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Terms of Service:


By accessing our Platform or using our Service, including registering for a User Account, you agree to these Terms of Service. If you do not agree to these Terms of Service you are prohibited from using our websites, and must leave now.


Introduction:

Welcome to the CumRocket websites, we ask that you carefully read all of the following terms, which you agree shall govern our relationship as you use our Services. 

CumRocket is an adult-only social media platform, allowing users to monetize and share their adult content with each other, and to network with each other. 

We seek to provide access to innovations in the space of distributed ledger technology, and we offer users the ability to leverage distributed ledger technology to facilitate payments, data provision, verification, or for other purposes. 

CumRocket is operated by Amethyst Projects Limited. We are a limited company registered in England and Wales, with company registration number 13433636 and we have our registered office address at 7 Bell Yard, London, England, WC2A 2JR.

These Terms shall be governed by English law and the jurisdiction of the courts of England and Wales.

Should you have any questions or concerns regarding our website or Services, you seek to report a violation of our Terms of Service, or for general information and inquiries, please contact us at [email protected]


Interpretation:

CumRocket is the property of Amethyst Projects Limited, who owns and operates the CumRocket websites and related intellectual property (“we”, “us”, “our”, the “Company”).

  1. “Creator” refers to any User who has requested and been approved for the uploading, posting, participation, or benefacting in Content accessible on our Service, and may also be referred to as “you” or “your” in the context of these Terms.
  2. “Crypto Content” ( or “Content”) refers to any Media that may take the form of non-fungible or fungible tokens, and be implemented on the Binance Smart Chain, Ethereum, or similar distributed ledger technology using smart contracts, and which is accessible through our Service. 
  3. “Media” refers to any content uploaded to the Service, including media such as, but not limited to, photo and video in 2D or 3D, VR media, audio, livestream material, data, metadata, text, messages, comments, reactions, and any other relevant media. 
  4. “Platform” refers to our websites at www.cumrocket.io, subdomains of this website, and other websites added in the future.
  5. “Sales” refers to the process by which we help Users locate and initiate transactions for Media, or Crypto Content facilitated by third-party extensions and fulfilled by distributed ledger technology, such as Binance Smart Chain, Ethereum, or similar distributed ledger. See our Sales Process section for more information.
  6. “Service” refers to our services provided through www.cumrocket.io, services offered at subdomains of this website, and other services added in the future.
  7. “Terms of Service” (your agreement with us) refers to the entire legally binding agreement between us, known collectively as these “Terms,” and includes:
    1. the “Acceptable Use Policy,”
    2.  the “Arbitration Policy,”
    3.  the “Creator Policy,”
    4. the “Privacy Policy,”
    5. the “Referral Program,”
    6. the “Standard Contract Between Buyer and Seller”
    7. these “Terms of Service,”
    8.  and, the “User Account Policy”.
  8. “User” refers to any and all users of our Service, including Creators, also referred to as “you” or “your”.
  9. “User Payments” refers to the third-party transactions Users conduct with other Users, including and principally Creators, typically for the provision or resale of Content accessible on or viewable through our Service. These include but are not limited to purchases, subscriptions, tips, auctions, and other methods of transaction facilitated by third-party extensions, enabled by distributed ledger technology, and initiated on or through our Service, collectively referred to in the Sales process as User Payments.

Acceptance:

By accessing our Platform or using our Service, you agree that you have read and understand our Terms of Service, and agree to its terms and conditions, including:

  1. You understand that our Services are prohibited to, and not intended for, minors.You represent that you are both at least 18-years old, and the minimum age of majority for the consumption of adult material in your jurisdiction of residence.
  1. You are prohibited from using our Service if you cannot or are not able to accept the entirety of these Terms, to the extent required by all applicable laws.
  1. We bear no responsibility for ensuring your compliance with this agreement is acceptable and legal in your jurisdiction. Moreover, you understand and agree that you are responsible for ensuring you have the necessary hardware and software technology to access and utilize our Service, such as but not limited to third-party extensions or applications.
  1. You are not permitted to share your password or account access information with third-parties, to share accounts, or to utilize multiple accounts. Users are responsible for diligently following best practices to secure their own personal information and access information to the best of their ability.
  1. You understand that third-party extensions are not provided by us and are governed by their own Terms of Service and Privacy Policy. By performing a User Payment facilitated by a third-party extension, initiated on our Platform, you are agreeing that you understand and consent to the Terms of Service and Privacy Policy of these third-parties.
  1. You agree that CumRocket serves as a social media network through which Users and Creators can initiate and perform Sales of Content, fulfilled by third-party extensions, and is not in any way a brokerage, financial institution, trading entity, or any other form of direct market or direct payment processor. 

Finally, to reiterate, our website is not intended for minors or anyone under the legal age of majority for adult content consumption in their jurisdiction. If you are not an adult you cannot use our Service. 


Modification of the Terms of Service:

We reserve the right to amend these Terms of Service at any time, with or without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. If you do not agree to, or cannot agree to any revised Terms as and when they happen, you may not continue to use the Service.

When possible we will notify you of any modifications of these Terms ahead of time, providing you with the opportunity to review the updated Terms prior to their implementation, and to suspend or terminate your participation in this agreement at any time beforehand according to the conditions set forth in these Terms prior to their planned modification.


Regarding our Privacy Policy:

Our Privacy Policy describes how we handle the information you provide to us when you use our platform. You agree that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the UK, United States, Canada and/or other countries for storage, processing and use by CumRocket and its affiliates.

Click here for Our Privacy Policy


Regarding our User Account Policy:

Our User Account Policy describes how you register for a User Account, how we handle and manage your data, and the rights and obligations entailed by all parties. Please read, review, and refer to our User Account Policy as appropriate. You agree to know what data we collect and require for verification, to keep it updated, and to follow any and all other terms as set out by our User Account Policy. 

Click here for our User Account Policy.


Regarding our Creator Policy:

Our Creator Policy describes how Creator’s may interact with the Platform. User’s that intend to post any Content as a Creator agree to our Creator Policy, including the terms and conditions to which their registration is subject, the reciprocal rights granted, and the obligations incurred by the parties.

Click here for our Creator Policy.


Regarding our Arbitration Policy:

Our Arbitration Policy describes how, with limited exceptions, that any disputes arising under these Terms, or by use of the Platform, must be submitted to binding and final arbitration as described. Please ensure that you have carefully read and understood our Arbitration Policy.

By using the Platform you agree that: 

  1. You will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class action member to any class or representative action proceeding; and that, 
  1. You are agreeing to mandatory and individual arbitration for the resolution of disputes; and that,
  1. You are expressly waiving your right to a trial by jury. 

Click here for our Arbitration Policy.


Regarding our Acceptable Use Policy:

Our Acceptable Use Policy governs the actions, conditions, and content we consider acceptable and obligations and commitments you make in turn by using our Platform. 

Our Acceptable Use Policy governs all prohibited usage and disallowed content. It is especially important that you are familiar with our Acceptable Use Policy as a Creator before attempting to upload or link any Media, or Content, to or through our Platform or Services, before doing so, to prevent any potential violation of prohibited use.

The Service may include User generated Media, including but not limited to comments, messages, and tip notes that are not verified or approved by us, and the views and values expressed in any such Media do not represent our own.

We will make best efforts to prevent the initiation of any unethical or illegal Media or Content upload or transaction. Anybody with evidence or suspicion of a violation of these Terms must report the violation to [email protected].

Please carefully read our entire Acceptable Use Policy, including any addendums, regular, or announced changes we make as necessary over time. 

Click here for our Acceptable Use Policy.


Changes to the Website and Platform:

We may make updates to the website and Services in the required course of both development, maintenance, and operation of the website and Services. Moreover, we may suspend, terminate, archive, or deactivate any portion of our website or Services at any time, at our sole discretion.

You understand that the development on the Platform and Services are a continuingly iterative process, that changes will occur, additional features may be introduced or removed over time, and that new content may become available or cease to be available. 


Maintenance and Service Interruptions:

We will attempt to notify you ahead of time of all website and Service maintenance, and any and all interruptions related to maintenance or other necessary downtime. We will notify you ahead of time for all scheduled, planned, and premeditated maintenance, which we hope shall be in all cases, but this is not guaranteed. It will not always be possible to notify you ahead of time. 

You understand that service interruptions may arise spontaneously, preventing partial or whole access to the website and Services, in the normal course of operations. We shall not be liable for any failure or delay in the performance of services resulting from causes beyond our reasonable control, including without limitation such circumstances as war, terrorism, riots, embargoes, civil unrest, flood, fire, natural disaster, general strikes or labour disputes, shortages of material, or acts of god. 

We must also reinforce that we are not directly facilitating the provision of any assets, as Crypto Content is facilitated by distributed ledger technology such as through the Ethereum blockchain, or similar technology. As a result we cannot directly govern these networks, and have no influence over their network stability, functionality, maintenance, effectiveness, or survivability. We may be forced to perform our own maintenance by third-party extensions or blockchain networks, both scheduled and unscheduled. 

We cannot ensure that assets or transactions facilitated through distributed ledger technology will survive in perpetuity or operate consistently, and you understand that we serve only as a social media and marketplace platform to locate, search, and access content facilitated by third-parties, and to initiate Sales and User Payments using third-parties not associated with CumRocket.


The Support We Provide:

CumRocket is dedicated to providing prompt communication to our Users.

You can reach us for general inquiries, questions, concerns, criticism, and support, whether relating to these Terms and Privacy Policy, or to CumRocket and the Service generally, at [email protected]

If you wish to report a violation of our Terms of Service, including any relevant regulatory or legal limitations or exceptions as applicable to a particular jurisdiction, please contact us at [email protected]

For other inquiries, social media networking, or support you can see our available, official social media channels and accounts listed on our website header and/or footer at www.cumrocket.io

These support channels are offered as a service, at our sole discretion, in addition to our direct contact information listed at the top of these Terms in the Introduction. For legal or business inquiries, please see our direct contact information.


Suspension of Services and Accounts:

We may, at our sole discretion, suspend service to an individual User and or account, or any collection or list of accounts. 

We may do so in the course of and as necessary legal, regulatory, or business practice dictates, at our sole discretion. We may suspend, deactivate, or terminate a User’s Account temporarily or permanently for any confirmed, or on suspicions of, violations of our Terms of Service, where we deem appropriate and at our sole discretion.

You agree that a suspension or termination of your account will prevent your access to our website and Services, and that it will prohibit you permanently from using our Services on any other account, from registering a new account with our services, or from accessing the website or Services in any other way.You may not resume using our Services at any point without our written authorization to do so. 

You agree that it is your responsibility to ensure your account remains used responsibly, is inaccessible to minors, and is not being abused for any illegal or unethical conduct, or for any other reason that we may deem inappropriate, at our sole discretion, including for no stated reason whatsoever, for the suspension or termination of services to your account. 

Following the suspension or termination of an account we may unlink, deactivate or otherwise delist, or handle a former Users Content in whatever way we see most appropriate, or as deemed appropriate by authorized law enforcement agencies. We will make commercially reasonable efforts, in our estimation, to contact you before any potential suspension or termination should be warranted and as any suspension or termination occurs.

It is your responsibility to ensure accurate and up-to-date contact information is associated with your User Account, and to promptly action any necessary directives to prevent suspension or termination beforehand, such as requests to update or provide verifying identity information as permitted by our Privacy Policy, as well as to ensure the safeguarding against improper, unethical, or illegitimate use of your account.

We are entitled to handle any User Media as we see fit following a suspension or termination, within the bounds permitted by our Privacy Policy, including archival, deletion, and submission to authorized law enforcement agencies as necessary. The company will only be responsible for the data protection required by current legislation.


Our Ownership Rights:

Unless otherwise provided for by us in writing, the Service and all content and material found on our website, including, without limitation, the CumRocket branding and logo and all designs, text graphics, pictures, data, code, audio, or other media, and any other files and designs and the interface, arrangement and style of them, otherwise referred to as “media”, on our websites are the proprietary property of us or our affiliated partners, licensors or Users, as applicable. We will retain all rights not expressly granted to you or implied by the agreement of these Terms, or as required and granted by applicable law. 

Our Service includes or is facilitated partly or wholly by third-party applications, and technology, including distributed ledger technology such as Binance Smart Chain or Ethereum, and extensions such as for example MetaMask or similar, which are governed by their own licensing terms and usage terms relating to their software, and we retain the right to limit, prevent, encourage the usage of third-party applications and technology that is not directly governed by our terms or owned by ourselves, and we retain the right to directly integrate, package, partner with, or require the usage of third-party applications or technology with separate terms of usage as we see fit, at our sole discretion, in the course of conducting business. 

We retain any and all relevant rights over our trademark and branding, and they may be used by third-parties only with prior written authorization by us. It is your responsibility to understand and respect both our trademarks and copyright, as well as that of our partners and affiliates whose Media, Content, intellectual property, or other trademarked material may be visible or accessible through our site.


Intellectual Property Rights:

You affirm that you own the intellectual property, and rights, to any Media or Content you submit, you consent to all Media or Content, and you understand and consent to the submission of that Media or Content to us.

You allow, and understand that we are allowed, to use and distribute any submitted Media or Content as permitted by these Terms and applicable law, and you authorize us to act on your behalf to moderate Media or Content in accordance with copyright. 

We may ask for your permission to use and reuse your Media or Content, as permitted by applicable law, for advertising and promotional purposes. The conditions governing this usage can be found in our Creator Policy where they are not otherwise covered by these Terms. We will only make use of your Media or Content for advertising or promotional purposes if you elect and opt-in to allowing us to do so

It is understood that, regardless of your revocable preference for opting-in for promotional purposes, we reserve the right to use and distribute your Media or Content in accordance with the normal operating procedures of our business, including but not limited to enabling access to legitimate Media and Content through our Platform as facilitated by ourselves, third parties, or distributed ledger technology, providing information, statistics, or reference to Media and Content, and as otherwise determined by us in the course of normal business and as allowed by these Terms.


License to Use:

Subject to the terms and conditions of this agreement, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, personal license to access and use our Services.

  1. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by CumRocket, in the manner permitted by these Terms.
  2. Licensees are expressly prohibited from: making any derivatives of our Service, or; to data mine, extract or gather, information, data, or code, or; to download any portion of our own Service or other proprietary material or Content, except where we permit as much in writing.
  3. You agree that we may revoke this license, at any time, in our sole discretion, for any cause we deem sufficient, without compensation or recourse to you. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated.

License to Hyperlink:

We hereby grant you a limited, nonexclusive, and non-transferable right to use our website address for the creation of hyperlinks, posting hyperlinks to or from our websites or Service, and provided that any such references and linking does not portray us, CumRocket, our branding, Creators, Users, or our affiliates or any related third-parties in a derogatory, defamatory, or otherwise misleading or inappropriate manner, including but not limited to illegal, offensive, harassing or otherwise harmful depictions or statements. 

You require our express written authorization before you may link to our website, or any other website, using our proprietary logo(s), branding, or other protected graphics as detailed in these Terms. 

Furthermore, you may not post or create a link that suggests a formal association or partnership with us, without our written authorization. We may revoke these limited rights to hyperlinking at any time, at our sole discretion.

Notwithstanding the above, any individual with a registered, verified and compliant Creator account is hereby granted permission to hyperlink to our Services, and to use our branding or logos while hyperlinking or otherwise directing traffic to the Services, including for the commercial purposes of marketing and monetizing their Media or Content through our Services. 


Regarding our Referral Program:

CumRocket helps our Creators earn more through referring new creators to the platform through our Referral Program. After the Referred Creator’s account is approved, the Referring Creator earns 5% of the initial purchase price of Content minted by the Referred Creator. Terms and Conditions apply.   

Click here for details on our Referral Program.


Sales Process:

Creators - The Platform acts as a service provider for Creators to distribute Media and mint Content, and to market and monetize that Media and Content to Users.

Creators may provide to Users chat or messaging services, or other goods or services, not facilitated by distributed ledger technology directly, otherwise known as “Media”. Additionally, Creators may provide cryptographically secured, enabled, or distributed Content, which takes the form of a resellable digital asset, such as non-fungible tokens, otherwise known as “Content”. “Media” and “Content” are sold by the Creator and available for purchase by Users. The Platform is not a party to the sale, but merely acts to facilitate the transaction by bringing together Creators and Users. Sales are subject to the “Standard Contract between Creator and User”, unless otherwise agreed, by the parties to the sale.

Users - We act as a service provider for users to browse, locate, view, and bid on, or purchase, Media and Content. We act as a marketplace and platform service provider for the marketing and monetization of these third-party or direct-to-consumer services, including the resale, trading, collecting, listing, enjoyment and use of Crypto Content between all users.

Click here for our Standard Contract between Creator and User.


Fee Structure - Content and Auctions:

Sellers of Content- Sellers receive 85% of the purchase price in direct and auction sales of Content, whether the purchase is consummated using BUSD or CUMMIES. “Sellers” includes Creators selling newly minted Content, and the resale of Content by a User. The remaining 15% of the proceeds are distributed as described below.

  1. Royalties - Creators receive a royalty fee of 5% on all resales of Crypto Content.
  2. Liquidity Pool - The $CUMMIES/$BNB Liquidity Pool on Binance Smart Chain, or a comparable recipient, will receive 5% of the Purchase Price of all newly minted Crypto Content to facilitate the conversion of BNB to Cummies, and vice versa.
  3. Tokenomics - If the sale is consummated using CUMMIES, 5% of the purchase price will be lost to the tokenomic fee. Half of the tokenomic fee is burned, the other half is reflected. “Burned” means that the tokens will be sent to an irretrievable address, forever removing those coins from circulation. “Reflected” means that the tokens will be redistributed proportional to the holdings of all CUMMIES holders who have not been excluded from the reflection at CumRocket’s discretion.
  4. Referral Program - If the Creator joined the platform under our referral program, 5% of the purchase price of newly minted Crypto Content will be paid to the referring Creator.
  5. Platform - CumRocket receives all remaining fees after accounting for the above considerations.

Fee Structure - All other Media:

Users of the Platform have the opportunity to purchase Media from Creators in the form ofphoto and video in 2D or 3D, VR media, audio, chat, super chat, livestream material, data, metadata, text, messages, comments, reactions, and any other media that the parties agree upon. In all sales, other than those described in Section 20 of these Terms, the creator will receive 85% of the purchase price paid, and the remaining 15% will be paid to the Platform for facilitating the transaction.

  1. No Representations Made:

We have made no representations or warranties beyond these Terms and those required by governing law, and have entered into this agreement with you in good faith. 

We have made no representations of liability for, and we are not liable for, any loss or gain in the purchasing power or analogous metrics of any asset facilitated by distributed ledger technology, which may otherwise be known as a cryptocurrency, digital asset, fungible or non-fungible token, or utility token, which may be useable with third party utilities and extensions such as MetaMask, or similar, to facilitate payments, barter, tipping, or other blockchain-enabled transaction methods, that our Platform may provide access to.


Disclaimers:

YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, THE CUMROCKET WEBSITES DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: 

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICES,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR,
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES.

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 GROSS NEGLIGENCE. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limit of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUMROCKET ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM 

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
  3. ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CUMROCKET ENTITIES EXCEED THE GREATER OF ONE HUNDRED GREAT BRITISH POUNDS (GBP £100.00) OR THE AMOUNT OF FEES PAID TO CUMROCKET ON THE TRANSACTION IN DISPUTE. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CUMROCKET ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


Indemnification:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE WEBSITE, ITS SITE OPERATOR, ITS PARENT CORPORATION, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, JUDGMENTS, AWARDS, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM:

  1. YOUR USE OF AND ACCESS TO THE WEBSITE;
  2. YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE;
  3. YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR
  4. ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. 

THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE. YOU AGREE THAT WE SHALL HAVE THE SOLE RIGHT AND OBLIGATION TO CONTROL THE LEGAL DEFENSE AGAINST ANY SUCH CLAIMS, DEMANDS, OR LITIGATION, INCLUDING THE RIGHT TO SELECT COUNSEL OF OUR CHOICE AND TO COMPROMISE OR SETTLE ANY SUCH CLAIMS, DEMANDS, OR LITIGATION.


Assumption of Risk:
  1. Value and Volatility. The prices of NFT’s (“Crypto Content”) 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 NFT’s, which may also be subject to significant price volatility. We cannot guarantee that any Content purchased will retain its original value, as the value of collectibles is inherently subjective and factors occurring outside of the ecosystem may materially impact the value and desirability of any particular NFT.
  2. Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your platform related transactions. We are not responsible for determining the taxes that apply to your transactions on the Platform.
  3. Inherent Risks with Internet Currency. There are risks associated with using an Internet-based 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 platform, however caused.
  4. 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 CumRocket ecosystem, and therefore the potential utility or value of the Platform.
  5. Software Risks. Upgrades to the Binance Smart Chain, a hard fork in the Binance Smart Chain, or a change in how transactions are confirmed on the Binance Smart Chain may have unintended, adverse effects on entities using the Binance Smart Chain’s NFT standard, including CumRocket.
  1. General:
  1. Waiver. You agree that failure to enforce any provision of these Terms shall not constitute a waiver of rights or responsibilities, on the part of either party, and we shall have no obligation to promptly enforce any provision of this agreement not otherwise mandated by law, and we shall retain in perpetuity all of our rights and remedies laid out by these Terms to the fullest extent permitted by applicable law and the conditions of these Terms themselves.
  1. Severability. You accept the severability of these Terms of Service. If any or part of these Terms are found to be unenforceable or inadmissible by a relevant jurisdiction, that that clause shall be severed from the Terms insofar as it’s unenforceable, without affecting the remainder or spirit of these Terms, and that the agreement will continue with respect to all remaining Terms unaffected by the severance.
  1. Survival of Terms. You agree these Terms shall survive the termination of this agreement to the extent that clauses of these terms and conditions are permissible to survive the termination, as determined by applicable law. This means that if we suspend or terminate your account, you are still obligated to respect certain terms and conditions, including but not limited to those Terms of indemnification and limitation of liability, the jurisdiction of governing law applied to this agreement, any confidentiality obligations arising from your use of the Service and related Terms, and other survivable Terms, insofar as they may be permitted by law to survive the suspension or termination.
  1. Reliance on Third Parties. You understand transactions utilizing distributed ledger technology are contingent upon third-party extensions and applications, such as MetaMask, and through distributed ledgers (a blockchain) such as the Binance Smart Chain, or Ethereum, networks. CumRocket does not warrant any third party applications.
  1. Throttling. In the course of protecting against malicious third-parties we may limit or throttle access to the website by regions or other profiling methods as necessary. 

Notwithstanding the above, we may provide additional guidance on our understanding, definition, and interpretation of these Terms of Service through other means and channels as we see fit, including in particular through official technical and customer support channels and published memoranda, in addition to modifications to these Terms. 

We will endeavour to provide forthright and clear guidance on how best to use, and avoid the misuse of, our Service. If you have any questions or concerns about these Terms of Service, please reach out to us at [email protected] or through other official support channels.


Last Updated: September 30, 2021
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