Standard Contract between Buyer and Seller:
This is the Standard Contract between Buyer and Seller who transact on the CumRocket Platform. This contract outlines the terms which govern every transaction on the Platform between Users, including between Creator and User. You should read this section carefully and be sure you understand and regularly review or re-read it to remain fully informed of any changes governing the agreement between Buyers and Sellers on the Platform. This Policy is a constituent of our Terms, and incorporates its terminology.
- Introduction: This contract governs all transactions between Users, including between Users and Creators, concerning Media, Content, or any dispute that arises from the use of the platform, between Users. These terms and conditions constitute a legally binding agreement between Users who transact on the platform.
- Application: When the platform facilitates a transaction between Buyer and Seller, this contract will control, unless otherwise agreed to in writing by the parties.
- Parties: The only parties to this contract are the Buyer and Seller. Although this contract is part of CumRocket’s Terms of Service, CumRocket merely facilitates transactions between Users, and is therefore not a party to this contract.
- Agreement: It is agreed that the Seller desires to sell Content, owned by the Seller, for purchase by other users of the Platform, and that the Buyer desires to purchase Content for their personal, non-commercial use and display.
- Acceptance: By using the platform, Creators and Users agree that they have read the Standard Contract between Creator and User, understand all of its conditions, and agree to its terms.
- “Buyer” refers to any User of the Platform acting as a purchaser of Content or Media.
- “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.
- “Creator” refers to any User who has requested and been approved for the uploading, posting, participation, sale, or benefacting in Media and Content accessible on the Platform, and may also be referred to as “you” or “your” in the context of these Terms.
- “CumRocket” refers to the website and related services at www.cumrocket.io, services offered at subdomains of this website, and other services added in the future, and may also be referred to as the “Service,” or “Platform.”
- “Media” refers to media uploaded to the Service, including photo and video in 2D or 3D, VR Media, audio, livestream material, data, metadata, text, messages, comments, reactions, and any other relevant Media that does not take the form of a non-fungible token.
- “User” refers to any and all users of our Service, including Creators.
- “Seller” refers to the selling party in a transaction for Media or Content. Includes Creators selling media, or newly minted content, and Users that are reselling content purchased on the Platform.
- License of Content: Once the payment for a transaction is confirmed, a limited license to access the purchased Content will be granted or transferred, depending on the Status of the Seller. If the Seller is the Original Creator the license will be granted to the buyer. If the seller is not the Original Creator the license will be transferred to the buyer.
The license granted is a worldwide, non-sublicensable, non-exclusive, non-transferable, royalty-free, limited use license and permits the User to access, view, and resell, Content on the User’s CumRocket Account, in accordance with the Acceptable Use Policy.
- Application of License: The license granted applies only to the extent that the User continues to own the applicable Content. If at any time the User sells, transfers, or otherwise disposes of Content, including Media, for any reason, the license granted will immediately expire without the requirement of notice, and you will have no further rights in, or to, the Content or Media.
- Expiration of License: The license granted by a Creator to a User is for the non-commercial personal use of the Content, and will, without notice, expire automatically in the following circumstances:
- if the User transaction failed.
- for pay-per-view Content, once the User has completed viewing the Content.
- at the end of a subscription period, unless automatically renewed.
- if the User account is terminated for any reason.
- Or, if the Content is removed under the “right to moderate” reserved by the platform, under Section 7 of the Creator Policy.
- Transfers of License: Sellers have the limited right to transfer the licensed content provided that the transferee accepts all of the terms of this agreement, CumRocket’s Terms of Service, and all policies incorporated by reference. Under no circumstance will the Seller be allowed to transfer a License that is greater, or less restricted, than the one granted by the Creator.
- Ownership of Content: The Seller acknowledges and agrees that the Creator owns all legal rights, title, and interest in the Media or Content published by the Creator. The Buyer agrees that the license of the Media or Content purchased does not Grant the Buyer any rights in the Media or Content, beyond that of personal, non-commercial use and enjoyment.
- Pricing: When a Buyer enters into a transaction for Media or Content, the Buyer agrees to pay the Seller, in accordance with the prices published by the Seller.
- Payments: Transactions Buyers conduct with Sellers, including and principally Creators, typically for the provision or resale of Content, including Media, accessible on or viewable through our platform, may be conducted through the Platform or through third party extensions, providers, or protocols. Payments include purchases, subscriptions, tips, auctions, and other methods of transaction initiated on, through, or with use of, the platform.
- No Refunds: Unless prohibited by law, the User acknowledges that all transactions are final and no refunds shall be given. This does not prohibit the voluntary giving of a refund in instances of overpayment or error, but the Seller is under no affirmative duty to do so. Buyers purchase content at their own risk. Neither party to this contract warrants any third party applications.
- Arbitration policy: the Buyer and Seller hereby agree to the arbitration policy contained in Paragraph 8 of the Terms of Service, and agree to submit all claims arising under this contract, or use of the platform, to final and binding arbitration in compliance with the same.
- Value and Volatility: The prices of “Crypto Content” (“NFT’s”) 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. The Creator 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.
- Tax Calculations: The Parties are solely responsible for determining what, if any, taxes apply to platform related transactions. The platform is not responsible for determining the taxes that apply to transactions.
- 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.
- 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 Creators.
- Waiver. The Parties 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 they shall have no obligation to promptly enforce any provision of this agreement not otherwise mandated by law, and they shall retain in perpetuity all of the rights and remedies laid out by these Terms to the fullest extent permitted by applicable law and the conditions of these Terms themselves.
- Severability. The Parties accept the severability of these Terms. If any or part of this Standard Contract Between Creator and User 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.
- Survival of Terms. The Parties 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.
- Reliance on Third Parties. The Parties 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. Neither party to this contract warrants any third party applications.
Notwithstanding the above, we may provide additional guidance on our understanding, definition, and interpretation of this contract 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 this contract.
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 this contract, please reach out to us at [email protected] or through other official support channels.
Last Updated: September 30, 2021