Terms and Conditions
These terms and conditions ("Terms") outline the rules and regulations for the use of this website, domain, any sub-domains, and any tools, features, or functionalities provided therein in connection with the available services (the "Website"), including without limitation using the Website to view and buy NFTs. By accessing this Website and using our service, You agree to be bound by these Terms. If You do not agree to these Terms, You may not access or use this Website or any services offered by Company.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND MAY AFFECT YOUR LEGAL RIGHTS.
The following terminology applies to these Terms. Any use of the capitalized terms, or any other words in each singular, plural, capitalized and/or he/she or they, are taken as interchangeable and each refers to the same corresponding term, as applicable:
- "You" and "Your" refers to You, the person accessing the Website and compliant to the Company’s terms and conditions.
- "Vera," "Company," "Ourselves," and "We," refers to Vera Labs Inc. d/b/a Vera.
- Company and You may each be referred to as a "Party" or collectively the "Parties."
- "NFT" is a Non-Fungible Token, or similar digital item, implemented on a digital ledger, called a blockchain, which uses smart contracts to link to or otherwise be associated with certain unique content or data.
- "Wallet" means the device, physical medium, program, or service which stores the public and/or private keys for cryptocurrencies, certain digital assets, and the transactions of cryptocurrencies and digital assets and is the location to which the desired cryptocurrency in which payments are to be delivered.
If You use any of the services the Website on behalf of a company or other entity then "You," or any other form thereof, includes You, the user, and that entity, and You represent and warrant that (a) You are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) You agree to these Terms on the entity's behalf.
Website Access and Accounts
Consistent with other web3 platforms, Your blockchain address acts as Your identity when using services provided on the Website. As such, You will need a blockchain address and a Wallet to interact with the services provided. Should You choose to create an account to use the Website ("Account"), Your Account will be associated with Your blockchain address. At Your own discretion, You may also choose to add additional information to Your Account, such as a name, contact information, a profile picture, etc. You are solely responsible for Your Account and any associated Wallet or information voluntarily provided in connection with Your Account. Company is not liable to You or any third party for any acts or omissions by You in connection with Your Account or that occur as a result of any information associated with Your Account or Wallet being compromised. You shall immediately notify Company if You discover, or otherwise suspect, any security issues related to Your Account or the Website.
Conditions of Use
You agree that You are solely responsible for Your conduct when accessing the Website and You will not violate any applicable law, contract, or infringe upon any third party's intellectual property rights. You further agree that You will not: (a) use the Website to provide services to third parties, unless otherwise agreed to; (b) circumvent or disable any security features or measures of the Website; (c) decompile, disassemble, reverse engineer, decrypt, re-engineer, reverse assemble, reverse compile or otherwise translate, create, or attempt to create the source code of the Website and related services or their structural framework (in whole or in part); (d) exceed the scope authorized use of the Website as authorized by these Terms; (e) modify, disclose, alter, translate or create derivative works of the Website or any components thereof; (f) use the Website to store or transmit any viruses, software routines or other code designed to permit unauthorized access, to disable, erase or otherwise harm software, hardware or data, or to perform any other harmful actions; (g) copy, frame or mirror any part or content of the Website; (h) interfere with or disrupt the integrity or performance of the Website; (i) Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface to access the Website, extract data, or otherwise interfere with or modify the Website or functionality or otherwise make any attempt to gain unauthorized access to the Website or related services, or their related systems or networks; (j) circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Website, or the functionality of the Website; (k) take any action that imposes an unreasonable or disproportionately large load on the Website; (l) use the Website for any purpose that is illegal in any way or that advocates illegal activity.
- Except as otherwise stated, Vera and/or its licensors own all intellectual property rights in and to all material on the Website, and all intellectual property rights therein are reserved. You may access and use the Website for Your own personal use subject to the restrictions set forth in these Terms.
- The Website, including its graphics, images, logos, (and other font styles, terms, layouts, etc.), content, information, and all other materials contained therein ("Content"), are the sole property of Vera, its affiliates, licensors, or users, as applicable, and You shall not republish, reproduce, redistribute, sell, rent, or license any such Content without the express written consent of Vera. Vera and its affiliates, licensors, and users, as applicable, reserve all rights in connection with the Website and its Content, including without limitation, the exclusive right to create derivative works from the Content.
- Vera's name, logo, trademarks, and any of Vera's product names, service names, designs, logos, and slogans are the intellectual property of Vera, its affiliates, or its licensors, as applicable, and may not be copied, used, or have derivative works created from, in whole or in part, without Vera's prior written consent. Moreover, the Website Content constitutes the copyright, service mark, trademark, or trade dress, as applicable, of Vera and may not be copied, imitated or used, in whole or in part, without Vera's prior written permission. All other third-party trademarks, registered trademarks, and product names mentioned on the Website or contained in any Content appearing on any Website, or linked to or associated with any NFTs displayed on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable intellectual property rights holder.
- In the event You choose to contact Company and provide any feedback, comments, and/or suggestions for improvements to, or errors and issues on, the Website or related services ("Feedback"), You acknowledge and agree that Your contribution of Feedback does not grant You any right, title, or interest in the Website, services, or in any such Feedback You have provided, nor does such Feedback entitle You to any compensation whatsoever. Wherever necessary, You hereby assign to Company any and all right, title, and interest (including without limitation, any patent, copyright, trademark, know-how, moral rights and any other intellectual property rights) that You may have in and to any and all Feedback.
- You represent and warrant that You have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant any rights granted herein for any content that You use or provide in connection with the Website or Your Account. You represent and warrant that such content does not contain any material subject to copyright, trademark, privacy or publicity rights, or other intellectual property rights of a third party, unless You are legally entitled to use such material.
- Company reserves the right to unilaterally decide to take down any user content posted on the Website. Company will take down works in response to Digital Millennium Copyright Act ("DMCA") takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Website at Company’s sole discretion. If You believe that Your content has been copied in a way that constitutes copyright or trademark infringement, or violates Your publicity or other intellectual property rights, please submit written notice to the below contact and contain at least the following information:
Vera Labs Inc.
8 The Green, Ste R
Dover, DE 19901
In order to process an infringement claim regarding content on our Website, You must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your notice must include:
- Identification of the allegedly infringing material, including a description of the specific location (Please provide url(s)) on the Website;
- Identification of the original copyrighted work(s), trademark, publicity rights, or other intellectual property rights that You claim is being infringed (e.g. original trademark certificate, or certificate of registration of a copyright);
- Your contact information – full legal name, email address, mailing address;
- A declaration that contains all of the following: A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; a statement that the information in the notice is accurate; and a statement under penalty of perjury that You are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed. Please also include Your physical or electronic signature (of Your full legal name).
- In order to complete the transactions using the Website, You will be required to own and maintain a digital Wallet. You hereby agree and acknowledge that You are using Your Wallet under the terms and conditions of the applicable provider of said Wallet. Wallets are not operated by, maintained by, or affiliated with Company, and, unless otherwise agreed upon, Company does not have custody or control over the contents of Your wallet and has no ability to retrieve or transfer its contents. Company accepts no responsibility for, or liability to You, in connection with Your use of Your Wallet and Company makes no representations or warranties regarding the security or operation of Your Wallet. You are solely responsible for keeping Your Wallet secure and You should never share Your wallet credentials or seed phrase with anyone.
- Moreover, Company is not a securities exchange, broker, financial institution, or creditor and does not in any way warrant or represent itself as such. Vera provides a web3 service that works with content creators to enable users to discover NFTs, and, in some instances directly interact with users and/or customers. Company does not have custody or control over the public blockchains You may interact with, nor does it control the method in which blockchains or NFTs are used, stored, or accessed.
Representations and Warranties
- You represent and warrant that You will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Website and any services thereof. Without limiting the other representations and warranties herein, by using the Website, You represent and warrant that: (a) You are not located in a country that is subject to a U.S. Government embargo; and (b) You have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If You access or use the Service outside the United States, You are solely responsible for ensuring that Your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
- In certain circumstances Company may require You to provide additional information and, such as at the request of any government authority, pursuant to applicable law or to investigate a potential violation of these Terms. In such cases, Company, in its sole discretion, may disable Your Account and block Your ability to access certain services of Website until such additional information and documents are processed by Company. Company reserves the right to refuse to restore Your access to the Website or any specific services indefinitely for any reason, at Company's sole discretion.
- Company does not make any representations or warranties as to Your access and use of the Website, which may be interrupted from time to time for any reasons, including, without limitation the malfunction, periodic maintenance, updates, or repair of the Website or any other action that Company, in its sole discretion, may elect to take.
- The Website is not directed toward minors and we do not knowingly collect Personal Data from minors. Minors under the age of 13 years old are not eligible to use the Website and we, therefore, ask that minors do not submit any Personal Data to us, or use any of the services provided on, through, or via the Website. If you are a parent and are aware that your minor has provided us with Personal Data, please contact us at firstname.lastname@example.org. Company requires all users to be at least 18 years old to use the services on the Website. If You are at least 13 years old but under 18 years old, You may only use the Website or related services through a parent or guardian's Account, and with their approval and continued oversight. The respective account holder is solely responsible for any actions using such Account.
License to Use Website
- You are hereby granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website, contingent upon Your continued compliance with these Terms. In the event any content or other materials, whether owned by, controlled by, or licensed to Company, are made available to You in connection with Your use of the Website, Company grants You a limited, non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and display such content and materials on the Website solely for the purpose of enabling Your access and use the Website and related services as permitted by these Terms. Your license in any content linked to or associated with any NFTs appearing on the Website shall solely be as set forth by the content creator of such NFT, or these Terms, whichever is applicable.
- Company makes no guarantee that NFTs visible on the Website at any time will always remain visible and/or available to be bought, sold, or transferred. NFTs viewable and/or available on the Website, or any affiliated website, may be subject to additional terms directly between content creators and prospective buyers, which may include You, with respect to the use of the NFT content and benefits associated with a given NFT ("Purchase Terms"). Often on the Website You may notice a third-party link to the content creator's website. Such content creator website may include separate Purchase Terms governing the use of the NFT that You will be required to comply with, which may or may not also be included on the Website. Vera is not a party to any Purchase Terms, which are a separate agreement solely between the buyer and the seller of such NFTs. You are solely responsible for reviewing any such Purchase Terms.
- The Website may contain links to access or use certain third-party websites and applications, or otherwise display, include, or make available certain third party content, data, information, services, or materials ("Third Party Materials"). When You click on a link to, or access and use, any third party website or application, You shall be subject to the policies of the respective third party website. Company may not always notify You that You have left the Company Website. Except as otherwise marked, Company does not control any third party websites and/or Third Party Materials that You may access and Company shall not be responsible or liable for any third party websites, Third Party Materials, or any actions You may take in connection therewith. Any links to third party websites are provided as a convenience and Company does not review, approve, nor make any endorsements, representations or warranties with respect to such third party websites Third Party Materials.
You agree, to the fullest extent permitted by law, that You will indemnify, defend, and hold harmless Company and its employees, officers, directors, equity holders, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the "Company Indemnitees"), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses), and costs (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) Your use or misuse of the Website or related services, content, NFTs, or third party content linked to on the Website or otherwise associated with any NFTs appearing on the Website; (b) any Feedback You may provide; (c) Your violation or breach of any of these Terms or applicable law; (d) Your violation of the rights of or obligations to a third party, including another user or third party, and (e) Your negligence or willful misconduct. You agree to promptly notify Company of any Claims and cooperate with the Company Indemnitees in defending any Claims. You further agree that the Company Indemnitees shall have the right, but not the obligation, to control the defense or settlement of any Claims. This indemnity shall be in addition to, not in lieu of, any other remedies that may be available in law, in equity or otherwise
LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT IN NO EVENT WILL COMPANY OR ANY OF ITS RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, ASSIGNS, LICENSORS OR EQUITY HOLDERS 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 OR YOUR USE OF THE WEBSITE, 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 STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES FURTHER AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.
- NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF COMPANY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE WEBSITE, OR ANY OTHER COMPANY SERVICES, EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY COMPANY FOR ITS SERVICES DIRECTLY RELATING TO THE ITEM(S) THAT ARE THE SUBJECT OF THE CLAIM.
- COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE WEBSITE. COMPANY CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET.
- IF YOU ARE ACCESSING THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMIT DISCLAIMERS FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES PROVIDED BY COMPANY AND ANY CONTENT ON THE WEBSITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY FURTHER MAKES NO WARRANTIES THAT THE WEBSITE OR CONNECTED SERVICES (A) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE; OR (C) WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS.
- COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE VALUE OR VALUATION OF ANY NFT(S), ANY MARKET FLUCTUATIONS THAT MAY AFFECT THE VALUE OF ANY NFT(S) AND COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOSS, AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING WITHOUT LIMITATION ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; OR (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, (E.G. VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS). COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR INJURY DUE TO VULNERABILITY OR FAILURE OF BLOCKCHAINS OR ANY INHERENT FEATURES OR FUNCTIONS OF NFTS.
- IF YOU ARE ACCESSING THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
Breach and Termination
If You breach any of provision of these Terms, any and all licenses, rights, and permissions granted by Company shall immediately terminate. Notwithstanding the foregoing, Company reserves the right, at its sole discretion, with or without notice or cause, to suspend, disable, or terminate Your Account and/or Your ability to access and use the Website, at any time for any reason.
Governing Law and Jurisdiction
These Terms shall be governed by and shall be construed in accordance with the laws of the state of California, without regard to principles of conflicts of law. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the state of California (and any court of appeal) in Los Angeles County, or the federal courts sitting in the state of California, where applicable, and each Party waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having proper jurisdiction.
Compliance With Laws
Company shall take reasonable steps to ensure that the Website and its contents conform with all applicable laws and regulations; however, You acknowledges that the Website and any related services may be used in various jurisdictions for various applications subject to different regulations and therefore Company cannot warrant compliance with all applicable laws and regulations. Except as expressly set forth herein, Company disclaims any representation or warranty that the Website or its contents or related services conform to any federal, state, or local laws or regulations. If You choose to access the Website from locations outside the United States, You do so at Your own will and You are responsible for compliance with applicable local laws.
- Severability. If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever the term or provision shall be divisible from these Terms and shall be deemed to be deleted 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.
- Survival. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms either Party. Termination will not limit any of either Party's rights or remedies at law or in equity.
- Entire Agreement. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter of this Agreement, and there are no other promises or conditions in any other Agreement, whether oral or written, which would impact this Agreement.
- Binding Agreement/Assignability. hese Terms shall be binding upon and inure to the benefit of You and Company hereto and to their respective heirs, successors, assigns, parent corporation(s), subsidiary(is) or otherwise related or affiliated individual(s) and/or licensee(yes). Notwithstanding the foregoing, neither Party shall be entitled to assign any of the rights or obligations hereunder to any third party without the prior written consent of the other Party.
- Authority. Any Party signing this Agreement on behalf of an entity or other than itself hereby represents and warrants that such Party has the authority to sign on behalf of the indicated entity.
- Headings. The headings contained herein are for the convenience of reference only and shall not in any manner affect the meaning or effect the language contained herein.
- Waivers and Amendments. No failure or delay by the Company in exercising any right, power or privilege under this Agreement, including, but not limited to, the right to terminate this Agreement, shall operate as a waiver of that right, power or privilege. The rights and remedies provided for herein are cumulative and not exclusive of any rights and remedies provided by law. No provision of these Terms may be amended, modified, waived, discharged or terminated otherwise than by the express written agreement of the Parties to these Terms nor may any breach of any provision of these Terms be waived or discharged except with the express written consent of the Party not in breach.