Petaverse Terms of Use

Petaverse by Cominted Labs LLC sells and otherwise makes available certain family-friendly non-fungible tokens (“NFTs”). This website (“Site”) – – serves as the interface for you to purchase and/or access such NFTs. You are solely responsible for the maintenance and security of your Ethereum wallet(s), and you assume responsibility for validating transactions and contracts generated by this Site. This website and any related services are provided “as is” and “as available” without warranty of any kind. By using this Site, you are accepting sole responsibility for any and all transactions involving Petaverse NFTs. These Terms of Use (“Terms”) are an agreement between you and Petaverse (“Petaverse” or “we”) regarding your access to and use of, various products and/or services offered through this Site. By accessing, browsing, and/or using the Site, you accept and agree to be bound by these Terms and the Privacy Policy. If you do not agree to either the Terms or Privacy Policy, do not access or use the Site. We may update these Terms from time to time, so please check the Terms each time you use the Site and/or our products and services. Your continued use of the Site and/or our products and services will mean that you accept those changes. These Terms represent the complete agreement between you and Petaverse concerning the Site and any related products or services unless we have executed a separate written agreement with you for that purpose. NFT Ownership Terms Each Petaverse NFT is an NFT on the Ethereum blockchain. Petaverse produces “Family Friendly” content and requires that it remain that way. When you purchase an Petaverse NFT, you will receive exclusive, worldwide ownership of the NFT subject to the following limitations: NFTs purchased through the Site may not be used or otherwise incorporated into animations, content of any form, marketing materials, or other derivative works that include content Petaverse considers to be controversial or problematic; such as alcohol, tobacco or drug use, firearms, illegal markets, pornography, or political campaigns. NFTs cannot be wrapped, imported or altered to a mirroring derivative projects and sold on Ethereum or a different Blockchain. NFTs purchased or otherwise accessed on the Site may not be replicated and sold as a different asset. Derivative works, including but not limited to animated stories, made using NFTs purchased on the Site are exclusively owned by the purchaser, subject to these terms. However, Petaverse shall retain full ownership of all derivative works, including but not limited to animated stories, made using Petaverse’s hero images, characters and templates that are open to the public. Ownership disputes are governed by the Smart Contract and The Ethereum Network; we cannot rescind, reverse, or terminate any transactions, nor can we seize Petaverse NFTs in an effort to amend ownership. But we do reserve the right to prosecute you and any associated platform or party for any negative or disparaging infringement of the Petaverse NFT’s stated purpose of producing “Family Friendly” content subject to the limitations stated above. Site Use The Site and the products and services available through the Site are protected by copyright laws throughout the world. Subject to these Terms, Petaverse grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. As specified in Section 1, above, your right to use any of the products or services available through the Site is subject to these Terms and all rights are reserved by Petaverse. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site. Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, phishing, social engineering, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Petaverse reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Petaverse further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these Terms. Petaverse may terminate your use of the Site or any of Petaverse products or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these Terms, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you. Your Representations, Warranties and Covenants to Petaverse By accessing the Site, you represent and warrant the following: (i) you have the legal ability and authority to enter into these Terms with Petaverse, (ii) the information you have provided to Petaverse in your registration is accurate and complete, (iii) you will comply with any and all laws applicable to your use of the Site (iv) you will not interfere with a third party's use and enjoyment of the Site (v) you will not interfere with or disrupt Petaverse’s’ or its partners or vendors' security measures, (vi) if any information you provide to Petaverse becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Petaverse, and (vii) you are accessing the Site for yourself. In connection with your relationship with Petaverse, you may provide to us, or cause to be provided to us on your behalf, personal information. We will use your information in accordance with our Privacy Policy. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice. You also acknowledge and agree that: (a) you have obtained sufficient information to make an informed decision regarding the Petaverse NFTs; (b) you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself; (c) Petaverse does not represent or warrant that any Petaverse NFTs, or its supporting systems or technology, are reliable, current or error-free or otherwise meets your requirements, that defects in the Petaverse NFTs, or their supporting systems or technology, will be corrected, or that the delivery mechanism for Petaverse NFTs will be free of viruses or other harmful components; and (d) Petaverse shall not be responsible for any communication failures, disruptions, errors or delays you may experience related to the Petaverse NFTs. Third Party Links. Petaverse may provide links to third-party web sites. Petaverse does not recommend and does not endorse the content on any third-party websites. Petaverse is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Petaverse does not endorse any product, service, or treatment advertised on the Site. Petaverse does not control and is not responsible for the privacy practices of such third parties. Petaverse encourages you to review the privacy policies of each website and application you visit and use. Use by Minors Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Petaverse if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction. Please note that Petaverse is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Petaverse to maintain the content or information; (2) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (3) when Petaverse anonymizes the content or information, so that such user cannot be identified individually; (4) when such user does not request that such information be removed from the Site; and (5) when such user has received compensation or other consideration for providing the content or information. The foregoing is not intended to be an admission that Petaverse is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations. Account Information When you buy an NFT from Petaverse, you are creating a direct customer relationship with Petaverse that may enable you to access and/or utilize various functions of the Site including but not limited to purchasing from the Site products and/or services. As part of that relationship, you will provide certain information to Petaverse, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information. Petaverse will use the data and information that you provide in accordance with its Privacy Policy. Fees Your purchase of a Petaverse NFT must be on the Ethereum blockchain. We have no control or authority over these transactions. You accept sole responsibility for verifying the validity of Petaverse NFT transactions. We are not liable to you or any third party for any claims or damages that may arise as a result of a transaction you engaged in. You should also be aware that Ethereum requires the payment of a transaction fee (“Gas Fee”) for every transaction; you are solely responsible for the Gas Fee, which can fluctuate depending on the transaction and time of transaction. Contests From time to time, Petaverse may hold contests in which you can participate. We reserve the sole right to define the rules of each contest (including eligibility requirements), and you must comply with those rules in order to enter the contest and be eligible for the prize(s). There is no guarantee of success or winning in each contest. DISCLAIMERS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Petaverse MAKES NO EXPRESS WARRANTIES AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SITE (OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY SMART CONTRACT OR EXTERNAL WEBSITES) AND ANY RELATED PRODUCT(S) OR SERVICE(S), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. FURTHER, WE DO NOT WARRANT OR REPRESENT THAT: YOUR ACCESS TO, OR USE OF, THE SITE WILL MEET YOUR REQUIREMENTS; YOUR ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; OR THE SITE, OR ANY CONTENT/PRODUCTS/SERVICES MADE AVAILABLE THROUGH THE SITE, ARE FREE OF VIRUSES OR OTHER MALICIOUS FEATURES. YOUR USE OF THE SITE, AND ANY PRODUCTS OR SERVICES CONNECTED TO THE SITE, IS AT YOUR SOLE RISK, AND WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR THE ETHEREUM NETWORK. You assume all risks of purchasing Petaverse NFTs, including but not limited to, Petaverse NFT price fluctuations. You additionally assume all risks associated with using a digital currency, including the risk that a third party may obtain unauthorized access to information stored within your wallet. Regulations governing NFTs, blockchain and digital currencies are undetermined and can change at any time. New laws or regulations could impact Petaverse, Ethereum Network, Smart Contracts, digital currencies, or other mechanisms that could affect your transactions and Petaverse NFTs. You assume all risk in this area. Limitation of Liability IN NO EVENT SHALL Petaverse, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR ITS AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES CONNECTED WITH THE SITE, OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE OR ANY PRODUCTS OR SERVICES CONNECTED WITH THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST Petaverse FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES CONNECTED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST Petaverse ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES CONNECTED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. FURTHER, YOU UNDERSTAND AND AGREE THAT Petaverse IS ONLY ABLE TO MAKE THE SITE OR ANY PRODUCTS OR SERVICES CONNECTED WITH THE SITE AVAILABLE TO YOU IN RELIANCE ON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. BY MAKING USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT: (a) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES. (b) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SITE AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (c) Petaverse SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. Indemnification You agree to hold harmless and indemnify Petaverse and its subsidiaries, affiliates, officers, agents, employees, or partners from and against any claim, liability, loss damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys’ fees arising out of or in any way related to (i) your breach of these Terms; (ii) your misuse of the Site; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site. ANTI-MONEY LAUNDERING; SANCTIONS You agree to comply with all anti-money laundering (“AML”) compliance procedures as required by Petaverse.. In addition, if applicable to your own business operations, you shall maintain an AML program consistent with the requirements applicable to it under the USA PATRIOT Act and the Bank Secrecy Act. You understand, acknowledge, and agree that exports, re-exports and in-country transfers of any Petaverse NFT, or related products or services (individually, an “Item” and, collectively, the “Items”) are subject to U.S. export, import, customs, anti-boycott, and economic sanctions laws, regulations, rules, and orders (each, a “Trade Control Law”). You shall not export, re-export, or otherwise transfer or provide any Item in contravention of any Trade Control Law, including to anyone (a) in Cuba, Crimea, Iran, North Korea, Sudan, or Syria, or in any other embargoed destination, or (b) listed on, or owned or controlled by anyone on, a sanctioned party list published by the U.S. Departments of Commerce or Treasury, including the Specially Designated Nationals and Blocked Persons List (a “Sanctioned Party”). You certify that you are not a Sanctioned Party or located in or a resident of any embargoed destination. In addition to any other remedy that Petaverse may have, Petaverse may suspend and/or cancel the provision of any Item if Petaverse believes, in its discretion, that such activity may violate any Trade Control Law or Petaverse’s own compliance policies. Data Retention Petaverse may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with services. Petaverse may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Petaverse or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by Petaverse. Transactions In connection with any transaction you conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including without limitation, wallet addresses, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Petaverse without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction. Tax Calculations You are solely responsible for determining what, if any, taxes apply to your Petaverse NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform or other Petaverse NFT-related transactions. Regulatory Uncertainty The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform ecosystem, and therefore the potential utility or value of your Petaverse NFTs. You accept and acknowledge that we will not be responsible for the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of the Petaverse NFTs. Use of Blockchain Petaverse does not store, send, or receive Petaverse NFTs. This is because Petaverse NFTs exist only by virtue of the ownership record maintained on Petaverse NFT supporting blockchain in the Ethereum blockchain network. Any transfer of Petaverse NFTs occurs within the supporting blockchain in the Network, and not on the Site. We do not make any promises or guarantees about the availability of Petaverse NFTs or that it will host your or any other Petaverse NFTs at any specific location and/or for any specific period of time. Upgrades to the Ethereum blockchain, a hard fork or other change to the Ethereum blockchain, a failure or cessation of the Ethereum blockchain or its underlying cryptocurrency, or a change in how transactions are confirmed on the Ethereum blockchain may have unintended, adverse effects on all blockchains using those or similar technologies, including the Petaverse NFTs. Petaverse does not make any promises or guarantees related to the Ethereum Foundation, the Ethereum blockchain, or any other third parties related to the Petaverse NFTs or the Site (including any of their respective applications and/or services, as well as to the continued availability of or the protection or storage of any data you provide to those parties). You accept and acknowledge that Petaverse will not be responsible for any loss of access to your Petaverse NFTs due to loss of your private key(s), custodial error or purchaser error, mining attacks, hacking, security weaknesses, fraud, counterfeiting, cyberattacks and other technological difficulties. Jurisdictional Issues These Terms of Use, the Privacy Policy, and Petaverse’s collection, use, and disclosure of information are governed by United States law. Waiver No delay or omission by Petaverse to exercise any right or power it has under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Petaverse must be in writing and signed by an authorized representative of Petaverse. Miscellaneous Petaverse strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the Site. As a User of the Site, you may choose to not provide us with certain information, but this may limit the features or services you will be able to use, or it may prevent you from using the Site all together. Petaverse may supplement, amend, or otherwise modify these Terms at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these Terms periodically. Entire Agreement These Terms and any other agreements Petaverse may post on the Site or that you and Petaverse may execute from time to time constitute the entire agreement between Petaverse and you in connection with your use of the Site or any products or services connected with the site and supersede any prior agreements between Petaverse and you regarding use of the Site or any products or services connected with the site, including prior versions of these Terms. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 14 "Dispute Resolution” the exclusive jurisdiction for all Disputes (defined below) that you and Petaverse are not required to arbitrate will be the state and federal courts located in the State of California, and you and Petaverse each waive any objection to jurisdiction and venue in such courts. Dispute Resolution; Arbitration (a) Informal Resolution of Disputes. You and Petaverse must first attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement interpretation or validity thereof or the use of the Services (collectively, "Disputes") informally. Accordingly, neither you nor Petaverse may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver your written notices via first class mail to us at Petaverse. (b) Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Petaverse agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Petaverse are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. (c) Exceptions. As limited exceptions to Section 23(b) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. (d) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at or by calling 1(800) 778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. (e) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we will not seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorney’s fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. (f) Injunctive and Declaratory Relief. Except as provided in Section 14(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. (g) Class Action Waiver. YOU AND Petaverse AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. (h) Severability. With the exception of any of the provisions in Section14(g) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. Changes to this Agreement When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these Terms periodically. Your continued use of Petaverse constitutes your agreement to the changed Terms.