📚Term and Condition
Terms & Conditions Please review these Terms carefully, as they set out your rights and responsibilities when using this site to purchase a PLALOMA (PLALOMA NFT) non-fungible token. Before using the Smart Contracts or the Site, you must agree to these T & Cs and any other terms and conditions incorporated herein or referred to (the T & Cs and any other terms and conditions incorporated or referred to herein are collectively referred to as the "Terms" ). This website located at www.plaloma.me contains a collection of digital artworks (NFTs as defined below) running on the Binance Smart Chain network, using uniquely coded smart contracts (each, a "Smart Contract "), which allow users to acquire, purchase, sell, own and transfer the unique digital characters known as Richards. This website is just an interface that allows attendees to exchange digital collectibles. If any provision of these Terms of Service or any future changes are unacceptable to you, do not use or continue to use the website and do not link your Binance Smart Chain wallets to our platform. Your continued use of the Website following the posting of any notice of any change to these Terms of Service will constitute your acceptance and consent to such change. DEFINITIONS "Art" Means any art, design and drawings that can be associated with an NFT that you own. "NFT" means any non-fungible token that is tracked on the blockchain, such as those that conform to the BEP-721 standard. "Own" means, in relation to a PLALOMA NFT, an NFT that you have purchased or otherwise legitimately acquired from a legitimate source, where proof of that purchase is recorded on the relevant blockchain. "Purchased NFT" means a PLALOMA NFT that you own.
OBLIGATIONS By accessing the website, linking your Binance Smart Chain wallets and / or purchasing an NFT from PLALOMA, you agree to be bound by the following: You must be at least thirteen (13) years old to access and use the platform; provided, if you are between the ages of thirteen (13) and eighteen (18) (or any age of majority required to be considered an adult under the applicable law of the state or jurisdiction of your primary residence) you can access and use the platform only with the permission of your parent or legal guardian, and you represent and warrant that you have such permission and that your parent or legal guardian has reviewed and discussed these terms of service with you. As some content made available on the platform may not be suitable for minors, we recommend that parents or legal guardians allow their child to access and use the Website to supervise the activity of such child, including, without limitation, any commitment with any other user about it. You warrant that the purchase of any NFT from the website will not amount to: Violation of any agreements with third parties, Violation of any agreements with banks or financial institutions, or any other form of agreement, Violation of any applicable law of your jurisdiction, An infringement, misappropriation or infringement of any patents, copyrights, trademarks, trade secrets, moral or other proprietary or intellectual property rights, or rights of publicity or privacy of any third party, or involves the violation of any applicable law or regulation
You represent and warrant that you understand cryptocurrencies and the NFT market, along with the associated risks, expenses and fees. To initiate certain transactions on the website, a user must voluntarily invoke one or more smart contract operations from a Binance Smart Chain wallet. All these transactions on the Site, including the sale or purchase of NFTs, are initiated through one or more smart contracts at the sole discretion and full risk of the Users. Smart contracts are configured to facilitate the execution of a sale or the transfer of an NFT. The User acknowledges the risk of smart contracts and agrees to be bound by the outcome of any smart contract operation by invoking, calling, requesting or otherwise interacting with the smart contract, regardless of whether or not the smart contract behaves according to the User's expectations. You acknowledge and agree that there are risks associated with buying and holding NFTs and using blockchain technology. These include, but are not limited to, the risk of losing access to NFT due to loss of private keys, custody error or buyer error, risk of mining or blockchain attacks, risk of hacking and security weaknesses, risk of unfavorable regulatory intervention in one or more jurisdictions, risks related to token taxation, risk of disclosure of personal information, risk of uninsured losses, unforeseen risks and volatility risks. You are entirely responsible for the security and management of your private Binance Smart Chain wallets and for validating all transactions and contracts generated by this website prior to approval. Also, since the smart contract runs on the Ethereum network, it is not possible to reverse, undo or redo any transactions.
PROPERTY Your ownership of any purchased NFTs issued by PLALOMA is governed by a smart contract on the Binance Smart Chain network, which cannot be canceled or changed in any way.
Commercial use Subject to continued compliance with the terms of this License, PLALOMA grants you a limited, worldwide, non-exclusive and non-transferable license to use, copy and display Art for your purchased NFTs for the purpose of marketing your merchandise which includes, contains or consists of Art for your purchased NFTs ("Commercial Use"). For the sake of clarity, nothing in this section will be deemed to limit you from (i) owning or operating a market that permits the use and sale of NFTs in general, provided that the market cryptographically verifies the rights of each NFT owner to view the Art for their purchased NFTs to ensure that only the actual owner can exhibit the Art; (ii) own or operate a third party website or application that allows for the inclusion, involvement or participation of NFT generally, provided that the third party website or application cryptographically verifies the rights of each owner of NFT to view the Art for their purchased NFTs to ensure that only the actual owner can display the art, and on condition that the art is no longer visible once the owner of the purchased NFT leaves the site / application.
DISCLAIMER OF LIABILITY You hereby forever release and license PLALOMA, its members, managers, subsidiaries, affiliates, licensees, partners in promotions or other activities, or any of such parts, their respective agents, employees, officers, directors, managers, members, suppliers, third party licensors, business partners, successor participants and assigns (collectively the "Company Parties") from, and hereby waive and waive any and all disputes, claims, disputes, claims, rights, obligations, liability, action and cause past, present and future action of any kind and nature (including personal injury, death and property damage), which has arisen or derives directly or indirectly from, or which relates directly or indirectly to the website (including any interactions, acts or omissions of other Users of the Site or any links, advertisements or other content of third parties).
License Terms The license granted in Section 3 above applies only to the extent that you continue to own the applicable purchased NFT. If at any time you sell, trade, gift, gift, transfer or otherwise dispose of your purchased NFTs for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without notice and you have no further rights in or to Art. For such NFTs.
Binance Smart Chain Fees, Payments, and Taxes Any acquisition, purchase, exchange or final sale of a PLALOMA NFT will be conducted exclusively through the Ethereum network and third party electronic wallets, although 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 any third party for any claims or damages that may arise as a result of any Smart Contract transaction or any other transaction conducted through the Binance Smart Chain Network. Binance Smart Chain requires the payment of a transaction fee (a "Gas Fee") for each transaction that occurs on the Binance Smart Chain network. (c) You will be solely responsible for paying all sales, use, value added and other taxes, duties and valuations (except taxes on our net income) now or thereafter claimed or imposed by any governmental authority (collectively, "Taxes") associated with your use of PLALOMA NFT, Smart Contract or Site (including, without limitation, any Taxes that may become payable as a result of your ownership or the transfer of any of your PLALOMA). Except for income taxes levied on PLALOMA, you will: (i) pay or refund us 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 their place on the basis of established charges, services performed or payments made under this document, as they are now or in the future may be imposed under the authority of any national, state, local or any other jurisdiction; and (ii) will not have the right to deduct the amount of such taxes, duties or valuations from payments made to us under these Terms.
TO THE APPLICABLE EXTENT, BY THIS WAIVER OF THE SEYSHELLES CIVIL CODE PROTECTIONS (AND ANY ANALOGUE LAW IN ANY OTHER APPLICABLE JURISDICTION) THAT SAYS: "A GENERAL RELEASE DOES NOT EXTEND REVIEWS THAT YOUR CREDIT DOES NOT KNOW OF YOUR EXECUTION TIME WHICH IF KNOWN BY HIM OR BY YOU SHOULD MATERIALLY AFFECT YOUR AGREEMENT WITH THE DEBT. THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LASC MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH ANY THIRD-PARTY WEB SITE OR CONTENT ON ANY THIRD-PARTY WEBSITE. LIABILITY, ERRORS OR ERRORS, (II) PERSONAL INJURY OR DAMAGE TO PROPERTY, OF ANY KIND, ARISING FROM ACCESSING AND USING THE SITE WEB, (III) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND / OR ANY PERSONAL INFORMATION STORED therein. RICHARDS NFT DOES NOT WARRANT, ENDORSEMENT, WARRANTY OR ASSUME LIABILITY FOR ANY SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE WEBSITE OR ANY HYPERLINK OR LINK IN ANY BANNER OR OTHER ADVERTISING AND WILL NOT BE A PART OF ANY THIRD PARTY. SUPPLIERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS FOR PURCHASING A PRODUCT OR SERVICE BY ANY MEANS OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND PRECAUTION IF APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER RICHARDS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED OR ALWAYS ACCESSIBLE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIAL PROVIDED THROUGH THE WEBSITE OR USE. NEITHER LASC NOR ITS AFFILIATES OR LICENSORS ARE LIABLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER. NEITHER RICHARDS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE LASC IS FREE FROM VIRUSES, WRM, HORSE OF SLUTS OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT WARRANT THAT ANY PERSONAL INFORMATION PROVIDED BY YOU WILL NOT BE APPROPRIATE, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AVAILABLE TO PROVIDE THE SITE ONLY IF YOU ACCEPT CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE THAT YOU WILL NOT HOLD ANY PART OF THE COMPANY LIABLE FOR ANY DAMAGES, CAUSES, CLAIMS AND / OR DISPUTES (COLLECTIVELY, "LIABILITY") ARISING OR WHICH MAY ARISE, KNOWN OR UNKNOWN, RELATING TO OR YOU ANY OTHER PARTY OR IMPOSSIBILITY TO USE THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ARISING IN CONNECTION WITH THE CONDUCT, ACTS OR OMISSIONS OF ANY USER (INCLUDING, BUT NOT LIMITED TO, ATTRACTIVE STALESKING OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTIONS, ADVICE, ACTIONS OR SERVICES PROVIDED BY RICHARDS OR ITS AFFILIATES OR LICENSORS AND ANY USER INFORMATION. IN NO EVENT SHALL ANY PART OF THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE USE OR IMPOSSIBILITY OF USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE COMPANY IS LIABLE FOR DAMAGES, DESPITE THE ABOVE EXCLUSIONS, IN NO EVENT SHALL TOTAL LIABILITY ARISING FROM CONTRACT, TORT, OBJECTIVE LIABILITY OR OTHERWISE EXCEED ONE HUNDRED US DOLLARS ($ 100.00).
Certain transactions on the Website, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Website utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the NFTs may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFTs, or lost opportunities to buy or sell NFTs. We assume no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
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