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CREATVERSE TERMS AND CONDITIONS

Date of Initial Publication: 09 Aug 2021

PLEASE FIND BELOW THE TERMS AND CONDITIONS GOVERNING THE CREATVERSE OFFERINGS, INCLUDING:

  • ACCESSING, DOWNLOADING, OR USING ANY OF THE CREATVERSE APPS
  • CREATING ANY COLLECTIBLE ON THE Creatverse APPS OR TRADING, BUYING, SELLING, TRANSFERRING OR RECEIVING ANY COLLECTIBLE THAT WAS CREATED ON A Creatverse APP
  • USING, TRANSFERRING, VOTING, BUYING, SELLING OR RECEIVING THE CREATO TOKEN OR

These terms and conditions (these “Terms”) have been established by Creatverse (HAPPAX ENTERTAINMENT LAB PRIVATE LIMITED.) to govern the Offerings. By engaging in or undertaking any of the aforementioned activities, you will be deemed to be a “User” who is legally bound by these Terms.

Please contact us at hello@happaxvr.com for any questions or issues.

AGREEMENT

  1. CERTAIN DEFINED TERMS AND RELATED INFORMATION
    1. NFTs and Collectibles.
      1. “NFTs” means Ethereum-based or Binance Smart Chain-based tokens complying with the ERC-721 standard, ERC-1155 standard or other similar “non-fungible” token standard. NFTs are intended to be “non-fungible” tokens representing a unique Collectible; however, certain NFTs maybe fungible with one another (i.e., all such NFTs are associated with the same Collectible Metadata) while being non-fungible with other NFTs (i.e.,such NFTs are associated with different Collectible Metadata).
      2. Collectibles
        1. “Collectible” means the association on Ethereum or Binance Smart Chain of an NFT with a Uniform Resource Identifier (“URI”) identifying an appropriately configured JSON file conforming to the ERC-721 Metadata JSON Schema, ERC-1155 Metadata URI JSON Schema or a similar JSON schema, as applicable (such JSON file, the “Collectible ID”).
        2. The Collectible ID of a Collectible specifies the properties of the Collectible, including the name and description of the Collectible (the “Collectible Descriptors”), a URI identifying any image file associated with the Collectible (the “Collectible Image”) and potentially other “metadata” associated with the Collectible (the Collectible Descriptors, Collectible Image and such other metadata, collectively, the “Collectible Metadata”). The Collectible Metadata for Collectibles created through the Creatverse Applications are typically stored on IPFS through an IPFS node operated by Creatverse. The Collectible Metadata for Collectibles created outside the Creatverse Applications may be stored in other ways, depending on how such Collectibles were created.
        3. There can be no guarantee or assurance of the uniqueness, originality or quality of any Collectible or Collectible Metadata. In the absence of an express legal agreement between the creator of a Collectible and purchasers of the Collectible, there cannot be any guarantee or assurance that the purchase or holding of the Collectible confers any license to or ownership of the Collectible Metadata or other intellectual property associated with the Collectible or any other right or entitlement, notwithstanding that User may rightfully own or possess the NFT associated with the Collectible.
        4. Creatverse may from time to time remove certain Collectibles from the Creatverse Apps or restrict the creation of Collectibles on the Creatverse Apps in Creatverse’s sole and absolute discretion, including in connection with any belief by Creatverse that such Collectible violates these Terms or the terms and conditions or privacy policy of the Creatverse Apps. Creatverse does not commit and shall not be liable for any failure to support, display or offer or continue to support, display or offer any Collectible for trading through the Creatverse Apps.
    2. Offerings
      1. “Offerings” means the Creatverse Platform, and all uses thereof, the Creatverse Apps.
      2. “CREATO” means the tokens with string constant public name “Creatverse” and string constant public symbol “CREATO”, the supply and balances of which are tracked by the smart contract deployed to address 0x31c1f6868c6a04fa77750a79c6cec04481c36ec7.
      3. “Creatverse Apps” means the consumer software applications created, operated and made publicly available by Creatverse for transactions involving Collectibles. On the date these Terms were first published, the Creatverse Apps consisted of the world wide web application hosted at https://Creatverse.com/ (the “Creatverse Website”). In the future, Creatverse may release one or more mobile applications (the “Creatverse Mobile Apps”).
      4. “Creatverse” means HAPPAX ENTERTAINMENT LAB PRIVATE LIMITED., an Indian corporation.
      5. “Creatverse Platform” means the Creatverse Apps and web products collectively.

 

 

 

  1. CERTAIN GENERAL TERMS
    1. User Responsible for Accounts / Addresses. Users are responsible for all matters relating to their accounts (if any) on the Creatverse Apps or the blockchain accounts or addresses through which they interact with the Offerings, and for ensuring that all uses thereof comply fully with these Terms. Users are responsible for protecting the confidentiality of their login information and passwords (if applicable) for the Creatverse Apps or the private keys controlling the relevant blockchain accounts or addresses through which they interact with the Offerings.
    2. Creatverse May Discontinue Offerings. Creatverse shall have the right at any time to change or discontinue any or all aspects or features of the Offerings.
    3. Creatverse May Deny Access to or Use of the Offerings. Creatverse reserves the right to terminate a User’s access to or use of any or all of the Offerings at any time, without or without notice, for violation of these Terms or for any other reason, or based on the discretion of Creatverse. Creatverse reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Creatverse’s Company sole discretion. Collectibles or other materials uploaded to the Offerings may be subject to limitations on usage, reproduction and or dissemination; Users are responsible for adhering to such limitations if you acquire a Collectible. Users must always use caution when giving out any personally identifiable information through any of the Offerings. Creatverse does not control or endorse the content, messages or information found in any Offerings and Creatverse specifically disclaims any liability with regard to the Offerings and any actions resulting from any User’s participation in any Offerings.
    4. Monitoring. Creatverse shall have the right, but not the obligation, to monitor the content of the Offerings, to determine compliance with this TOU and any operating rules established by Creatverse and to satisfy any law, regulation or authorized government request. Creatverse shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Offerings. Without limiting the foregoing, Creatverse shall have the right to remove any material that Creatverse, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable
    5. Copyright Notice. “Creatverse” and its logos are trademarks of Creatverse. All rights reserved. All other trademarks appearing in the Offerings are the property of their respective owners.
    6. Privacy Policy. To access the Offerings, a User must explicitly consent to Creatverse’s privacy and data security practices, which can be found by visiting our privacy policy at https://creatverse.com/privacy-policy/

 

 

 

  1. THE Creatverse APPS
    1. License to Use the Creatverse Platform. Each User, subject to and conditioned upon such User’s acceptance of and adherence to these Terms, is hereby granted a nontransferable, personal, non-sub- licensable license to use the Creatverse Apps for their intended purposes.
    2. Content. All content on the Creatverse Platform is created by Users. Creatverse makes no representations or warranties as to the quality, origin, or ownership of any content found in the Offerings. Creatverse shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. Creatverse shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.
    3. DMCA Notices for Claims of Copyright Infringement.
      1. Takedown Requests. Creatverse will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If a User or other person believes that their intellectual property rights have been infringed, please notify us immediately. For Creatverse to respond, the complaint must provide the following information:
      2. A clear identification of the copyrighted work that is claimed to be infringing:
        1. Identification of the online material that is claimed to be infringing, including, if possible, a URL representing a link to the material on the Creatverse website;
        2. Information sufficient to permit Creatverse to contact the complainant, such as email address, physical address, and/or telephone number;
        3. A statement that the complainant has a good-faith belief that the relevant material is being used in a way that is not authorized by the copyright owner, its agent, or under the law;
        4. a statement, made under penalty of perjury, that the above information is accurate, and the complainant is the copyright owner or is authorized to act on behalf of the copyright owner.
          1. Submission of Takedown Requests. Users may submit their takedown requests using the following contact information: Email: contact@Creatverse.com
          2. DMCA Counter-Notices. If a User believes that a User’s material has been removed by mistake or misidentification, the User may provide Creatverse with a written counter- notification containing the following information:
      3. DMCA Counter-Notices. If a User believes that a User’s material has been removed by mistake or misidentification, the User may provide Creatverse with a written counter- notification containing the following information:
        1. a description of the material that was removed, along with the URL where the content was posted in the Offerings prior to its removal;
        2. the following statement: “I swear, UNDER PENALTY OF PERJURY, that I have a good-faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled”;
        3. a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if the User’s address is outside of the United States, any jurisdiction in which the User may be properly served, and that the User will accept service of process from the person (or their agent) who filed the original DMCA notice; and
        4. the User’s electronic or physical signature.Upon receipt of a valid counter notification, Creatverse will forward it to the party who submitted the original DMCA notification. The original party (or their representative) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Creatverse Company does not receive any such notification within 10 days, Creatverse may restore the material to the Offerings.
        5. DMCA Counter-Notices. If a User believes that a User’s material has been removed by mistake or misidentification, the User may provide Creatverse with a written counter- notification containing the following information:
          1. Repeat Infringers. Creatverse reserves the right to terminate the accounts or block usage of the Offerings of any party who is a repeat infringer or who is repeatedly charged with infringement.
  2. FEES, COMMISSIONS, ROYALTIES AND OTHER CHARGES
    1. Fees. Creating, buying, selling or transferring Collectibles may be subject to fees, commissions, royalties and other charges (“Fees”) established from time to time in the sole discretion of Creatverse, a Collectible creator or participants in the Ethereum ecosystem. On the date of initial publication of these Terms, Fees include: (a) service fees established by and payable to Creatverse; (b) commissions on secondary sales of Collectibles, established by and payable to the creators of such Collectibles; and (c) “gas” (fees paid to Ethereum miners in ETH through Users’ independent wallet applications as consideration for mining the Users’ transactions). Service fees maybe adjusted from time to time in the sole discretion of Creatverse. Commissions are set in the sole discretion of the Collectible creator and may range from 0% to 100%; in the event that a User acquires a Collectible with a 100% commission, the User will be unable to collect any proceeds of a sale of that Collectible on the Creatverse Platform. “Gas” fees are set by the User through the User’s independent Ethereum wallet application, based on the market conditions on Ethereum.
    2. Forms of Payment. Fees may be paid or payable solely in the manner determined in the sole discretion of Creatverse. On the date of initial publication of these Terms, all Fees must be paid in ETH.
    3. Finality; No Refunds. All transactions involving the Offering are final. All Fees relating are non-refundable except at the sole discretion of Creatverse (for service fees and other fees within its control) or applicable third parties (Collectibles creators, Ethereum miners, etc.).
  3. ACCEPTABLE & PROHIBITED USES OF THE OFFERINGS
    1. Acceptable Uses. The Creatverse Platform and other Offerings are reserved exclusively for lawful consumer entertainment and artistic purposes (the “Permitted Uses”).
    2. Prohibited Uses. Users must not, directly or indirectly:
      1. employ any device, scheme or artifice to defraud, or otherwise materially mislead, Creatverse or any member of the Creatverse Community, including by impersonating or assuming any false identity;