TERMS & CONDITIONS

Last Updated: 20 August 2024

Glitchfits (“the Company” or “we” or “us”) operates the Glitchfits website and associated software, media channels, or applications (collectively, the “Website”). These Terms and Conditions (the “Terms”) govern your access and use of our Website. Please read these Terms carefully, as your use of the Website will automatically constitute your agreement to be legally bound by these Terms. If you do not agree with any part of these Terms, do not use our Website.

1. General Terms and Conditions

Our Website is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use our Website. By using the Website, you represent that you meet this age requirement.

From time to time, we may offer non-fungible tokens (“NFTs”), other digital assets (“Digital Assets”), and/or physical products (collectively, “Products”) through our Website. By participating in the purchase or receipt of these Products, you agree to comply with any specific terms and conditions associated with them in addition to these Terms. Payments for Products that are processed through third-party partners will be subject to the terms and conditions of those partners. You acknowledge that we have no control over these payments or transactions and cannot reverse them once made. We have no liability to you or any third party for any claims or damages that may arise as a result of these payments or transactions.

We may offer Products for sale via auction on our Website (each, an “Auction”). By participating in an Auction, you agree to abide by all rules and regulations applicable to the Auction. Unless otherwise stated, we will take custody of any funds attached to Auction bids and will refund those funds to non-winning bids as soon as reasonably practicable. If you win an Auction, you may redeem the underlying Product within a reasonable timeframe. Failure to redeem within the specified timeframe may result in forfeiture.

2. Intellectual Property4

Our Website, including its source code, databases, functionality, software, website designs, audio, video, text, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws. The Content and Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms or under an applicable license on our Website, no part of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website solely for your personal, non-commercial use.

Our Website may display content, advertisements, and promotions from third parties. We do not control, endorse, or assume any responsibility for third-party content, products, or services. If you decide to access any third-party websites or services, you do so at your own risk, and our Terms do not apply to those websites or services.

3. Digital Assets

Digital Assets purchased from our Website may be bought, sold, and/or traded on third-party marketplaces or exchange sites (such transactions, “Secondary Transactions”). These Secondary Transactions are subject to the terms and conditions of the respective platforms. We are not a party to these Secondary Transactions and make no guarantee about the availability, functionality, or security of these platforms. You acknowledge that your use of these platforms is at your own risk, and we have no liability for any claims or damages arising from Secondary Transactions.

You are solely responsible for paying any and all income, capital gains, sales, use, value-added, and other taxes, duties, and assessments (collectively, “Taxes”) associated with Digital Assets purchased or received by you. This includes taxes that may become payable as a result of your ownership, transfer, purchase, receipt, or sale of NFTs.

We may release Digital Assets on specific blockchain networks. You acknowledge and agree that we may, at our sole discretion, choose whether or not to support (or cease supporting) any Digital Assets on a particular blockchain or fork of a blockchain protocol. We assume no liability, obligation, or responsibility in respect to the operation of underlying software protocols or any unsupported branches of a forked software protocol.

4. Physical Products

From time to time, we may offer physical products for sale or at no cost. The terms and conditions of these releases are at our discretion, and by participating, you agree to any applicable terms and conditions. We make no representations or warranties with respect to the physical products. In the event of defects or issues with the products, we may, at our sole discretion, determine whether to offer any remedial measures. Unless expressly stated otherwise, you will not be permitted to return or exchange physical products, except where required by law.

Certain physical products may be embedded with cryptographic chips or other technology that ties the physical item to a digital token. We make no guarantees regarding the functionality or availability of these technologies, and we do not guarantee the replacement of any defective technology.

5. Representations and Warranties

By using the Website, you represent and warrant that:

1. You have the legal capacity and you agree to comply with these Terms.

2. You are not a minor in the jurisdiction in which you reside.

3. You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise.

4. You will not use the Website for any illegal or unauthorized purpose.

5. Your use of the Website will not violate any applicable law or regulation.

6. Covenants and Restrictions

You agree not to, and will not permit any third party to:

1. Circumvent, interfere with, disable, or disrupt the Website or servers or networks connected to the Website.

2. Violate any applicable local, national, or international law, or any regulations having the force of law.

3. Attempt to bypass any measures designed to prevent or restrict access to the Website.

4. Use the Website to advertise or offer to sell or buy any goods or services for any unauthorized purpose.

5. Decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Website.

6. Use the Website to further or promote any criminal activity or enterprise.

7. Copy or adapt the Website’s software or code.

8. Engage in any activity that could result in the creation, listing, or trading of securities, commodities, options, real estate, or debt instruments, unless expressly authorized.

7. Privacy

We may collect and process personal data, including identification information such as your name, email address, and payment details. We may share this data with third-party service providers to meet our operational needs, including payment processing, hosting services, and compliance with applicable laws and regulations. We recognize the importance of your data and take reasonable steps to protect it. However, we cannot guarantee the security of your data due to inherent risks associated with data transmission over the internet.

8. Assumption of Risk, Disclaimers, and Limitation of Liability

You acknowledge and accept that there are risks associated with the use of blockchain-based assets, including the volatility of price, lack of liquidity, risk of loss due to faulty hardware or software, risk of unauthorized access, and risk of loss due to the loss of private keys. We do not make any representations, warranties, promises, or guarantees regarding the availability, functionality, or security of any blockchain assets.

The Website and Products are provided “AS IS” and “AS AVAILABLE” without any representation, warranty, or endorsement of any kind. We make no warranties, whether express or implied, regarding the Website or Products, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or compatibility. We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

In no event shall we be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, data, or goodwill arising from your use of the Website or Products. Our liability shall be limited to the maximum extent permitted by applicable law, and in no event shall our liability exceed the amount you paid for the use of the Website or Products.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to your use or misuse of the Website or Products, your violation of these Terms, or your infringement of any rights of a third party.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of United Kingdom, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts of London, United Kingdom.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good faith negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration in London, in accordance with the rules of the London Court of International Arbitration (LCIA). The arbitration shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding.

11. Miscellaneous

These Terms, along with any other policies or agreements referenced herein, constitute the entire agreement between you and the Company regarding the Website and Products. No oral or written statements or representations not contained in these Terms shall modify these Terms.

Nothing in these Terms shall be construed as creating a joint venture, partnership, agency, or employment relationship between the parties. Each party is an independent contractor with no authority to bind the other party.

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without such consent will be null and void.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall remain in full force and effect in all other circumstances.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision must be in writing and signed by us.

Contact Information:If you have any questions or concerns about these Terms, please contact us atadmin@creatorsarcstudio.com