PIRATES OF THE METAVERSE (“POTM”)
TERMS OF SERVICE (“TOS”)
These TOS apply to the Pirates of The Metaverse™ project, by engaging and/or doing business with Drip Studios LLC (“Drip Studios” or “us”), you hereby agree to the following terms and conditions. If you do not agree with any of these terms, do not engage or do business with us.
1. The POTM Project. The POTM project and related artwork was created and is owned by Drip Studios. POTM pirates’ traits were hand-drawn and 3D-modeled by Drip Studios (“Pirates”) before being randomly generated with thousands of different combinations. The Pirates will be minted on our official website and revealed on OpenSea.io. The initial product launch will be 10,000 individual ERC-721 tokens with generative traits. There is a fixed price of 0.077 ETH + gas fees on pre-sale and 0.1 ETH + gas fees on public sale. No more than five (5) Pirates can be minted per wallet during pre-sale, and no more than ten (10) Pirates can be minted per a transaction during public sale. This gives everyone a chance to mint their own.
2. POTM is and will always be transparent and community driven. All rights that are not explicitly granted herein to the users and owners of Pirates are exclusively reserved to Drip Studios, which rights exclusively reserved to Drip Studios include, but are not limited to, the intellectual property (“IP”) rights associated with “Pirates Of The MetaverseTM ”, “POTM”, and similar used names, logos, trademarks, its website, the look and feel of the user interface, the smart contract code, the generative traits in general, and any future community wallet. Drip Studios also reserves the exclusive right to use those IP rights for any future commercialising, licensing, selling, assigning and merchandising in any manner whatsoever, including but not limited to, their use related to games, and/or movie/television/streaming content purposes.
3. You will own your Pirate non-fungible token (“NFT”). By connecting your Ethereum wallet and minting a Pirate with our smart contract, you will gain full and complete ownership of your Pirates. All sales of Pirates are final and on an “as is” and “as available” basis and you agree that the use of a Pirate is at your own risk. Once you own your Pirate, you are responsible for any loss or damage to, or loss of access to the Pirate, and Drip Studios shall have no liability in those circumstances, whatever the cause.
4. You own exclusive rights to your Pirate. Subject to paragraph 2 above, you will own full rights to your Pirate as long as you continue to own and control the Pirate. You may assign some of these rights to other commercial projects (e.g., Punks Comics), but any future transfer of your Pirate will be subject to those rights that you have already assigned and be subject to these TOS. For example, you can put your Pirate on clothing and merchandise, include them in video games and video projects, and generally do whatever you want with your Pirate. But, you cannot use the names in paragraph (2) on any commercial product unless connected directly to the Pirate(s) you own. All owners of a Pirate agree to use a Pirate only in a project or derivative work that is legal, and specifically all owners agree to not use a Pirate in any project or derivative work that in any way involves hate speech, racism, pornography, or any illegal content.
5. You can make derivative works. We want you to feel empowered to create new projects and uses for your Pirate. You have the right to make derivative works of your Pirate so long as you own the Pirate at the time of creation. Additionally, you may assign those rights to other artists, creatives, or third-party projects so long as you own the Pirate at the time you grant such permissive use.
6. Unrestricted third party uses. Nothing in these terms are meant to limit you or a third party from (i) owning or operating an NFT marketplace that permits the use or sale of the Pirates, so long as the marketplace cryptographically verifies the ownership of the NFT to ensure that only the owner can use and display their Pirate; and (ii) owning or operating a third party website or application that permits the inclusion or involvement of the Pirates generally, provided that the website or application verifies the ownership of the NFT to ensure that only the owner can use and display their Pirate. Furthermore, nothing in this TOS is meant to restrict a third party website’s ability to build tools which track traits or other data.
7. Limitations of Liability for Gas, Failed Transactions, Smart Contract Bugs. We have worked very hard to make sure that there are no bugs in our smart contract and that our initial Pirates launch is smooth. However, sometimes things do not go as planned. You agree to hold Drip Studios and its directors, officers, shareholders and agents harmless for any and all losses or damages (general, special, incidental, punitive, consequential, direct, indirect, consequential or exemplary or the like) that you may incur as a consequence of minting your Pirates. These potential losses include, but are not limited to, gas fees for failed transactions, excessive gas fees charged due to website or smart contract bugs, and any loss of your Pirate due to website or smart contract bugs or problems, however caused.
8. No Guarantees or Future Promises. Drip Studios hopes to continue to develop the POTM project and community. We have released a roadmap outlining some of the future goals we hope to accomplish. While we intend to work towards those goals, unforeseen events do occur and you explicitly accept them.
9. You agree that your purchase of a Pirate from the initial sale is the only commitment by Drip Studios. Any future potential projects, drops, interactive games, community wallet, community gatherings, or other benefits are ancillary to this purchase and should not be taken into consideration with your initial purchase. In other words, you agree that you are not relying on any future commitments by Drip Studios while participating in the initial launch.
10. Pirates are not intended as investments. Pirates are meant to be a fun avatar for your use in games, metaverses. or as a collectible. They are not meant as an investment of any kind. We make absolutely no explicit or implied warranty, commitment, promise or guarantee that Pirates have any value or have any investment or resale potential. You understand and agree that they should be treated as nothing more than a fun and creative collectible for entertainment purposes.
11. POTM are not targeted towards minors. You agree that you are at least 21 years old in the United States or the legal age of an adult in your jurisdiction of residence.
12. Anti-Money Laundering; Sanctions. You agree to comply with any and all applicable anti-money laundering laws and regulations (“AML”). You agree to comply with all related compliance procedures as required by Drip Studios from time to time. You understand, acknowledge, and agree that exports, re-exports and in-country transfers of any NFT, and related services (individually, an “Item” and, collectively, the “Items”) are subject to U.S. export, import, customs, antiboycott, and economic sanctions laws, regulations, rules, and orders (each, a “Trade Control Law”). You shall not export, re-export, or otherwise transfer or provide any Item in contravention of any Trade Control Law, including to anyone (a) in Cuba, Crimea, Iran, North Korea, Russia, Sudan, or Syria, or in any other embargoed destination, or (b) listed on, or owned or controlled by anyone on, a sanctioned party list published by the U.S. Departments of Commerce or Treasury, including the Specially Designated Nationals and Blocked Persons List (a “Sanctioned Party”). You certify that you are not a Sanctioned Party or located in or a resident of any embargoed destination. In addition to any other remedy that Drip Studios may have, Drip Studios may suspend and/or cancel the provision of any Item if Drip Studios believes, in its discretion, that such activity may violate any AML, Trade Control Law or Drip Studios’ own compliance policies.
13. Taxes. You are entirely responsible for any tax liability which may arise from minting and/or reselling your Pirates.
14. Legal Actions. You agree to waive any class action status, and any legal dispute concerning the Pirates and/or against Drip Studios. All legal action must be done on an individual basis.
15. Arbitration. In the event that a legal dispute arises from anything related to the Pirates and/or Drip Studios, you agree to binding arbitration. All claims and disputes arising under or relating to the Pirates are to be settled by binding arbitration in the state of Florida of the United States of America. An award of arbitration may be confirmed in a court of competent jurisdiction.
16. Jurisdiction and Choice of Law. You agree that for purposes of any legal dispute, you will be subject to the jurisdiction of the State of Florida, United States of America. Any legal proceeding will be brought in Florida.
Pirates of The Metaverse™ will only succeed with community support. We look forward to expanding the community well beyond the initial drop.