These “Terms and Conditions” last material update was made on: January 31st , 2022.
The “PlanetXMetaverse.com” allows you to participate, by creating, displaying, buying and selling non-fungible tokens artworks (“NFTs”) and is made available to you by “PlanetXMetaverse.com”).
By clicking the “Sign Up” button, completing the account registration process and using the “PlanetXMetaverse.com” storefront confirm that you understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference (“Terms”). I understand that PlanetXMetaverse is a storefront and not a marketplace as you can’t sell or trade your NFTs on the platform today.
These Terms constitute a legal agreement between you and “PlanetXMetaverse.com” and govern your access to and use of the “PlanetXMetaverse.com” storefront, including any content, functionality, and services offered on or through PlanetXMetaverse.com/nft storefront (the “Site”).
“PlanetXMetaverse.com” reserves the right to change or modify these terms at any time and at our sole discretion. You agree and understand that by accessing or using the “PlanetXMetaverse.com” and the Site following any change to these Terms, you are regarded as having agreed to the revised Terms.
In these Terms:
“Non-fungible token” “NFT”: Non-fungible token is a commercial term to describe items like your furniture, a picture image file, or your laptop. These things are not interchangeable for other items because they have unique properties. NFTs are tokens that we can use to represent ownership of unique items. They let us tokenize things like art, collectibles, even real estate. They can only have one official owner at a time and they’re secured by the Ethereum blockchain – no one can modify the record of ownership or copy/paste a new NFT into existence.
“Fungible items”: on the other hand, can be exchanged because their value defines them rather than their unique properties. For example, ETH or dollars are fungible because 0.1 ETH / $1 USD is exchangeable for another 0.1 ETH / $1 USD.
“Applicable Law”: any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;.
“Sale Item”: means any one or more of the following without limitation:
(a) any art (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos and photographs);
(b) audio files;
(e) game assets.
“we/us/our” means “PlanetXMetaverse.com”
“you/your” means the user of the “PlanetXMetaverse.com” NFT stores
“PlanetXMetaverse.com” has sole and absolute discretion to allow or disallow your access to the “PlanetXMetaverse.com” storefonts.
By agreeing to these Terms, you represent and warrant that:
(i) You are at least 18 years of age;
(ii) You have the full right, power, and authority to agree to these Terms;
(iii) You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the Company NFT Trading market is available;
(iv) You are not a citizen or resident of any of the following countries: Belarus, Central African Republic, Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, Lebanon, Liberia, Libya, Myanmar (Burma), North Korea, Somalia, Sudan, Syria, Zimbabwe.
You are not impersonating any other person;
(vi) You will not use the “PlanetXMetaverse.com” if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
(vii) You are compliant with all Applicable Laws to which you are subject;
- “PlanetXMetaverse.com” Account
You may need to send an email and thereby create an account (“Account”) to buy NFTs on the “PlanetXMetaverse.com”. To create an account, we will require you to provide certain information about yourself and we may, in our sole discretion, require you to provide further information at any stage to buy NFTS during your use of the “PlanetXMetaverse.com” Platform. We may, in our sole discretion, refuse, decline, suspend or disable your access or use of the “PlanetXMetaverse.com”.
- Changes to the “PlanetXMetaverse.com”
We may in our absolute and sole discretion change, update, amend, remove, or discontinue any part of the Site, the services and the Content at any time without prior notice to you. However, you will always be shown how much NFT costs and charges you are billed with prior to NFT purchase, through the META MASK and Wallet transactions. All prices are displayed under each NFTs in blue and in ETH Ethereum.
By buying and selling NFTs, including through the Auction process, on the “PlanetXMetaverse.com” you agree to pay all applicable fees as stipulated in the NFT popups on the /nft page and/or FAQ and on the checkout wallet screen at the time of your purchase. You authorize “PlanetXMetaverse.com” to automatically deduct fees directly from payments to you and/ or add fees to your payments to “PlanetXMetaverse.com” where applicable.
- Your Use of the “PlanetXMetaverse.com” and Conduct
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions. You undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):
(i) Use the “PlanetXMetaverse.com” Site, or your Account to conduct electronic spamming or otherwise distribute any unsolicited or unauthorized advertising, promotional or marketing material, junk or chain messages;
(ii) Use the “PlanetXMetaverse.com” Site, or your Account to perform unlawful activities that violates any Applicable Laws (including but not limited to money laundering, terrorism financing and/or fraudulent activities) or immoral activities;
(iii) Use the “PlanetXMetaverse.com” Site, or your Account to engage in any activity which operates to defraud “PlanetXMetaverse.com”, other users, or any other person, or to provide any false, inaccurate, or misleading information to “PlanetXMetaverse.com”;
(iv) Use the “PlanetXMetaverse.com” Site, or your Account to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is immoral or illegal or contains any other harmful or deleterious program;
Modify or adapt the whole or any part of the “PlanetXMetaverse.com” and Site or incorporate the Site into any other program or application;
(vi) Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Site or any components thereof;
(vii) Use the “PlanetXMetaverse.com” Site, or your Account in any manner that would lead to infringement of our, our Affiliates’ or any third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
(viii) Use the “PlanetXMetaverse.com” Site, or your Account in a way that could damage, disable, impair or compromise the Site or the provision of the “PlanetXMetaverse.com” or interfere with other users or affect the reputation of “PlanetXMetaverse.com”
(ix) To take any action to gain or attempt to gain unauthorized access to the account or wallets of other users;
(x) Take any action that imposes an unreasonable or disproportionately large burden or load on the “PlanetXMetaverse.com” infrastructure (including, but without limitation to our servers, networks, data centres and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the “PlanetXMetaverse.com”;
(xi) Engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
(xii) Provide false, inaccurate, incomplete or misleading information to “PlanetXMetaverse.com” or any of its Affiliates or third-party services providers; and/or
(xiii) Use the “PlanetXMetaverse.com” Site, or your Account to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
- Film Frames
I hereby understand that producing, financing and distributing a feature length, big budget movie (over $25m+ budget) is extremely difficult particularly in Covid times. I understand that the PLANET X film script is written and has been reviewed by Paramount Pictures as a ‘consideration’ but I understand that this DOES NOT mean it will be produced and distributed by Paramount Pictures or any other Movie Studio which the producers are in talks with. I therefore, understand that there is a chance that my ‘Bonus’ FILM FRAME(s) NFT(s) from the actual feature length movie may not ever exist. I do however, understand that the 3D film frame card is a separate NFT collection and the film does not need to exist for me to own and trade these artwork collections on secondary markets.
I understand, that the producers of PLANET X are aiming to implement crypto crowdfunding technology within their web platform to further help raise the funds for the movie alongside traditional methods such as gap finance, equity finance, film tax breaks and co-finance or co-production partnerships. I understand that Planet X is intalks with major Hollywood talent agents, production companies, established producers, streaming companies and is pioneering an innovative new way of funding entertainment projects and movies using cryptocurrency, contributions, NFTs and crypto crowdfunding. Due to the fact this is the first time a big budget motion picture has sold every film frame and characters as an NFT it might take longer than expected to raise the film budget, although, the team are confident. I do understand that owning a FILM FRAME 3D collectible is still considered valuable as it is connected to the entire metaverse concept and project, as well as a movie in development.
I hereby, understand that I am buying a 3D film frame card artwork and due to rules and regulations about film funding that this is not being purchased to help finance the motion picture. I understand that I own this NFT as an original piece of artwork, created and owned by the artist and not the film production company. I agree that first and foremost I am not buying this NFT as a security or share in the film or any associated project but as an original artowrk. I do, however, understand that this NFT could well be a collector’s item being the first motion picture to sell every film frame and characters as an NFT and could very well become more valuable if the movie is released and is a success.
The “PlanetXMetaverse.com” allows (i) users to create a profile where they can post information about themselves, display their NFTs, and sell NFTs they own (ii) artists or creators of NFTs (“Creator”) to put their NFTs up for sale (which may be via NFT store (www.planetxmetaverse.com/nft) or in the future auction (“Auction”, please refer to clause 9 for more information) (together the “User Content”).
Any information you post on the Site as a Creator will be considered non-confidential. By providing any User Content or uploading an NFT(s) on the Site, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that
(1) you own and control all rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and
(2) all of your User Content do and will comply with these Terms.
You understand and agree that you are responsible for any User Content you submit or contribute, and you, and not www.planetxmetaverse.com have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.
If you are a Creator, you hereby grant “PlanetXMetaverse.com” the right to use your name and image for marketing or promotional purposes and agree that we may use or modify images from the NFTs that you create for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote the NFTs that you create.
If you are a Creator, you agree that you will not infringe on the intellectual property of others and will not coordinate pricing of any NFTs with other Creators.
We reserve the right, in our absolute sole discretion, to prohibit you from uploading any NFTs to the Site. We are not required to monitor any User Content, but we may in our sole discretion, remove any User Content at any time and for any reason without notice. “PlanetXMetaverse.com” may monitor the User Content to detect and prevent fraudulent activity or violation of these Terms.
- Intellectual Property
Unless otherwise indicated by us, and except to the extent of the User Content, the Site, all content, and other materials contained therein, including, without limitation, the “PlanetXMetaverse.com” logo, and all designs, text graphics, pictures, information, data, software, and files relating to the PlanetXMetaverse Content (the “Content”) are the proprietary property of “PlanetXMetaverse.com” or our affiliates, licensors, or users, as applicable. The “PlanetXMetaverse.com” logo and any “PlanetXMetaverse.com” product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of “PlanetXMetaverse.com” and may not be copied, imitated or used, in whole or in part, without our prior written permission. Unless otherwise stated, you may not use any Content without our express written permission. We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person’s intellectual property rights.
- Sale by Auction
In the future and when made available; you may sell and purchase NFTs through the Auction process. Your participation in the Auction is subject to the rules available on the “PlanetXMetaverse.com” FAQ.
You may only participate in the Auction by linking your digital wallet, which must be a type supported by “PlanetXMetaverse.com” to your Account.
“PlanetXMetaverse.com” may pause, cancel, or discontinue your Auction transactions at its sole discretion without liability.
- Your Ownership of the NFT
Apart from the Content, all other copyrights, trademarks, product names, and logos on the Site relating to and including the NFTs and User Content, are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.
When you buy an NFT on the “PlanetXMetaverse.com” you own the NFT and have the right to sell or give away the NFT. If the NFT is associated with a Sale Item, you will have a worldwide, perpetual, exclusive, transferable, licence to use, copy, and display the Sale Item for your NFT, for so long as you own the NFT, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of the “PlanetXMetaverse.com” that permits the purchase, sale and display of your NFT; (c) as part of a third party website or application that permits the inclusion, involvement, storage, or participation of your NFT.
Without limiting the foregoing, if you believe that third-party material hosted by the “PlanetXMetaverse.com” infringes your copyright or trademark rights, please file a notice of infringement by contacting: firstname.lastname@example.org
- Data Protection / Privacy
By using the “PlanetXMetaverse.com” you confirm that you have read and understood our Privacy Notice and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorised service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the “PlanetXMetaverse.com” or otherwise if required by law. Such data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Notice, which is accessible at www.planetxmetaverse.com/privacy/
We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
- Limitation of Services / Account Closure / Termination
We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the “PlanetXMetaverse.com” Site and any Content and/or close your Account, at any time for any reason but in particular, if we suspect in our sole discretion that
(i) your Account is being used for illegal activity;
(ii) you have concealed or provided false information;
(iii) you have engaged in fraudulent activity; and/or (iv) you have engaged in activity in violation of these Terms.
If “PlanetXMetaverse.com” is holding funds in your Account and has no record of your use of the “PlanetXMetaverse.com” for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or the period as required by Applicable Law, we may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a reasonable administrative fee from such unclaimed funds, as permitted by Applicable Law.
You understand and agree that your access and use of the “PlanetXMetaverse.com” is subject to certain risks including without limitation:
(i) Price and liquidity of blockchain assets, including the NFTs, are extremely volatile and may be subject to fluctuations.
(ii) Fluctuations in the price of other digital assets could materially and adversely affect the NFTs;
(iii) Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;
(iv) NFTs are not legal tender and are not back by any government;
Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.
(vi) The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for permanent or total loss of value should the market for NFTs disappear.
(vii) NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties which may prevent access to or use of your NFTs.
You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. “PlanetXMetaverse.com” does not give any advice or recommendations regarding the NFTs. You understand and agree that you access and use the “PlanetXMetaverse.com” at your own risk. You understand and agree that “PlanetXMetaverse.com” will not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the NFTs or the “PlanetXMetaverse.com”,
You agree that you are solely responsible for determining what, if any, taxes apply to your NFT transactions on the NFT “PlanetXMetaverse.com” Platform. Neither “PlanetXMetaverse.com” nor any other “PlanetXMetaverse.com” Party is responsible for determining the taxes that may apply to your NFT transactions.
Creators may engage in promotion of their respective User Content, including without limitation their Sale Item, through various communications channels such as their social media accounts. “PlanetXMetaverse.com” is not responsible for any such communications and/or promotional activities carried out by the Creators and will not be liable to you in relation to any such communications and/or promotional activities.
You bear full responsibility for verifying the identity, legitimacy, and authenticity of assets you purchase on “PlanetXMetaverse.com”. Notwithstanding indicators and messages that suggest verification, “PlanetXMetaverse.com” makes no claims about the identity, legitimacy, or authenticity of assets on the “PlanetXMetaverse.com”.
Except as expressly provided to the contrary in writing by “PlanetXMetaverse.com”, the Site, content contained therein, and the NFTs listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. “PlanetXMetaverse.com” (and its suppliers) make no warranty that the Site will (1) meet your requirements; (2) be available on an uninterrupted, timely, secure, or error-free basis; or (3) be accurate, reliable, complete, legal, or safe.
“PlanetXMetaverse.com” will not be liable for any loss of any kind from any NFT purchase or action taken or taken in reliance on material or information contained on the Site. “PlanetXMetaverse.com” does not represent or warrant that any content on the Site is accurate, complete, reliable, current or error-free.
While “PlanetXMetaverse.com” attempts to make your access to and use of the Site and content safe, “PlanetXMetaverse.com” does not represent or warrant that the Site, content, any NFTs listed on the Site or any other part of the Site or “PlanetXMetaverse.com” are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. We will not be 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 the NFTs including but not limited to, any losses, damages, or claims arising from: (1) user error such as if you forget your password(s), incorrect transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) loss of NFTs.
TO THE FULLEST EXTENT PROVIDED BY LAW, PLANETXMETAVERSE.COM BE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PLANETXMETAVERSE.COM 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 SITE, 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, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SITE, PRODUC