"We", "us", and "our" refers to Crowdstack, Inc., and its related entities. "Service" refers to the website degeniverse.com. When we say "you" or "your", we are referring to you, as a person using our Service. This Terms of Service is the "Terms".
We offer an Engagement Platform ("platform service") for NFT collection owners ("collections"). This platform is a mechanism for collections to provide information and interact with their audiences. Any content created by collections via our platform is owned by each collection, which takes full responsibility for the content it creates. We do not moderate or review any such content, and will not take down any content unless compelled by legal authorities.
Fees for the platform, if applicable, are collected in advance of service. Collections may cancel their platform service at any time, for any reason, though no refunds will be provided, even if termination ends prior to the current paid-through period. We may also terminate your platform, but we will only do so if you violate our terms.
Because we allow our platform service collections and community members in general to post on Degeniverse, we require that anyone who posts content refrain from violating our Unacceptable Use Policy (UUP). Violations of our UUP may result in immediate suspension of platform service and/or termination of your account.
We sometimes offer raffles on our site that may include offers/prizes from third party entities. Raffles are awarded via a random draw for all eligible participants. There are no guarantees of success when entering a raffle. In addition, for prizes offered by third party entities, we can make no guarantee that those third parties will deliver the prizes as stated. All raffles are thus offered in good faith only.
For raffles conducted via our Service, you understand that we will share the information you provide when entering a raffle, including your Ethereum address and any other info you provide in association with the raffle, to the entities that are offering the prizes offered in the raffles. We advise you to refer to the privacy policies for each entity prior to participating in a raffle.
Note that under the California Consumer Privacy Act (“CCPA”), we are a “service provider”, not a “business” or “third party”, with respect to your use of the Service. That means we process any data you share with us only to provide the Service. We will not retain, use, disclose, or sell any of that information for any other commercial purposes, unless specifically authorized via these Terms.
We pride ourselves on providing outstanding support for all of our customers. Please contact us anytime at [email protected].
You understand and agree that we shall not be liable to you or any other third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses from your use of the Service (or your inability to use it), even if we have been advised of the possibility of such damages.
We aren't responsible for any bad actions taken by you on the Service and thus you indemnify and hold us and any of our related parties (subsidiaries, affiliates, agents, employees, partners, related entities or licensors) harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising from actions taken via our Service.
If a legal dispute arises, our goal is to provide you with a neutral and cost-effective means of resolving it quickly. Accordingly, you and we agree that any controversy or claim at law or equity that arises shall be resolved by arbitration, in a court of law, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we encourage you to contact us directly to seek a resolution.
We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the service provider being used by us operate the Service, or any malicious or unlawful acts of any third party.
We and our personnel, in performance of the Service, are acting as independent contractors and not as your employees or agents.
The failure by us to enforce our rights under the Terms at any time for any period shall not be construed as a waiver of such rights.
We reserve the right to transfer the Terms or any right or obligation under the Terms without your consent. If that happens, a new company/entity may assume ownership of of the Service. That said, if we transfer such rights to an unrelated third party, we will provide at least 30 days' notice to any registered members of the Service.
The Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. You and we irrevocably consent to the nonexclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming.
These Terms constitute the complete and exclusive statement of the agreement between us and you for the Service, and supersedes all prior proposals and all other agreements, oral and written, between us relating to the Service, unless an alternate agreement was signed between the you and us for Service, in which case that will always take precedence over these Terms. In the event that any provision of the Terms shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.