You affirm that you are over the age of 16. The Site is not intended for children under 16. If you are under the age of 16, you may not use the Site. We do not knowingly collect information from or direct any of our content specifically to children under the age of 16. If we learn or have reason to suspect that you are a user who is under the age of 16, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Site.
XII. CHANGES TO THE SITE
We are constantly innovating the Site to help provide the best possible experience. You acknowledge and agree that the form and nature of the Site, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Site at any time without notice.
XI. FORCE MAJEURE
(i) Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control.
(ii) Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section 11, we may thereafter terminate these Terms upon fifteen (15) days’ written notice.
X. EXTERNAL SITES
The Site may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
You agree to hold harmless and indemnify us and our parent, subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys’ fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Site; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site. You agree that we will have control of the defense or settlement of any such claims.
VIII. ASSUMPTION OF RISK
(i) Value and Volatility. The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot and do not guarantee that any NFT purchased will retain its original value, or any value at all, as the value of collectibles is inherently subjective and factors occurring outside of the Site ecosystem may materially impact the value and desirability of any particular NFT.
(ii) Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Site.
(iii) Use of Blockchain. The Site does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Site’s supporting blockchain in the Blockchain network. Any transfer of NFTs occurs within the supporting blockchain in the Blockchain Network, and not on the Site.
(iv) Inherent Risks with Internet Currency. There are risks associated with using an Internet-based of crypto-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 electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchain Network, however caused.
(v) Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFT, and therefore the potential utility or value of your NFTs.
(vi) Software Risks. Upgrades to the Blockchain Network, a hard fork in the Blockchain Network, or a change in how transactions are confirmed on the Blockchain Network may have unintended, adverse effects on all blockchains using the Blockchain Network’s NFT standard.
VII. LIMITATION OF LIABILITY
You understand and agree that we, our parent, subsidiaries, affiliates and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, diminution of value or any other intangible loss, even if we have been advised of the possibility of such damages.
You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the site, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of the amounts you have actually and lawfully paid us under these terms in the two (2) month period preceding the date the claim arose.
You acknowledge and agree that we have made the site available to you and entered into these terms in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between us and you and form an essential basis of the bargain between us and you. We would not be able to provide the site to you without these limitations.
VI - DISCLAIMERS
You expressly understand and agree that your access to and use of the site is at your sole risk, and that the site is provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to sitelicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the site and any part of it, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our parent, subsidiaries, affiliates, and licensors do not represent or warrant to you that:
(i) your access to or use of the site will meet your requirements;
(ii) your access to or use of the site will be uninterrupted, timely, secure or free from error;
(iii) usage data provided through the site will be accurate;
(iv) the site or any content, services, or features made available on or through the site are free of viruses or other harmful components;
or (v) that any data that you disclose when you use the site will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.
You accept the inherent security risks of providing information and dealing online over the internet, and agree that we have no liability or responsibility for any breach of security unless it is due to our willful default.
We will not be responsible or liable to you for any losses you incur as the result of your use of the blockchain network, or your electronic wallet, including but not limited to any losses, damages or claims arising from:
(i) user error, such as forgotten passwords or incorrectly construed smart contracts or other transactions;
(ii) server failure or data loss;
(iii) corrupted wallet files;
or (iv) unauthorized access or activities by third parties, including, but not limited to, the use of viruses, phishing, brute-forcing or other means of attack against the site, the blockchain network, or any electronic wallet.
NFT's are intangible digital assets that exist only by virtue of the ownership record maintained in a blockchain network. All smart contracts are conducted and occur on the decentralized ledger within the blockchain network. We have no control over and make no guarantees or promises with respect to smart contracts.
We are not responsible for losses due to blockchains or any other features of the blockchain network, or any electronic wallet, or any other software used in conjunction with such networks or wallets, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the blockchain network, including forks, technical node issues, or any other issues having fund losses as a result.
V - TERMINATION
(i) You Terminate. You may terminate these Terms at any time by canceling your account on the Site and discontinuing your access to and use of the Site. If you cancel your account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Site.
(ii) We Terminate. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Site without the provision of prior notice. You agree that any suspension or termination of your access to the Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
(iii)Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
(iv) Referral to Governmental Authority. We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Site.
(v) Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Site or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 1 and 3 through 16 will survive the termination or expiration of these Terms for any reason.
You waive and hold us and our parent, subsidiaries, affiliates and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors harmless from any and all claims resulting from any action taken by us and any of the foregoing parties relating to any investigations by either us or such parties or by law enforcement authorities.
IV - CONDITIONS OF USE AND PROHIBITED ACTIVITIES
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE SITE, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE SITE ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
(i) User Warranties.
Without limiting the foregoing, you represent and warrant that your use of the Site will not (and will not allow any third party to):
(a) in any manner:
(1) involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
(2) involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(3) involve the uploading, posting, transmitting or otherwise making available through the Site any content that infringes the intellectual proprietary rights of any party;
(4) involve using the Site to violate the legal rights (such as rights of privacy and publicity) of others; (5) involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);
(6) involve interfering with other users’ enjoyment of the Site;
(7) involve exploiting the Site for any unauthorized commercial purpose;
(8) involve modifying, adapting, translating, or reverse engineering any portion of the Site;
(9) involve removing any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it;
(10) involve reformatting or framing any portion of the Site;
(11) involve displaying any content on the Site that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
(12) involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the content posted on the Site, or to collect information about its users for any unauthorized purpose;
(13) involve accessing or using the Site for the purpose of creating a product or service that is competitive with any of our products or services;
(14) involve abusing, harassing, or threatening another user of the Site or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by our employees or otherwise); or
(15) involve using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Site or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers
(b) in any manner:
(1) involve creating user accounts by automated means or under false or fraudulent pretenses;
(2) involve the impersonation of another person (via the use of an email address or otherwise);
(3) involve using, employing, operating, or creating a computer program to simulate the human behavior of a user (“Bots”);
(4) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Site (including, without limitation, purchases any NFTs);
(5) involve acquiring NFTs through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a NFT and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT or selling, gifting or trading the NFT to someone else); or
(6) involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the Site; or
(7) otherwise involve or result in the wrongful seizure or receipt of any NFT or other digital assets
(each of the above listed events in these section 4 being a “Prohibited Activity” and together the “Prohibited Activities”).
(ii) Effect of Your Breaches.
If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your NFT’s images and descriptions from the Site. If we delete your NFT’s images and descriptions from the Site, such deletion will not affect your ownership rights in any NFTs that you already Own, but you will not receive a refund of any amounts you paid for those NFTs.
Not with standing the foregoing, however, if we reasonably believe that you are engaged in any of the prohibited activities, in addition to our right to immediately suspend or terminate your user account and/or delete your NFT’s images and descriptions from the site, we also reserve the right, at our sole and absolute discretion, without notice or liability to you, to take any or all of the following actions: (a) to deem any transaction that took place via or as the result of such activities to be void ab initio; and/or (b) where practicable, to immediately confiscate any NFT's (including their underlying NFT's) that were purchased or acquired as the result of such activities.
III - OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
For the purposes of this Section the following capitalized terms will have the following meanings:
“Content” means any art, design, drawings, or images or data of any kind that may be associated with a NFT that you Own.
“Own” means, with respect to a NFT, a token whose holder is entitled to be the beneficiary of a limited license granting the right to display, subject to the terms of this Agreement, a digital good that you have purchased or otherwise lawfully acquired from us or from any other source which is displayed on our Site (and not through any of the Prohibited Activities), where proof of such purchase is recorded on the Blockchain Network.
“Purchased NFT” means a NFT that you Own.
(i) Ownership of NFT. When you purchase an NFT, you own the NFT but you do not own any Third Party IP incorporated in or associated with the NFT or the Content except for the license grants expressly set forth in Section 3(v) below. Ownership of any NFT is subject to the terms of this Agreement. Ownership of the NFT is mediated entirely by the Blockchain Network. (ii)
(iii) We Own the Site. You acknowledge and agree that we (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Site, and all intellectual property rights therein (including, without limitation, all Content, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Site (collectively, the “Site Materials”)). You acknowledge that the Site Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Site Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Site or otherwise contained in the Site Materials are proprietary to us or our licensors.
(iv) Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (a) that your purchase of an NFT, whether via the Site or otherwise, does not give you any rights or licenses in or to the Site Materials (including, without limitation, Third Party IP, and our and third parties’ copyright in and to the associated Content) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Site Materials (including, without limitation, any Content) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
(v) User License to Content. Subject to your continued compliance with these Terms, we grant you a worldwide, exclusive, transferable, license to use, copy, and display the Content for your NFTs, solely for the following purposes and solely when you are the owner of such NFT: (a) for your own personal or commercial use; (b) 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 Content for their NFT to ensure that only the actual owner can display the Content; or (c) 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 NFT’s owner’s rights to display the Content for their NFT to ensure that only the actual owner of the NFT can display the Content, and provided that the Content is no longer visible once the owner of the NFT leaves the website/application.
(x) User Feedback. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the App (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
II - PAYMENT, GAS FEES, AND TAXES
(i) Payment for Mint or Trade. Each non-fungible token purchased will have a price according to the collection they are part of.
(ii) Gas Fees. Transactions on blockchain networks require the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the Blockchain Network. This means that you will need to pay a Gas Fee for each transaction that you instigate via the Site. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Site.
(iii) We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Site, or any other payment or transactions that you conduct via the Site or otherwise.
I - USE OF THE SITE; ACCOUNT SET-UP AND SECURITY
(i) Account and Wallet Set-Up. To most easily use the Site, you should first install a web browser (we recommend Google Chrome as a web browser). You may also need to use a supported electronic wallet which will enable you to purchase via the Site. Each collectible is a Non-Fungible Token (an “NFT”) on the different blockchain networks as Adiem Team SL may choose to list Collection-Ventures.
(ii) Account Registration. To create a functional account on Site you need an Applewath Series 4 or later and should complete the following steps:
Download Adiem App from Applestore
Use Apple Signup using the option of not hiding your email address
Return to Site and signup to open the Synerative account
Validate it using the email from step 2 above
(iii) Account Security. You are responsible for the security of your account for the Site and for your electronic wallets. If you become aware of any unauthorized use of your password or of your account notify us immediately at firstname.lastname@example.org
(iv) Account Transactions. You can use your electronic wallet to mint or trade your tokens. Transactions that take place on the Site are managed and confirmed via the Blockchain Network. You understand that your Blockchain Network public address will be made publicly visible whenever you engage in a transaction on the Site.
Synerative.com is a website (Site) that provides users with the opportunity to create, mint, and trade non-fungible tokens. There are 2 types of tokens on Site:
Access non-fungible tokens (NFT) that grant membership access to Collection-Ventures
Bio-Generative Assets (BGAs) are NFT created and organized in Collection-Ventures. Bio-Generative Assets are a form of NFT that contain biometric and contextual data along with other bio generative types of media.
Adiem Team SL is a company incorporated in Barcelona, Spain, domiciled at Calle Balmes 7, Atico, registered at the Spanish trade office under number B02970028.
Adiem Team SL is operating the websites adiem.com and synerative.com as well as iOS wearable app “Adiem”.
Your continued use of this Site or any NFT after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By using this Site, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using this Site on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
You may not use this Site if you: (i) do not agree to these Terms; (ii) are not over 18 years of age; or (iii) are prohibited from accessing or using this Site or any of this Site’s contents, products or services by applicable law.
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