;; (v) use the App as a tool to violate the legal rights (such as rights of privacy and publicity) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vii) interfere with other users’ pleasure of using the App; (viii) abuse the App for any unauthorized commercial purpose; (ix) modify, adapt, translate, or redesign any portion of the App; (x) remove any copyright, trademark or other proprietary rights notices contained in or on the App or any part of it; (xi) reformat or frame any portion of the App; (xii) display any hateful or violent content on the App, or includes any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App or the content posted on the App, or to collect information about its users for any unauthorized purpose; (xiv) create user accounts by automated means or under false or fraudulent pretenses; or (xv) access or use the App for the purpose of creating a product or service that is competitive with any of our products or services. If you engage in any of the activities prohibited by this Section, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your account and/or prohibit your access to the App and the Site.
ETHEREUM FEES AND PAYMENTS.
(a) Any final acquisition, purchase, trade, or sale of PP token will be solely carried out through the Ethereum network, though the Site may serve as a platform that facilitates such transactions. We have no control over these transactions as or once they occur, nor do we have the ability to reverse any transactions. You agree that we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions pertaining to the Smart Contracts, or any other transactions that are conducted via the Ethereum network.
(b) We may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. THE PP FOUNDERS may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) Your are using the App (or any portion thereof) for money laundering or for any other illegal activity; (ii) You have concealed or reported false identification information and other details; and/or (iii) transactions effected by you were affected in breach of these Terms. In such cases, in the sole discretion of the PP FOUNDERS, they may pause or cancel your transactions until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Polyverse pass and Polypixos may refuse to provide you with further access to the Site and/or the App.
(c) Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. (c) You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership or transfer of any of your PP tokens). Except for income taxes levied on Polyverse pass and polypixos, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
TERMINATION. We may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account, and that we will not be liable to you or to any third party for any such suspension or termination. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability. If we terminate these Terms, suspend or terminate your access to or use of the App due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
DISCLAIMERS. (a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK, AND THAT THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PP FOUNDERS, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND AT THIS MOMENT DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING. OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (INCLUDING ANY BLOCKCHAIN CODE ERRORS), (III) USAGE DATA PROVIDED THROUGH THE APP WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APP WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. (b) YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT POLYVERSE PASS AND POLYPIXOS HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. (c) THE PP FOUNDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK OR ANY ETHEREUM WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APP, ETHEREUM NETWORK, OR ANY ETHEREUM WALLET OR OTHER ELECTRONIC WALLET. (d) POLYVERSE PASS AND POLYPIXOS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. (e) POLYVERSE PASS AND POLYPIXOS IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK OR ANY ETHEREUM WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
LIMITATION OF LIABILITY. (a) YOU UNDERSTAND AND AGREE THAT POLYVERSE PASS AND POLYPIXOS, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF POLYVERSE PASS AND POLYPIXOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APP, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTHS PRECEDING THE DATE THE CLAIM AROSE, OR (B) YOU ACKNOWLEDGE AND AGREE THAT THE PP ORIGINATORS HAS MADE THE APP AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. POLYVERSE PASS AND POLYPIXOS WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS. (d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
RISKS: You accept and acknowledge the following risks: (a) The prices of blockchain assets and cryptocurrencies are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of PP tokens, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of the PP token will not lose money. (b) You are solely responsible for determining what, if any, taxes apply to your Polyverse pass and polypixos related transactions. The originators are not responsible for determining the taxes that apply to any of your transactions. (c) The App does not store, send, or receive PP tokens without your permission. The PP exists only by virtue of the ownership record maintained on the blockchain in the Ethereum network. Any transfer of the PP tokens occurs within the supporting blockchain in the Ethereum network. (d) There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the PP FOUNDERS will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, however caused. (e) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the Polyverse pass and polypixos ecosystem, and therefore the potential utility or value of the PP token. (f) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the Polyverse pass and polypixos ecosystem, and therefore the potential utility or value of the PP tokens. (g) Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-20 standard.
INDEMNIFICATION: You shall defend, indemnify and hold harmless Polyverse pass and Polypixos as well as all of its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your use or misuse of, or access to the App, (iii) misappropriation or infringement by you, of any intellectual property rights or other right of the sale of the NFT, or any person or entity or (iv) your violation of applicable laws, rules or regulations in connection with your access to or use of the App. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will assist and cooperate with us in asserting any available defenses.
THIRD PARTY SITES: The App may permit you to link to other websites, services or resources on the Internet, which are provided solely as a convenience to you. You access these third-party websites, services or resources at your own risk. These other websites, services or resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of those websites, services or resources. The inclusion of any link to third party websites, services or resources does not imply our endorsement of them or any association with their operators. You acknowledge and agree that we shall not be responsible or liable (directly or indirectly) for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any third party websites, services or resources.
CHANGES TO THE TERMS: We reserve the right, at our sole discretion, to modify or replace any of the Terms or to change, suspend or discontinue the App or Site at any time, by posting a notice on the Site or by sending you an email. We may also impose limits on certain features and services or restrict your access to parts or all of the App or Site without notice or liability, including, without limitation. It is your responsibility to check these Terms periodically for changes. You can determine if any changes were made to these Terms by noting the date that these Terms were last updated. Your continued use of the App or Site following the posting of any changes to the Terms constitutes acceptance of those changes.
CHANGES TO THE APP: You acknowledge and agree that the form and nature of the App, and any part of it, may be changed from time to time without prior notice to you, and that we may add new features and change any part of the App at any time without notice. We also reserve the right to shut down the App at our sole discretion. Shutting down the App will not prohibit you from transferring, buying or selling your Purchased token on another website or application.
AGE LEGALITY: You certify that you are over the age of 13, as the App is not intended for children under 13. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE, IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO GO THROUGH THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE APP, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT THEY MAY INCUR.
General: These Terms (including those terms incorporated herein by reference) are the entire Agreement between you and US with respect to the App and supersede all prior or coexisting communications and proposals (whether oral, written or electronic) between you and us concerning the App. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of the Terms to remain enforceable. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. For any waiver of compliance with these Terms to be binding on us, one of our authorized representatives must provide you with written notice of that waiver. There are no third-party beneficiaries to these Terms. Nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. We shall not be liable for any failure to perform our obligations here where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation (including “line-noise” interference). All notices under these Terms shall be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return-receipt requested; if sent for next-day delivery by recognized overnight delivery service. when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent