Terms of Service
Website Terms Of Service
Last Updated: [June 1 2023]
Last Updated: [June 1 2023]
Please read these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully
because they govern your use of the website located at https://defient.co/ and the content and
functionalities accessible via the Site (collectively, the “Site”) offered by Defi Entertainment, Inc.
(“Defient”), a Delaware corporation.
because they govern your use of the website located at https://defient.co/ and the content and
functionalities accessible via the Site (collectively, the “Site”) offered by Defi Entertainment, Inc.
(“Defient”), a Delaware corporation.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE
AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DEFIENT
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY
SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF
YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF
DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 14 WILL NOT APPLY TO YOU BUT THE
PROVISIONS OF SECTION 13 (GOVERNING LAW) WILL APPLY INSTEAD.
AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DEFIENT
THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY
SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF
YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS ARBITRATION OF
DISPUTES, THE AGREEMENT TO ARBITRATE IN SECTION 14 WILL NOT APPLY TO YOU BUT THE
PROVISIONS OF SECTION 13 (GOVERNING LAW) WILL APPLY INSTEAD.
1. Agreement to Terms. By using our Site, you agree to be bound by these Terms. If you don’t agree to
be bound by these Terms, do not use the Site.
be bound by these Terms, do not use the Site.
2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use and share your information.
3. Changes to these Terms or the Site. We may update the Terms from time to time at our sole
discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you
review the Terms whenever we update them or you use the Site. If you continue to use the Site after
we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree
to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or
any part of the Site, at any time and without notice, at our sole discretion.
discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you
review the Terms whenever we update them or you use the Site. If you continue to use the Site after
we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree
to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or
any part of the Site, at any time and without notice, at our sole discretion.
4. Who May Use the Site? You may use the Site only if you are 18 years or older and capable
of forming a binding contract with Defient, and not otherwise barred from using the Site under applicable
law.
of forming a binding contract with Defient, and not otherwise barred from using the Site under applicable
law.
5. Feedback. We value your feedback on the Site, but please don’t send us suggestions for
improvements, creative ideas, designs, pitch portfolios or other materials (collectively “Unsolicited
Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Site might
seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed
or in the future will develop ideas or materials internally or receive ideas or materials from other
parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited
Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free,
sub-licensable and transferable license under any and all intellectual property or other rights that you
own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer
for sale, import and otherwise exploit in any manner or medium whatsoever known now or in the
future your Unsolicited Ideas for any purpose, without compensation to you.
improvements, creative ideas, designs, pitch portfolios or other materials (collectively “Unsolicited
Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Site might
seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed
or in the future will develop ideas or materials internally or receive ideas or materials from other
parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited
Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free,
sub-licensable and transferable license under any and all intellectual property or other rights that you
own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer
for sale, import and otherwise exploit in any manner or medium whatsoever known now or in the
future your Unsolicited Ideas for any purpose, without compensation to you.
6. Defients’ Intellectual Property. We may make available through the Site content that is subject to
intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual
property rights, retain all rights to that content.
intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual
property rights, retain all rights to that content.
7. General Prohibitions and Defients’’ Enforcement Rights. You agree not to do any of the following:
Defient is not obligated to monitor access to or use of the Site or to review or edit any content.
However, we have the right to do so for the purpose of operating the Site, to ensure compliance with
these Terms and to comply with applicable law or other legal requirements. We reserve the right, but
are not obligated, to remove or disable access to any content, at any time and without notice,
including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of
these Terms. We have the right to investigate violations of these Terms or conduct that affects the
Site. We may also consult and cooperate with law enforcement authorities to prosecute users who
violate the law.
- (a) Use, display, mirror or frame the Site or any individual element within the Site, Site’s name, any
Defient trademark, logo or other proprietary information, or the layout and design of any page
or form contained on a page, without Defients’ express written consent; - (b) Access, tamper with, or use non-public areas of the Site, Defients’ computer systems, or the
technical delivery systems of Defients’ providers; - (c) Attempt to probe, scan or test the vulnerability of any Defients’ system or network or breach
any security or authentication measures; - (d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any
technological measure implemented by Defient or any of Defients’ providers or any other third
party (including another user) to protect the Site; - (e) Attempt to access or search the Site or download content from the Site using any engine,
software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or
the like) other than the software and/or search agents provided by Defient or other generally
available third-party web browsers; - (f) Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third
party or in any manner not permitted by these Terms; - (g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to
provide the Site; - (h) Interfere with, or attempt to interfere with, the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; - (i) Impersonate or misrepresent your affiliation with any person or entity;
- (j) Violate any applicable law or regulation; or
- (k) Encourage or enable any other individual to do any of the foregoing.
Defient is not obligated to monitor access to or use of the Site or to review or edit any content.
However, we have the right to do so for the purpose of operating the Site, to ensure compliance with
these Terms and to comply with applicable law or other legal requirements. We reserve the right, but
are not obligated, to remove or disable access to any content, at any time and without notice,
including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of
these Terms. We have the right to investigate violations of these Terms or conduct that affects the
Site. We may also consult and cooperate with law enforcement authorities to prosecute users who
violate the law.
8. Links to Third Party Websites or Resources. The Site may allow you to access third-party websites or
other resources. We provide access only as a convenience and are not responsible for the content,
products or services on or available from those resources or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from, your use of any third-party
resources.
other resources. We provide access only as a convenience and are not responsible for the content,
products or services on or available from those resources or links displayed on such websites. You
acknowledge sole responsibility for and assume all risk arising from, your use of any third-party
resources.
9. Termination. We may suspend or terminate your access to and use of the Site, at our sole discretion,
at any time and without notice to you. Upon any termination, discontinuation or cancellation of these
Terms or the Site, the following Sections will survive: 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.
at any time and without notice to you. Upon any termination, discontinuation or cancellation of these
Terms or the Site, the following Sections will survive: 5, 6, 8, 9, 10, 11, 12, 13, 14, and 15.
10. Warranty Disclaimers. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Site will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness,
truthfulness, completeness or reliability of any information or content on the Site. Any reliance you
place on such information or content is strictly at your own risk
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-
INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Site will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness,
truthfulness, completeness or reliability of any information or content on the Site. Any reliance you
place on such information or content is strictly at your own risk
11. Indemnity. You will indemnify and hold Defient and its officers, directors, employees and agents,
harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any
way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and
expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any
way connected with (a) your access to or use of the Site, or (b) your violation of these Terms.
12. Limitation of Liability.
- (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DEFIENT NOR ITS SERVICE
PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR
ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR
GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF
SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR
FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT DEFIENT OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE. - (b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DEFIENTS’ TOTAL LIABILITY
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO
USE THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100). - (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DEFIENT AND YOU.
13. 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 Delaware, 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 Defient are not
required to arbitrate will be the state and federal courts located in the State of Delaware, and you
and Defient each waive any objection to jurisdiction and venue in such courts.
the U.S. Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, 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 Defient are not
required to arbitrate will be the state and federal courts located in the State of Delaware, and you
and Defient each waive any objection to jurisdiction and venue in such courts.
14. Dispute Resolution.
- (a) Informal Resolution of Disputes. You and Defient 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 Defient 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 Defient, Attn: 14613 Round Valley Dr. Sherman Oaks CA. 91403 - (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 Defient agree that the U.S. Federal Arbitration Act governs the interpretation
and enforcement of these Terms, and that you and Defient 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 14(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 www.adr.org 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 www.adr.org. 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 won’t 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’ll pay all of our attorneys’ fees and costs and won’t 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 DEFIENT 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 Section 14(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.
15. General Terms.
- (a) Reservation of Rights. Defient and its licensors exclusively own all right, title and interest in and
to the Site, including all associated intellectual property rights. You acknowledge that the Site is
protected by copyright, trademark, and other laws of the United States and other jurisdictions. You
agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Site. - (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and
agreement between Defient and you regarding the Site, and these Terms supersede and replace all
prior oral or written understandings or agreements between Defient and you regarding the Site. If
any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction,
that provision will be enforced to the maximum extent permissible and the other provisions of these
Terms will remain in full force and effect. Except where provided by applicable law in your
jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without
Defients’ prior written consent. Any attempt by you to assign or transfer these Terms absent our
consent or your statutory right, without such consent, will be null. Defient may freely assign or
transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure
to the benefit of the parties, their successors and permitted assigns. - (c) Notices. Any notices or other communications provided by Defient under these Terms will be
given by posting to the Site. - (d) Waiver of Rights. Defients’ failure to enforce any right or provision of these Terms will not
be considered a waiver of such right or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized representative ofDefient. Except as
expressly set forth in these Terms, the exercise by either party of any of its remedies under these
Terms will be without prejudice to its other remedies under these Terms or otherwise.
16. Contact Information. If you have any questions about these Terms or the Site, please contact
Defient at [ support@defient.co ].
Defient at [ support@defient.co ].
NFT TERMS & CONDITIONS
Cre8ors is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only
an interface allowing participants to exchange digital collectibles. 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 Cre8ors smart contract runs
on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
Cre8ors is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only
an interface allowing participants to exchange digital collectibles. 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 Cre8ors smart contract runs
on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
This website and its connected services are provided “as is” and “as available” without warranty of any
kind. By using this website you are accepting sole responsibility for any and all transactions involving
Cre8ors digital collectibles.
kind. By using this website you are accepting sole responsibility for any and all transactions involving
Cre8ors digital collectibles.
NFT OWNERSHIP
i. You Own the NFT. Each Cre8or is an NFT on the Ethereum blockchain. When you purchase an NFT,
you own the underlying Cre8or, the 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 Cre8or.
you own the underlying Cre8or, the 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 Cre8or.
ii. Personal Use. Subject to your continued compliance with these Terms, Defi Entertainment Inc. 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 Cre8or / NFT, provided that the marketplace cryptographically verifies each Cre8or owner’s
rights to display the Art for their Cre8or 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 Cre8or, provided that the website/application cryptographically verifies each Cre8or owner’s
rights to display the Art for their Cre8or 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 Cre8or leaves the website/application.
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 Cre8or / NFT, provided that the marketplace cryptographically verifies each Cre8or owner’s
rights to display the Art for their Cre8or 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 Cre8or, provided that the website/application cryptographically verifies each Cre8or owner’s
rights to display the Art for their Cre8or 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 Cre8or leaves the website/application.
iii. Commercial Use. Subject to your continued compliance with these Terms, Defi Entertainment Inc.
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 e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.)
displaying copies of the Art. 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 Cre8ors generally,
provided that the marketplace cryptographically verifies each Cre8or owner’s rights to display the Art
for their Cre8or 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 Cre8ors
generally, provided that the third party website or application cryptographically verifies each Cre8or
owner’s rights to display the Art for their Cre8or 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 Cre8or leaves the
website/application; or (iii) earning revenue from any of the foregoing.
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 e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.)
displaying copies of the Art. 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 Cre8ors generally,
provided that the marketplace cryptographically verifies each Cre8or owner’s rights to display the Art
for their Cre8or 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 Cre8ors
generally, provided that the third party website or application cryptographically verifies each Cre8or
owner’s rights to display the Art for their Cre8or 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 Cre8or leaves the
website/application; or (iii) earning revenue from any of the foregoing.
17. Cre8ors Affiliate Program Terms and Conditions.
*By participating in the Cre8ors Affiliate Program ("Program"), affiliates ("you" or
"Affiliate") agree to abide by the following terms and conditions:*
- 1. **Eligibility and Registration**: Only users who own a Cre8ors NFT are eligible to participate in the Program. To join the Program, you must set up an ERC-6551 smart wallet associated with your Cre8ors NFT.
- 2. **Referral Links**: Once registered, you can generate a referral link associated with your smart wallet. This link is the tool you will use to promote Cre8ors NFTs.
- 3. **Promotion**: Anyone can promote any referral link. It is the responsibility of the Affiliate to ensure the promotion of the referral link is conducted ethically, legally, and without spam or harassment.
- 4. **Commissions**: For every Cre8ors NFT that is minted using your referral link, your associated smart wallet will receive 20% of the sale in Ethereum (ETH) via the smart contract.
- 5. **Withdrawals**: As long as you remain the owner of the Cre8ors NFT bound to the smart wallet associated with the referral link used to mint a new Cre8ors NFT, you may withdraw funds from your smart wallet at any time.
- 6. **Liability Disclaimer**:
- - **6.1** Defi Entertainment LLC ("Company") and its affiliated entities are not responsible for any unauthorized access to, or use of, your smart wallet or any losses or damages arising from such unauthorized access or use.
- - **6.2** The Company is not responsible for any technical issues, including those that might prevent or delay the minting of NFTs or the transfer of ETH.
- - **6.3** The Company shall not be held liable for any misrepresentation, fraud, or any misleading activities conducted by the Affiliate.
- - **6.4** The Company is not responsible for any tax liabilities or financial responsibilities arising from the commissions or any other transactions related to the Program. It is the Affiliate's responsibility to report and pay taxes in accordance with their jurisdiction.
- 7. **Termination**: The Company reserves the right to terminate or suspend any Affiliate's access to the Program for any reason, including but not limited to, breach of these terms, fraud, or misuse of the Program. Upon termination, any remaining funds in the Affiliate's smart wallet will remain accessible per the conditions stated in clause 5.
- 8. **Amendments**: The Company may, at its sole discretion, revise or amend these terms and conditions at any time without prior notice. Continued participation in the Program following any such changes constitutes your acceptance of the revised terms.
- 9. **Governing Law**: These terms and conditions are governed by the laws of the jurisdiction in which Defi Entertainment LLC is registered. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of that jurisdiction.
- 10. **Indemnity**: You agree to indemnify, defend, and hold harmless Defi Entertainment LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your smart wallet (including negligent or wrongful conduct).
- 11. **Miscellaneous**: If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
