Terms of Services
Date: Apr 26, 2022
1. Services and Digital Collectibles Services as used herein includes any services, features and functionality of the Site related to the purchase or sale of any blockchain-based, cryptographic nonfungible token (“NFT”) which, together with the license rights to any associated digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available (“Related Content”), comprises and is referred to herein as a “Digital Collectible”. The terms of your license to the Related Content and other terms applicable to the Digital Collectible will be presented to you at the time of purchase and a link to those terms will be embedded in the Digital Collectible’s metadata (“Digital Collectible Terms”). Additionally, certain Services may be made available exclusively to the owner of a particular Digital Collectible. You may be required to demonstrate ownership of the applicable Digital Collectible in order to access these Services. Without limiting any other right to terminate or suspend Services under these Terms, we may terminate your access or use of these Services in the event that you transfer the applicable Digital Collectible to someone else. Any digital works of authorship or other content made available through the Site to an owner of a Digital Collectible that is intended as an “Additional Benefit” (as that term is defined in the Digital Collectible Terms) will be identified as such on the Site or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any license presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. Any other digital works of authorship and other content made available through the Site is part of the Services and no license rights are granted to you with respect to any such content. None of Cross Verse or any third party has any obligation to provide any Additional Benefit and none of Cross Verse or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.
2. Eligibility In order to use our Services, you must meet the following eligibility criteria:
i. You must not be located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country.
ii. You must not be listed on any United States government list of prohibited or restricted parties.
iii. You must be at least 13 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, both you and the person or entity agree to be responsible to us.
3. User Account and Account Security You need to register for an account on the Service (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. We will block multiple accounts of the same user.
Also, you agree that you will not:
i. create another account if we’ve disabled one you had unless you have our written permission first;
ii. buy, sell, rent or lease access to your Account or username unless you have our written permission first;
iii. share your Account password with anyone; or
iv. log in or try to log in to access the Service through unauthorized third party applications or clients. You are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access our Services. You will not hold us responsible for managing and maintaining the security of your account. We are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please inform us immediately.
4. Transaction of Digital Collectibles We do not offer a hosted digital wallet on the Site or otherwise custody Digital Collectibles for our users. You will be required to link a supported blockchain-based digital wallet (“Supported Wallet”) provided by supported third-party unhosted wallet providers (“Supported Wallet Provider”) to the Site before you will be able to purchase a Digital Collectible. We will deliver the Digital Collectibles that you purchase from us directly to your Supported Wallet and you will be responsible for safekeeping the passwords and keys associated with your Supported Wallet. We will not be able to recover purchased Digital Collectibles for you in the event that you lose access to your Supported Wallet account or under any other circumstances. Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with Supported Wallet Providers. Your use of each Supported Wallet Provider’s products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a Supported Wallet Provider’s products and services, including Supported Wallets. A list of Supported Wallets and Supported Wallet Providers, which we may update at our discretion. We currently only accept payments in the supported cryptocurrencies listed on our website. You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Web3 Wallet to the Services and use a supported type of cryptocurrency from your Web3 Wallet to complete your purchase. All pricing and payment terms are as set forth on the Site, and any payment obligations you incur are binding at the time of purchase. All sales are final. You represent and warrant that any purchase of a Digital Collectible by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution. You acknowledge and understand that by purchasing a Digital Collectible you are not acquiring any equity or other ownership or profit-sharing interest in Cross Verse, or any of its affiliates or any brand or other business venture. LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.
5. Digital Collectibles Acquired through Third Party Platforms With respect to any Digital Collectible originally sold through the Site but that you acquired from a third party through a third party platform or service, by agreeing to these Terms, you agree to be bound by the applicable Digital Collectible Terms for the Digital Collectible. In addition, you acknowledge and agree that in the event the third party from whom you purchased the Digital Collectible does not pay any amounts owed to Cross Verse in connection with the transfer to you, Cross Verse may, at its option and discretion (and without limiting its right or ability to do so as otherwise provided in these Terms) refuse to provide you with access to the Site or any Service, unless and until all outstanding amounts have been paid.
6. Ownership Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, Cross Verse logo, product and service names, look and feel of our Service, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Cross Verse or our affiliates, licensors or users, as applicable. The property may not be copied, imitated or used, in whole or in part, without our prior written permission. Each Digital Collectible is a limited-edition digital asset comprised of an NFT and associated Related Content. Related Content is licensed to you, not acquired by you when you acquire the NFT. Ownership of any Related Content is retained by Cross Verse or the third party that developed or acquired ownership of the Related Content (any such third party, a “Third Party Developer”). No ownership or title in or to any Related Content is transferred to you, and no other right or interest in any Related Content is transferred to you except for the limited license rights that are expressly set forth in the Digital Collectible Terms. For clarification, the Related Content is neither stored nor embedded in the Digital Collectible, but is accessible through the Digital Collectible, subject to compliance with these Terms and the Digital Collectible Terms.
7. License to Access and Use Our Service and Content You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, and personal license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.
8. Transfer or Other Fees Cross Verse and Developers, as well as their affiliates, licensors and designee(s), may be entitled to receive transfer or other fees or royalties from your purchase or subsequent sales of a Digital Collectible, which defray costs associated with licensing the Related Content, administration of the Digital Collectible ownership and corresponding license rights, and making any optional Additional Benefits (as defined below) available to you or subsequent holders of the Digital Collectible.
9. User Conduct You will not, attempt to, or permit or enable any third party to: (a) separate the Related Content from the Digital Collectible; (b) modify the Related Content, unless expressly permitted to do so pursuant to the Digital Collectible Terms; (c) register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any Related Content; (d) use any Related Content to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate as determined by Cross Verse at its discretion; (e) commercialize the Related Content or use the Related Content in connection with any business, message, product, or service, or in any manner that may imply endorsement of any business, message, product, or service; (f) use the Related Content in any manner that is likely to cause confusion or dilute, blur, or tarnish the Related Content or any intellectual property rights in the Related Content; or (g) use the Related Content in any manner that infringes, violates or misappropriates any third party intellectual property or intellectual property right, or that violates the these Terms or the Digital Collectible Terms.
10. Suspension We have the right to immediately suspend your account, pause or cancel your access to our Services, or close your account if we suspect, in our sole discretion without notice, that
i. Your account is being used for money laundering, to evade sanctions or to engage in illegal activity,
ii. You have concealed or provided false identification information or other details,
iii. You have engaged in fraudulent activity, or
iv. You have engaged in transactions in violation of these Terms.
11. Prohibited Conduct and Content You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service or participating in the Auction. You agree that you will abide by these Terms and will not:
· Provide false or misleading information to Cross Verse;
· Use or attempt to use another user’s account without authorization from such user and Cross Verse;
· Pose as another person or create a misleading username;
· Impersonate or otherwise misrepresent your affiliation with a person or entity
· Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
· Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
· Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
· Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
· Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service;
· Use data collected from our Service to contact individuals, companies, or entities;
· Use data collected from our Service for any direct marketing activity;
· Bypass or ignore instructions that control all automated access to the Service;
· Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section is solely at Cross Verse’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.
12. Third Party We may provide information about Additional Benefits made available by third parties or other third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Cross Verse does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Cross Verse.
13. Indemnification You shall defend, indemnify, compensate, reimburse and hold harmless Cross Verse (and each of its officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) User’s use of, or conduct in connection with, the Offerings; (b) User’s violation of these Terms or any other applicable policy or contract of Cross Verse; or (c) your violation of any rights of any other person or entity.
14. Disclaimer Except as expressly provided to the contrary in a writing by Cross Verse, the service, content contained therein, and the Digital Collectible listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Cross Verse (and its suppliers) make no warranty that the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Cross Verse disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the service, content contained therein. Cross Verse does not represent or warrant that content on the service is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the service. While Cross Verse attempts to make your access to and use of the service and content safe, Cross Verse cannot and does not represent or warrant that the service, content, any Digital Collectible listed on our service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of Digital Collectible, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Service or Digital Collectible. We do not guarantee that Cross Verse or affiliates can affect the transfer of title or right in any Digital Collectible. Digital Collectibles are intangible digital assets. They exist only by virtue of the ownership record maintained on the blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the blockchain network. Cross Verse is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), blockchains or any other features of the Digital Collectible. Cross Verse is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Digital Collectible including forks, technical node issues or any other issues having fund losses as a result. Nothing in these terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means. In some cases, Cross Verse integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). Cross Verse has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Platform could incur an outage outside of Cross Verse’s control, and certain aspects of the Site’s functionality could be impacted by changes of features made available through Third Party APIs. The Site is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Site. Cross Verse may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Site. You accept the risk of the Site failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.
15. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CROSS VERSE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT. Access to, and use of, the services, products or third party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
16. TerminationNotwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We shall have no liability or obligation to you in such event related to your inability to access or use our Services.
17. SeverabilityIf any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms..
18. Relationship of these Terms and Digital Collectible TermsDigital Collectible Terms may be entered between you and Cross Verse (“Cross Verse Collectible Terms”) or between you and the applicable Third Party Developer (“Third Party Collectible Terms”). Cross Verse Collectible Terms, and any other terms that may be provided with or that you may otherwise agree to in connection with any particular Digital Collectible or Service, are incorporated into, and made a part of, these Terms by this reference. Cross Verse is not a party to any Third Party Collectible Terms and will not have any responsibility or liability for, arising out of, or relating to any Third Party Collectible Terms. Notwithstanding anything else in any Digital Collectible Terms, these Terms supplement the Digital Collectible Terms and these Terms will apply to any exercise of any license in or to any Related Content, any transfer of any Digital Collectible or any other use or disposition of any Digital Collectible; provided that in the event of any conflict or inconsistency between these Terms and any Digital Collectible Terms, the Digital Collectible Terms will govern. For avoidance of doubt, and notwithstanding anything else in these Terms or any Digital Collectible Terms, if you breach any obligation that you may have to make payments to Cross Verse pursuant to any Digital Collectible Terms or these Terms, such breach shall constitute a breach of any and all of these Terms and any applicable Digital Collectible Terms.
19. Miscellaneous The failure of Cross Verse to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.
All Rights Reserved. All contents of this document, unless otherwise credited, are copyright © 2022 Cross Studio Asia Ltd.