Welcome to 1UpNova owned and operated by 1UpNova DAO (a/k/a “1UpNova,” “we,” “us” or “our”). 1UpNova is a collection of NFT's (“Non-fungible tokens”) running on the Ethereum network. We are a unique metaverse project where the NFT owners (“Owners”) are given ownership and decision-making rights over metaverse properties and developments.
These Terms and Conditions (“Terms”) govern your access to the use of 1UpNova's website; including without limitation to the viewing, displaying, storing, creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).
This website and its connected Services are provided “as is” and “as available” without warranty of any kind. By using this website users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the 1UpNova smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY.
Change or Modification to the Terms
By using the website, you (“you” or the “Member”) agree to these Terms. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. If we make changes to these Terms, we will provide notice of such changes, by updating the “Last Updated” date at the beginning of these Terms. Because we have a growing number of Services, we sometimes need to describe additional terms for those specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
Owning the NFT: You Own the NFT on the Ethereum blockchain. When you purchase an NFT, you own the underlying Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network. At no point may we seize, freeze, or otherwise modify the ownership of any NFT.
Personal Use: Subject to your continued compliance with these Terms, 1UpNova DAO grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your NFT, provided that the marketplace cryptographically verifies each NFT owner's rights to display the Art for their NFT to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT , provided that the website/application cryptographically verifies each Owner's rights to display the Art for their NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner leaves the website/application.
Commercial Use: Subject to your continued compliance with these Terms, 1UpNova DAO grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. Another example would be to use the NFT to develop other metaverse properties. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of the NFT generally, provided that the marketplace cryptographically verifies each owner's rights to display the Art for their NFT to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of the NFT generally, provided that the third party website or application cryptographically verifies each NFT owner's rights to display the Art for their NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application; or (iii) earning revenue from any of the foregoing.
1UpNova's Intellectual Property
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation to, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of 1UpNova or our affiliates, licensors or users, as applicable. Notwithstanding anything to the contrary contained in these Terms, the Service and Content may include software components provided by 1UpNova or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. The 1UpNova logo and any 1UpNova product or service names, logos or slogans that may appear on the Service are trademarks of 1UpNova or our affiliates and cannot be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “1UpNova” or any other name, trademark or product or service name of 1UpNova or our affiliates without our prior written permission. In addition, the look and feel of the Service and the Content, including and without limitation to, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of 1UpNova and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Service. You agree that you will abide by these Terms and will not:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
Reverse-engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Bypass or ignore instructions that control all automated access to the Service;
Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Use the Ethereum Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, or the Service;
The sale or display of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on 1UpNova is prohibited. If you have reason to believe that an asset listed on 1UpNova was illegally obtained, please contact us immediately.
Our Site is not intended for children. You must be at least 18 years old to access this Site or purchase an NFT. If you are under 18 years old you are not permitted to use this Site for any reason. By accessing the Site, you represent and warrant that you are at least 18 years of age.
Third-Party Wallet Extensions
For conducting cryptocurrency transactions, we use third-party electronic wallet extensions such as (but not limited to) MetaMask; your interactions with MetaMask and/or any third-party electronic wallet extensions are governed by the applicable privacy policies.We may receive Personal and/or Anonymous Data about you from companies that provide our Services by way of a co-branded or private-labelled website or companies that offer their products and/or services on our Service. In particular, MetaMask and other wallets provide us with your Ethereum address and certain other information you choose to share with MetaMask and other wallets. These third-party companies may supply us with Personal Data. We may add this to the information we have already collected from you via our Service in order to improve it. We do not collect Personal Data automatically, but we may tie the information that we collect automatically to Personal Data about you that we collect from other sources or that you provide to us.
You are entirely responsible for any tax liability which may arise from minting or reselling your NFT or any metaverse property. 1UpNova does not provide any tax or financial advice. Please consult a tax professional for additional information.
Price Disclaimer :
1UpNova makes no guarantee that the NFT will appreciate in value beyond what the market deems its price to be. All investments, including NFTs, involve risk, including the potential loss of your principal investment. We will continuously work to use the
NFTs and metaverse properties to provide real world value to the project, however all prices are subject to market factors and therefore should be treated accordingly. 1UpNova makes no recommendation to buy or sell any particular investment or engage in any specific investment strategy. You must work with a financial professional to determine the right level of risk tolerance for yourself.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless 1UpNova, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assignees, 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 (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (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 Service, User Information or Crypto Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party. You agree to promptly notify 1UpNova of any third- party Claims and cooperate with 1UpNova in defending such Claims.
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 crypto assets, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service or crypto assets.
1UpNova is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), blockchains or any other features of the crypto assets. 1UpNova is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets including forks, technical node issues or any other issues having fund losses as a result.
There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your account. You accept and acknowledge that 1UpNova will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets.
Limitation of Liability
To the fullest extent permitted by law, in no event will 1UpNova 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 service, 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 1UpNova has been advised of the possibility of such damages. Access to, and use of, the services and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Questions/ Contacting 1UpNova / Reporting Violations:
If you have any questions or concerns or complaints about our Terms and Conditions, or if you want to report any security violations to us, please contact us at email@example.com
Dispute Resolution; Arbitration
All disputes arising out of or in connection with these Terms, including without limitation to, your access or use of the Site, or to any products sold or distributed through the Site, will be referred to and finally resolved by arbitration under the rules of the American Arbitration Association. The case will be adjudicated by a single arbitrator and will be administered by the American Arbitration Association in accordance with its applicable rules. Each party will cover its own fees and costs associated with the arbitration proceedings. The place of arbitration will be in Los Angeles, California. The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction.
With respect to any dispute arising out of or related to these terms, including without limitation disputes related to the site or any products sold or distributed through the site, or the smart contracts: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants in any lawsuit, including but not limited to class action lawsuits involving any such dispute.
Governing Law and Venue
These Terms, your access to and use of the Service and Content shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles of the State of California, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the State of California.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable 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.