TENTH LIFE LLC CELEBRATES REPRESENTATION, INCLUSIVITY AND EQUAL OPPORTUNITIES FOR ALL, THROUGH ITS COMMUNITY, WEB3 INITIATIVES AND COLLECTIONS OF NON-FUNGIBLE TOKENS (“NFT”) BASED ON THE ETHEREUM BLOCKCHAIN TO WHICH ARE ATTACHED VISUAL ASSETS REPRESENTING UNIQUE, DIVERSE SKELETON CATS (“SKELECATS NFT”).
THESE TERMS AND CONDITIONS (“TERMS”) RULE THE RELATIONSHIP BETWEEN TENTH LIFE LLC AND ANY PERSON (“USER”, “YOU”) ACCESSING AND/OR USING SKELECATS WEBSITE (WWW.SKELECATS.XYZ, ALSO REFERRED TO HEREIN AS “SKELECATS WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SKELECATS WEBSITE.
THE SKELECATS WEBSITE IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY USING THE SKELECATS WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND YOU ARE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS EXHAUSTIVELY AND UNCONDITIONALLY.
IF THE USER IS UNDER EIGHTEEN (18) YEARS OLD, THE USER UNDERTAKES TO OBTAIN THE PRIOR AND EXPRESS CONSENT OF HIS/HER PARENT OR LEGAL GUARDIAN TO USE THE SKELECATS WEBSITE AND TO REVIEW THE TERMS WITH THEM. THE PARENT OR LEGAL GUARDIAN OF A USER UNDER EIGHTEEN (18) YEARS OLD UNDERTAKES TO ABIDE BY THESE TERMS AND ACKNOWLEDGES TO BE RESPONSIBLE FOR THE ACTIVITIES OF THE USER ON THE SKELECATS WEBSITE.
IN CASE OF YOUR DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL USE OF THE SKELECATS WEBSITE.
THE TERMS MAY BE UPDATED FROM TIME TO TIME AS TENTH LIFE LLC MAY DEEM NECESSARY OR USEFUL.
IN THE EVENT YOU DO NOT AGREE TO THE TERMS, INCLUDING AS MAY BE AMENDED, YOU SHALL CEASE ANY AND ALL UTILIZATION OF THE SKELECATS WEBSITE AND RELATED SERVICES.
YOU ARE PERSONALLY RESPONSIBLE FOR SETTING UP THE IT AND TELECOMMUNICATIONS RESOURCES REQUIRED TO ACCESS THE SKELECATS WEBSITE AND USE THE SERVICES. YOU SHALL BEAR THE COST OF TELECOMMUNICATIONS WHEN ACCESSING THE INTERNET TO USE THE SKELECATS WEBSITE.
TENTH LIFE LLC RESERVES THE RIGHT TO, WITHOUT NOTICE NOR COMPENSATION, TEMPORARILY OR PERMANENTLY, CLOSE THE SKELECATS WEBSITE OR ACCESS TO ONE OR MORE SERVICES IN ORDER TO PERFORM MAINTENANCE OPERATIONS. TENTH LIFE LLC MAY CARRY OUT ANY CHANGES AND IMPROVEMENTS TO THE SKELECAT NFTS, SKELECATS WEBSITE AND SERVICES THAT IT DEEMS NECESSARY.
4.1 GENERAL SERVICES
THE SKELECATS WEBSITE GIVES YOU ACCESS TO FUNCTIONALITIES, FEATURES AND SERVICES RELATED TO SKELECAT NFT COLLECTIONS AND COMMUNITY (THE “SERVICES”).
ACCESS TO SOME SERVICES MAY ONLY BE AVAILABLE TO THE HOLDER OF A SKELECAT NFT AND REQUIRE PROOF OF OWNERSHIP BY CONNECTING A SUPPORTED BLOCKCHAIN-BASED DIGITAL WALLET TO THE SKELECATS WEBSITE (“DIGITAL WALLET”).
DIGITAL WALLETS ARE THIRD-PARTY PRODUCTS AND SERVICES THAT ARE NOT AFFILIATED, IN ANY WAY WHATSOEVER, WITH TENTH LIFE LLC NOR IN ITS CUSTODY OR CONTROL. ACCESS AND USE OF DIGITAL WALLETS ARE AT THE USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DIGITAL WALLET SECURITY, INCLUDING ASSOCIATED PASSWORDS, SEED WORDS, AND KEYS. TENTH LIFE LLC SHALL NOT, IN ANY EVENT WHATSOEVER, BE HELD RESPONSIBLE FOR ANY RISK ASSOCIATED WITH YOUR ACCESS AND/OR USE OF A DIGITAL WALLET. IN THE EVENT YOU LOSE OR CAN NO LONGER ACCESS YOUR DIGITAL WALLET, TENTH LIFE LLC CANNOT RETRIEVE YOUR SKELECAT NFT FROM YOUR DIGITAL WALLET.
4.2 NFT PRIMARY SALE SERVICES ON THE SKELECATS WEBSITE
THE SKELECATS WEBSITE MAY, IN ITS SOLE DISCRETION, GIVE YOU ACCESS TO PRIMARY SALES OF SKELECAT NFTS THROUGH ONE OR SEVERAL OF THE FOLLOWING ACCESS RIGHTS: FREE MINT FOR HOLDERS OF A SKELECAT NFT, ALLOW LIST AND/OR PUBLIC SALE.
YOU WILL BE REQUIRED TO CONNECT YOUR DIGITAL WALLET TO THE SKELECATS WEBSITE IN ORDER TO, DEPENDING ON THE RIGHTS YOU HAVE BEEN GRANTED ON THE PRIMARY SALE, (I) WHERE APPLICABLE, CONFIRM YOUR CURRENT OWNERSHIP OF A SKELECAT NFT, AND/OR (II) WHERE APPLICABLE, TRANSFER TO TENTH LIFE LLC THE APPLICABLE PURCHASE PRICE, AND (III) RECEIVE AN NFT.
APPLICABLE PURCHASE PRICE OF A SKELECAT NFT ARE SET FORTH ON THE SKELECATS WEBSITE AND ARE BINDING AT THE TIME OF PURCHASE. ADDITIONAL FEES (INCLUDING GAS FEES) MAY BE REQUIRED AT THE TIME OF PURCHASE TO COMPLETE THE SALE. TENTH LIFE LLC DOES NOT MONITOR NOR BENEFIT FROM THESE FEES.
TENTH LIFE LLC WILL DIRECTLY TRANSFER THE SKELECAT NFT YOU ACQUIRED TO THE SUPPORTED DIGITAL WALLET YOU CONNECTED TO THE SKELECATS WEBSITE, DEPENDING THE CASE AND WHERE APPLICABLE, UPON CONFIRMATION OF OWNERSHIP OF A SKELECAT NFT OR UPON RECEIPT OF THE CORRESPONDING PURCHASE PRICE.
ALL SALES COMPLETED ON THE SKELECATS WEBSITE ARE FINAL. PURSUANT TO APPLICABLE LAW, YOU ACKNOWLEDGE THAT NO WITHDRAWAL, RETURN AND/OR REFUND RIGHTS APPLY.
4.3 NFT SECONDARY SALE ON THIRD-PARTY PLATFORM
USER MAY RESELL AND/OR PURCHASE SKELECAT NFT ON THIRD-PARTY PLATFORMS AS PART OF SECONDARY SALES.
PLATFORMS DEDICATED TO SECONDARY SALES ARE THIRD-PARTY SERVICES THAT ARE NOT AFFILIATED WITH TENTH LIFE LLC AND WHICH ACCESS AND USE ARE AT USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
TENTH LIFE LLC MAY BENEFIT FROM A PERCENTAGE OF THE RESALE PRICE OF YOUR SKELECAT NFT, AS SET FORTH ON THE SKELECATS WEBSITE AND SUBJECT TO THE THIRD-PARTY PLATFORM’S POLICY ON WHICH THE RESALE IS COMPLETED.
YOU UNDERTAKE TO ONLY RESELL AND/OR PURCHASE SKELECAT NFT ON THIRD-PARTY PLATFORMS THAT (I) CRYPTOGRAPHICALLY VERIFY EACH NFT OWNER’S RIGHTS TO DISPLAY AND LIST A SKELECAT NFT FOR SALE, TO ENSURE THAT ONLY THE ACTUAL OWNER OF THIS NFT CAN PROCEED WITH ITS RESALE, AND (II) PROVIDE FOR A PERCENTAGE OF THE RESALE PRICE TO BE AUTOMATICALLY GRANTED TO TENTH LIFE LLC UPON RESALE.
BY RESELLING AND/OR PURCHASING A SKELECAT NFT ON AN AUTHORIZED THIRD-PARTY PLATFORM, YOU AGREE TO ABIDE BY THESE TERMS.
5.1 USERS UNDERTAKINGS
USERS SHALL NOT, DIRECTLY OR INDIRECTLY, WITHOUT BEING EXPRESSLY AUTHORIZED BY THESE TERMS AND/OR THE DIGITAL OWNERSHIP ASSIGNMENT, OR BY PRIOR WRITTEN CONSENT OF TENTH LIFE LLC, IN ANY WAY WHATSOEVER:
AND, IN GENERAL, VIOLATE ANY LAW OR REGULATION, OR MAKE ANY USE OF THE SKELECATS WEBSITE, SERVICES OR TENTH LIFE LLC PROPERTY THAT MAY BE DEEMED CONTRARY TO PUBLIC ORDER OR UNFAIR.
5.2 UNDERTAKINGS OF TENTH LIFE LLC
TENTH LIFE LLC ENDEAVORS USE REASONABLE EFFORTS TO (I) ACT HONESTLY, FAIRLY AND PROFESSIONALLY, (II) COMMUNICATE WITH THE HOLDERS OF SKELECAT NFT IN A FAIR AND CLEAR MANNER, (III) PREVENT, IDENTIFY, MANAGE AND DISCLOSE ANY CONFLICTS OF INTEREST THAT MAY ARISE, (IV) MAINTAIN ALL OF ITS SYSTEMS AND SECURITY ACCESS PROTOCOLS TO APPROPRIATE STANDARDS OF APPLICABLE LAWS AND REGULATIONS, AND, IN GENERAL (V) ACT IN THE BEST INTERESTS OF THE HOLDERS OF SKELECAT NFT AND TREAT THEM EQUALLY, UNLESS PROVIDED OTHERWISE ON THE SKELECATS WEBSITE OR ANY OTHER NOTICE BY TENTH LIFE LLC.
6.1 SKELECATS WEBSITE SECURITY
TENTH LIFE LLC SHALL MAKE ITS BEST EFFORTS TO DEPLOY THE NECESSARY RESOURCES TO ENSURE USERS’ ACCESS TO AND EFFECTIVE OPERATION OF THE SKELECATS WEBSITE TWENTY-FOUR HOURS A DAY AND SEVEN DAYS A WEEK. HOWEVER, GIVEN THE LIMITATIONS RELATED TO THE INTERNET, TENTH LIFE LLC CANNOT GUARANTEE THAT ACCESS AND OPERATION OF THE SKELECATS WEBSITE WILL NOT BE INTERRUPTED, SUCH AS IN EVENT OF FORCE MAJEURE, MALFUNCTION OF THE USERS’ EQUIPMENT, MALFUNCTIONS OF THE USERS’ INTERNET NETWORKS AND/OR MAINTENANCE OPERATIONS DESIGNED TO IMPROVE THE SKELECATS WEBSITE.
THE USER HEREBY REPRESENTS, WARRANTS, AND AGREES THAT, WHEN ACCESSING AND/OR USING THE SKELECATS WEBSITE AND SERVICES, THE USER SHALL REFRAIN FROM ANY ACT AND/OR OMISSION WHICH COULD, IN ANY WAY WHATSOEVER (I) JEOPARDIZE THE SECURITY OF THE SKELECATS WEBSITE; (II) ATTEMPT, IN ANY MANNER, TO OBTAIN PASSWORDS OR OTHER SECURITY INFORMATION FROM ANY OTHER USER; (III) VIOLATE THE SECURITY OF ANY COMPUTER NETWORK, OR CRACKS ANY PASSWORDS OR SECURITY ENCRYPTION CODES; (IV) RUN ANY PROCESSES THAT INTERFERE WITH THE PROPER WORKING OF THE SKELECATS WEBSITE AND SERVICES; (V) DISTURB, HINDER AND/OR PREVENT THE PROPER FUNCTIONING OF THE SKELECATS WEBSITE AND SERVICES (SUCH AS, BUT NOT LIMITED TO, DOWNLOADING VIRUSES OR MALICIOUS CODE WHATSOEVER OR BY PERFORMING HACKING ACTIVITIES OF ANY NATURE OR THAT OTHERWISE INTERFERE WITH THE PROPER FUNCTIONING OF THE SKELECATS WEBSITE AND SERVICES).
6.2 MALICIOUS THIRD PARTIES
PLEASE BE AWARE THAT MALICIOUS THIRD PARTIES MAY OFFER FOR SALE NFT COUNTERFEITED TENTH LIFE PROPERTY AND/OR FALSELY ACT AS AFFILIATED TO OR ENDORSED BY TENTH LIFE LLC. IN CASE OF DOUBT, PLEASE CONTACT TENTH LIFE LLC IN ACCORDANCE WITH ARTICLE 12 BELOW.
YOUR INTERACTIONS WITH THESE THIRD PARTIES ARE AT YOUR OWN RISKS AND DISCRETION. TENTH LIFE LLC IS NOT RESPONSIBLE, IN ANY WAY WHATSOEVER, FOR ANY ACT OR OMISSION OF SAID MALICIOUS THIRD PARTIES, NOR ANY ADVERSE CONSEQUENCE RESULTING FROM YOUR INTERACTIONS WITH THEM.
TENTH LIFE LLC OFFERS SERVICES RELATED TO CRYPTO-ASSETS (NFT) THAT ARE UNIQUE AND NOT FUNGIBLE WITH OTHER CRYPTO-ASSETS. EACH SKELECAT NFT IS UNIQUE AND EXCLUSIVE TO ITS OWNER.
TENTH LIFE LLC IS NOT A PROVIDER OF DIGITAL ASSET SERVICES INCLUDING, BUT NOT LIMITED TO, SERVICES REGARDING INITIAL COIN OFFERING; CUSTODY OF DIGITAL ASSETS ON BEHALF OF THIRD PARTIES OR ACCESS TO DIGITAL ASSETS FOR THE PURPOSE OF HOLDING, STORING AND TRANSFERRING DIGITAL ASSETS; THE PURCHASE AND SALE OF DIGITAL ASSETS IN LEGAL TENDER; THE EXCHANGE OF DIGITAL ASSETS FOR OTHER DIGITAL ASSETS; THE OPERATION OF A DIGITAL ASSET TRADING PLATFORM; OR ANY SERVICES RELATED TO THIRD PARTY ORDER RECEPTION AND TRANSMISSION, THIRD PARTY PORTFOLIO MANAGEMENT, ADVICE, UNDERWRITING, GUARANTEED PLACEMENT AND UNGUARANTEED PLACEMENT.
TENTH LIFE LLC DOES NOT PROVIDE ASSET INTERMEDIATION SERVICES INCLUDING, BUT NOT LIMITED TO, SERVICES RELATED TO THE OFFER, TO CLIENTS OR POTENTIAL CLIENTS, TO ACQUIRE RIGHTS ON ONE OR MORE ASSETS ON THE BASIS OF THE POSSIBILITY OF A DIRECT OR INDIRECT FINANCIAL RETURN OR SIMILAR ECONOMIC EFFECT.
IN THIS REGARD, THE USER HEREBY REPRESENTS, WARRANTS, AND AGREES THAT ANY USE OF THE SKELECATS WEBSITE AND SERVICES, INCLUDING ANY PURCHASE OF A SKELECAT NFT, IS MADE FOR ITS SOLE PERSONAL COLLECTION, USE AND ENJOYMENT. USER SHALL REFRAIN FROM ANY ACT AND/OR OMISSION WHICH COULD, IN ANY WAY WHATSOEVER, BE INTERPRETED AS OR SUGGEST THAT (I) THE USER IS ACCESSING OR USING THE SKELECATS WEBSITE AND/OR SERVICES, INCLUDING PURCHASING A SKELECAT NFT, FOR SPECULATIVE OR INVESTMENT PURPOSES, FOR USE AS A SUBSTITUTE FOR CURRENCY OR OTHER MEDIUM OF EXCHANGE, OR FOR RESALE OR REDISTRIBUTION, OR THAT (II) ACCESSING OR USING THE SKELECATS WEBSITE AND/OR SERVICES, INCLUDING PURCHASING A SKELECAT NFT, MAY CONSTITUTE AN OPPORTUNITY TO GAIN ECONOMIC BENEFIT OR PROFIT, OR AN INVESTMENT, EQUITY, OR OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN TENTH LIFE LLC OR ITS AFFILIATES OR BUSINESS PARTNERS OF ANY KIND. IN THIS REGARD, TENTH LIFE LLC MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO ANY FUTURE VALUE OR RESALE PRICE OF A SKELECAT NFT.
YOU ARE THE SOLE RESPONSIBLE FOR YOUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING TAX OBLIGATIONS IN RELATION WITH NFT AND CRYPTOCURRENCIES. PLEASE BE AWARE THAT CHANGES IN APPLICABLE LAWS AND REGULATIONS MAY IMPACT THE SERVICES AND YOUR RIGHTS AND OBLIGATIONS REGARDING YOUR SKELECAT NFT.
8.1 WARRANTIES
IT IS EXPRESSLY AGREED THAT TENTH LIFE LLC OBLIGATIONS UNDER THESE TERMS ARE OBLIGATIONS OF MEANS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY ACKNOWLEDGES THAT THE SKELECATS WEBSITE, SERVICES, INCLUDING SKELECAT NFT, ARE PROVIDED BY TENTH LIFE LLC “AS IS”. OTHER THAN AS PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TENTH LIFE LLC MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES.
TENTH LIFE LLC MAKES NO WARRANTIES WHATSOEVER, REGARDING THE SKELECATS WEBSITE, THE SERVICES, AND ANY TRANSACTION INVOLVING, IN WHOLE OR IN PART, SKELECAT NFT AND/OR CRYPTOCURRENCIES, INCLUDING, BUT NOT LIMITED TO, WITH REGARD TO ANY RISK ASSOCIATED WITH SKELECAT NFT, SUCH AS, RISK OF FAILURE TO TRANSFER THE NFT TO THE USER DUE TO AN ERROR, SUCH AS FORGOTTEN PASSWORDS, MISTYPED ADDRESSES OR INCORRECTLY CONSTRUCTED TRANSACTIONS, MINING ATTACKS, CYBERSECURITY ATTACKS, BLOCKCHAIN MALFUNCTIONS OR OTHER TECHNICAL ERRORS, TELECOMMUNICATIONS FAILURE, UNFAVORABLE REGULATORY DETERMINATIONS OR ACTIONS IN ONE OR MORE JURISDICTIONS (INCLUDING WITH RESPECT TO NFTS AND/OR CRYPTOCURRENCIES), TAXATION OF NFTS OR CRYPTOCURRENCIES, PERSONAL INFORMATION DISCLOSURE, UNINSURED LOSSES, UNANTICIPATED RISKS, VOLATILITY RISKS, SERVER FAILURE OR DATA LOSS, CORRUPTED OR OTHERWISE INACCESSIBLE DIGITAL WALLETS, UNAUTHORIZED ACCESS, INABILITY TO ACCESS, TRANSFER OR DISPLAY THE NFT, RISKS ARISING FROM THIRD-PARTY PROVIDERS, INCLUDING THIRD-PARTY PROVIDERS THAT MAY MINT AND/OR STORE THE NFT, AND ANY DAMAGES ARISING FROM ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE INTRODUCTION OF VIRUSES OR OTHER MALICIOUS CODE, PHISHING ATTACKS, SYBIL ATTACKS, FIFTY-ONE PERCENT (51%) ATTACKS, BRUTE FORCING CHANGES TO THE PROTOCOL RULES OF THE BLOCKCHAIN (I.E., “FORKS”), OR OTHER MEANS OF ATTACK THAT MAY AFFECT, IN ANY WAY, THE NFT.
TENTH LIFE LLC DOES NOT WARRANT THAT THE USER’S ACCESS AND USE OF THE SKELECATS WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY AND FREE FROM ERRORS, MALFUNCTIONS, VIRUSES AND MALICIOUS CODES OF ANY KIND WHATSOEVER. NO INFORMATION PROVIDED ON THE SKELECATS WEBSITE IS EVER GUARANTEED IN ANY WAY WHATSOEVER.
THE USER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT ELECTRONIC COMMUNICATIONS MAY NOT BE FREE FROM INTERFERENCES WITH THIRD PARTIES. TENTH LIFE LLC SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES AND LOSS OF PROFIT, OF WHATEVER NATURE AND KIND, RESULTING FROM OR ARISING OUT OF SUCH INTERFERENCE WITH THIRD PARTIES THROUGH THE INTERNET NETWORK.
8.2 INDEMNIFICATION
THE USER SHALL INDEMNIFY, DEFEND AND HOLD TENTH LIFE LLC, AND ITS MEMBER, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "THE TENTH LIFE LLC CLAIMANTS") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, AWARDS, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES), ARISING OUT FROM (I) ANY BREACH BY THE USER, OR ANY OF ITS RESPECTIVE EMPLOYEES OR AGENTS IF ANY, OF THIS TERMS OR OF ANY WARRANTY, REPRESENTATION, COVENANT OR OBLIGATION CONTAINED HEREIN; (II) ANY INFRINGEMENT OR ALLEGED INFRINGEMENT ON THE PART OF THE TENTH LIFE LLC CLAIMANTS IN CONNECTION WITH ANY AND ALL USE OF THE SKELECATS WEBSITE, SERVICES AND/OR SKELECAT NFT BY THE USER.
8.3 LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENTH LIFE LLC BE LIABLE FOR ANY INDIRECT DAMAGES CAUSED TO A USER IN RELATION TO ACCESS AND/OR USE OF THE SKELECATS WEBSITE AND/OR THE SERVICES.
9.1 BREACH OF TERMS
IF THE USER’S UTILIZATION OF THE SKELECATS WEBSITE IS DEEMED IN BREACH OF THE TERMS, TENTH LIFE LLC RESERVES THE RIGHT TO LIMIT, SUSPEND OR TERMINATE, TEMPORARILY OR PERMANENTLY, AS OF RIGHT, WITHOUT ANY INDEMNIFICATION, COMPENSATION OR REFUND WHATSOEVER BEING OWED AND WITHOUT ANY PREJUDICE TO ANY LEGAL ACTION THAT TENTH LIFE LLC MAY BE ENTITLED TO, THE USER’S ACCESS TO THE SKELECATS WEBSITE AND/OR THE SERVICES AVAILABLE TO THE USER. TENTH LIFE LLC SHALL INFORM THE USER OF ITS DECISION TO SUSPEND OR LIMIT THE USER’S RIGHTS AND MAY, AT ITS DISCRETION, DECIDE TO RESTORE THE USER’S RIGHTS.
9.2 THIRD PARTY CONTENT
THE SKELECATS WEBSITE MAY DISPLAY HYPERTEXT LINKS REDIRECTING THE USER TO THIRD PARTY WEBSITES AND/OR APPLICATIONS. TENTH LIFE LLC SHALL NOT BE HELD LIABLE, IN ANY WAY WHATSOEVER, IN RESPECT OF ANY HYPERTEXT LINKS TO THIRD PARTIES THAT MAY BE ACCESSIBLE ON THE SKELECATS WEBSITE. IN THIS RESPECT, PLEASE NOTE THAT TENTH LIFE LLC NEITHER HAS ANY CONTROL OVER THE CONTENT PUBLISHED BY SUCH THIRD PARTIES NOR MONITORS SUCH CONTENT. AS A RESULT, TENTH LIFE LLC SHALL IN NO EVENT BE HELD LIABLE IN RESPECT OF ANY CONTENT PUBLISHED BY THIRD PARTIES WHATSOEVER. THE USER IS HEREBY INVITED TO DULY READ THE TERMS AND CONDITIONS GOVERNING THIRD-PARTY WEBSITES AND APPLICATIONS THAT THE USER MAY ACCESS BY CLICKING ON HYPERTEXT LINKS DISPLAYED ON THE SKELECATS WEBSITE AND RELATED WEBSITE PAGES.
IN THE EVENT THAT ANY CONTENT POSTED ON THE SKELECATS WEBSITE DOES NOT COMPLY WITH THESE TERMS AND/OR INFRINGES APPLICABLE LEGAL AND REGULATORY PROVISIONS, IN PARTICULAR BECAUSE IT CONSTITUTES MANIFESTLY UNLAWFUL CONTENT (E.G., DEFAMATORY, DENIGRATING OR INFRINGING ON THE USER'S INTELLECTUAL PROPERTY RIGHTS), ANY USER MAY REPORT SUCH INFRINGEMENT BY CONTACTING TENTH LIFE LLC IN ACCORDANCE WITH ARTICLE 12.
9.3 ASSIGNMENT
TENTH LIFE LLC MAY TRANSFER ALL OR PART OF ITS RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO ANY ENTITY, AFFILIATE, SUBSIDIARY OR THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, IN CASE OF MERGER, DIVISION, PARTIAL ASSET TRANSFER OR FULL OR PARTIAL BUSINESS DISPOSAL. THE USER SHALL NOT TRANSFER ALL OR PART OF ITS OBLIGATIONS UNDER THESE TERMS, IN ANY WAY WHATSOEVER, WITHOUT THE EXPRESS PRIOR WRITTEN AGREEMENT OF TENTH LIFE LLC.
9.4 VALIDITY
IN THE EVENT ANY ONE OR MORE OF THE PROVISIONS OF THESE TERMS ARE UNENFORCEABLE, IT SHALL BE STRICKEN FROM THE APPLICABLE DOCUMENT, BUT THE REMAINDER OF THE TERMS SHALL REMAIN IN FORCE. THE PROVISIONS DECLARED UNENFORCEABLE SHALL BE REPLACED BY THE PROVISIONS THAT ARE CLOSEST IN MEANING AND SCOPE TO THE INITIAL PROVISIONS.
9.5 ELECTRONIC COMMUNICATION
IN ACCORDANCE WITH APPLICABLE LAW, THE USER ACKNOWLEDGES AND AGREES THAT INFORMATION EXCHANGED BETWEEN THE USER AND TENTH LIFE LLC IN ELECTRONIC FORMAT (INCLUDING VIA EMAIL) SHALL BE DEEMED VALID MEANS OF COMMUNICATION., NOTICE AND PROOF, EQUIVALENT TO INFORMATION IN PAPER FORMAT.
THE VALIDITY OF THESE TERMS AND ANY OF ITS TERMS AND PROVISIONS, AS WELL AS THE RIGHTS AND DUTIES OF THE PARTIES HEREUNDER, SHALL BE GOVERNED, INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE FEDERAL LAW OF THE UNITED STATES AND THE LAW OF THE STATE OF DELAWARE.
IN THE EVENT OF A DISPUTE ARISING BETWEEN THE PARTIES REGARDING THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS, THE PARTIES SHALL ENDEAVOR TO RESOLVE SUCH ISSUE THROUGH AMICABLE MEANS. NOTWITHSTANDING ANYTHING TO THE CONTRARY PROVIDED HEREIN, THE STATE OR FEDERAL COURT OF APPROPRIATE JURISDICTION LOCATED IN KENT COUNTY, DELAWARE SHALL BE THE VENUE FOR ANY FORMAL DISPUTES BETWEEN USER AND TENTH LIFE LLC.
PLEASE CONTACT US BY E-MAIL AT HELLO@SOCIETYALPHA.XYZ.
NOTICE. WE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND WE ASK YOU TO DO THE SAME. IF YOU ARE A COPYRIGHT OWNER OR AN AGENT OF A COPYRIGHT OWNER AND BELIEVE THAT ANY CONTENT ON THE SERVICES INFRINGES UPON YOUR COPYRIGHTS (OTHER THAN CONTENT THAT WAS PREVIOUSLY UPLOADED BY YOU TO TENTH LIFE LLC AND AS TO WHICH THE USER-TO-USER COMPLAINT PROCESS APPLIES AS DESCRIBED BELOW), YOU MAY SUBMIT A NOTIFICATION PURSUANT TO THE DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") BY CONTACTING OUR COPYRIGHT AGENT AT OR TO THE ADDRESS PROVIDED IN ARTICLE 12, ATTENTION DMCA AGENT. IF A COPYRIGHT OWNER IS UNDER THE AGE OF 13, A DMCA NOTICE MUST BE SUBMITTED BY A PARENT OR OTHER REPRESENTATIVE OF THE RIGHTSHOLDER, RATHER THAN DIRECTLY BY AN UNDER-13 USER. YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION 5(A), YOUR DMCA NOTICE MAY NOT BE VALID. YOU MUST PROVIDE THE FOLLOWING INFORMATION IN WRITING (SEE 17 U.S.C 512(C)(3) FOR FURTHER DETAIL):
COUNTER-NOTICE. REGARDING ANY CONTENT THAT WAS REMOVED OR DISABLED, IF YOU BELIEVE THAT YOUR CONTENT IS NOT INFRINGING OR THAT YOU HAVE THE AUTHORIZATION FROM THE COPYRIGHT OWNER, THE COPYRIGHT OWNER’S AGENT, OR PURSUANT TO THE LAW, TO POST AND USE THE MATERIAL IN YOUR CONTENT, YOU MAY SEND A COUNTER-NOTICE TO OUR COPYRIGHT AGENT. ANY COUNTER-NOTICE SUBMITTED ON BEHALF OF AN UNDER-13 USER MUST BE SUBMITTED BY A PARENT OR OTHER ADULT REPRESENTATIVE. WHEN OUR COPYRIGHT AGENT RECEIVES A COUNTER-NOTICE, WE MAY SEND A COPY OF THE COUNTER-NOTICE TO THE ORIGINAL COMPLAINING PARTY INFORMING THAT PARTY THAT WE MAY, IN 10 BUSINESS DAYS, REPLACE THE REMOVED CONTENT OR STOP DISABLING IT. UNLESS THE COPYRIGHT OWNER FILES AN ACTION SEEKING A COURT ORDER AGAINST THE PROVIDER OF THE CONTENT, THE REMOVED CONTENT MAY BE REPLACED OR ACCESS TO IT RESTORED, IN 10 TO 14 BUSINESS DAYS OR MORE AFTER RECEIPT OF THE COUNTER-NOTICE, IN TENTH LIFE LLC’ SOLE DISCRETION.
REPEAT INFRINGER POLICY. TENTH LIFE LLC’ INTELLECTUAL PROPERTY POLICY IS TO: (I) REMOVE OR DISABLE ACCESS TO MATERIAL THAT TENTH LIFE LLC KNOWS TO BE INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR THAT HAS BEEN IDENTIFIED IN A VALID DMCA NOTICE SUBMITTED BY AN INTELLECTUAL PROPERTY RIGHTS OWNER OR HIS OR HER AGENT; AND (II) IN APPROPRIATE CIRCUMSTANCES, TO TERMINATE THE ACCOUNT OF AND BLOCK ACCESS TO THE SKELECATS WEBSITE AND SERVICES BY ANY USER WHO REPEATEDLY OR EGREGIOUSLY INFRINGES OTHER PEOPLE’S COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS.
TRADEMARK INFRINGEMENT OUR POLICIES PROHIBIT A USER FROM PROVIDING USER-GENERATED CONTENT THAT INFRINGES TRADEMARKS. IF A USER PROVIDES CONTENT THAT INFRINGES TRADEMARKS, THE USER’S CONTENT CAN BE BLOCKED OR REMOVED.
IF YOU ARE A TRADEMARK OWNER THAT BELIEVES YOUR TRADEMARK IS BEING INFRINGED, PLEASE NOTE THAT WE ARE NOT IN A POSITION TO MEDIATE DISPUTES BETWEEN USERS AND THE HOLDERS OF TRADEMARK RIGHTS. THAT BEING SAID, WE TAKE YOUR RIGHTS SERIOUSLY. SO, WE WILL LOOK INTO AND TRY TO RESOLVE ANY ALLEGATIONS OF TRADEMARK INFRINGEMENT. THEREFORE, IF YOU FEEL THAT YOUR TRADEMARK RIGHTS ARE BEING INFRINGED, CONTACT OUR TRADEMARK AGENT AT OR AT THE ADDRESS PROVIDED IN ARTICLE 12, ATTENTION TRADEMARK AGENT. WHEN YOU CONTACT US, PLEASE PROVIDE THE FOLLOWING INFORMATION IN WRITING:
