Plague Poppets provides, or intends in the future to provide,access to certain new products and services, including but not limited to access to the Plague Poppets website, online services, downloadable software, software applications, and digital content relating to current or future Plague Poppets NFTs (the foregoing all collectively, the “Service” or “Services,” and all digital content relating to the Services,the “Digital Content”). A “Plague Poppets NFT” in means a non-fungible token or similar digital unit of data or a series of such data units, specifically associated with one or more works of authorship originally created, owned and controlled by Plague Poppets, implemented on a blockchain, and which uses smart contracts to link to or otherwise be associated with certain content or data.
For purposes of these Terms of Service (“Terms”), “user”,“you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms,and (b) you agree to these Terms on the entity’s behalf.
These Terms apply to your use of the Services, and also apply in specific relation to any request by you to have your name placed on the “Plague Poppets’ Allow List” (the “PPAL”). The number of users permitted to join the PPAL is limited, at Plague Poppets’ sole discretion. Your decision to request a place on the PPAL does not guarantee you a place on the PPAL.If the number of applicants for a place on the PPAL reaches the number of spaces allotted by Plague Poppets before apply,you will not be placed on the PPAL. If your name is placed on the PPAL by Plague Poppets, you shall be provided the option to purchase (“mint”) at least one (1) Plague Poppet Orb NFT,at such time, and only under such additional terms and conditions, that such NFT’s are offered for sale by Plague Poppets. As used herein, “option” means that you shall have the right, but not the obligation, to purchase a Plague Poppet Orb NFT under the terms set by Plague Poppets. Any limited grant of option rights applies only to the extent you continue to include your name on the PPAL. Plague Poppets may remove your name from the PPAL at any time, based upon your violation of any of these Terms.
By accepting these Terms, you also agree that Plague Poppets has made no agreement, promise, or other commitment to you except as expressly set forth above. You hereby acknowledge and agree that until such time as you purchase a Plague Poppets NFT on the terms and conditions to be established by Plague Poppets, you have acquired no rights of ownership relating to a Plague Poppets NFT. Absent such purchase by you,you agree that all right, title and interest in Plague Poppets, Plague Poppets NFTs, the Services, Digital Content,or other Plague Poppets intellectual property belongs exclusively to Plague Poppets or any subsequent transferee from Plague Poppets.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.
Plague Poppets and its licensors retain ownership of all copies of the Plague Poppets Service and Digital Content (even after installation on a device owned by you).
You agree to abide by the Plague Poppets User Guidelines and not to use the Service, the Digital Content, or any part thereof in any manner not expressly permitted by these Terms.
The Service and the Digital Content and all intellectual property related thereto are the property of Plague Poppets or its licensors. All Plague Poppets’s trademarks, service marks,trade names, logos, domain names, copyrights, and any other features of the Plague Poppets Service and Digital Content are the sole property of Plague Poppets or its licensors.Violations of Plague Poppets’s Proprietary Rights, including the Rights below, may cause significant and irreparable damage to Plague Poppets.
• Copyright: For clarity, any commercial use by you of the Plague Poppets Service or Digital Content, without prior written consent from Plague Poppets, is prohibited, and you agree that you may not copy, distribute, transmit, display, perform, reproduce,publish, license, modify, frame, scrape, rent, lease, loan,sell, market, advertise, distribute, or create derivative works based (whether in whole or in part) on the Service or the Digital Content, in whole or in part.create derivative works from, transfer or sell any information or materials contained on the Plague Poppets Service or Digital Content.The Proprietary Rights includes all Plague Poppets software,computer code, designs, text, graphics, animation, images,video, audio files, sound recordings including but not limited to information, logos, button icons, and other content included in the website and Digital Content.
• Trademarks: The trademarks, service marks, and logos of Plague Poppets (the “Plague Poppets Trademarks”) used and displayed on the Service and in the Digital Content, are registered and unregistered trademarks or service marks of Plague Poppets.You agree that the Trademarks may not be used to disparage Plague Poppets, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Plague Poppets reserves all rights not expressly granted herein
Registration, Usernames, and Passwords. Users may be required to register with Plague Poppets in order to access certain aspects or areas of the Services. With respect to any such registration, Plague Poppets may refuse to grant a User permission to register under a specific username or email address for any reason, at our sole discretion. All Users are responsible for maintaining the confidentiality of any password used to access the Services, and agree not to transfer such password or username, or lend or otherwise transfer use of or access to the Services, to any third party.All Users are fully responsible for all interaction with the Services that occurs in connection with their specific username or password.
Plague Poppets is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
• Rules of Conduct:While using the Services and Digital Content, you will comply with all privacy, data protection, intellectual property, and other applicable laws. In addition, Plague Poppets expects users of our Services to respect the rights and dignity of others. Your use of the Services and Digital Content is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Services.
• Prohibited Usage:In connection with the Services and Digital Content, you agree that you may not, nor may you permit any third party to, do or attempt to do any of the following:
You agree that Plague Poppets may use or implement technical measures with respect to the security of the Services and Digital Content and you will not take any action to interfere with, circumvent, disable or otherwise obstruct any such security-related features or other digital rights management functions associated with the Services and Digital Content or reverse engineer or take any other action that may affect the technology associated therewith.
Without limiting the foregoing, if you take any other action in a manner that violates these Terms, or any applicable laws,Plague Poppets or its designee(s) may take corrective actions,as appropriate, including but not limited to removing,deleting or disabling your access to the Service and Digital Content, deleting your user account, destroying inappropriate metadata stored on Plague Poppets’ or its designees' servers.
1. Electronic Notices: By using the Services or providing Personal Information to us,you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in a paper or hard copy format. To receive free written notice of a security breach in a paper or hard copy format (or to withdraw your consent from receiving electronic notice),please notify us at info@PlaguePoppets.com.
2. Customer Support, Feedback and Input, and Surveys:We seek to support your effective and creative use of the Services and to improve, refine, and enhance the quality and capabilities of the Services. As part of providing the Services, we also provide the opportunity for you to influence and prioritize which enhancements to Services we will make and the design and engineering of future products and software.Accordingly, as part of our operations to support your use of the Services and utilization of your insights and experiences to enhance the Services, we may, from time to time, as part of performing these Terms, communicate with you via email or other means to provide, without limitation, demonstration videos showcasing a functionality features, including features that might be used on a trial basis, tips or advice regarding use of the services, and queries regarding user support. Our communications addressing the functionality and features of the Services are based, in part, on a combination of our engineering and research, user inquiries, and feedback, and our responses to surveys and questionnaires. To ensure that we obtain relevant information concerning user experiences with the Services, we may, from time to time, send surveys or questionnaires to you. But using or continuing to use the Services, you consent to our sending to you the above-mentioned communications regarding Services feedback,product tips and instructions, and support and surveys.
1. Monitoring: Plague Poppets reserves the right, but has no obligation, to monitor use of the Services and/or any activities conducted through or in any way related to the Services. Plague Poppets may review and remove any User Content at any time for any reason,including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services.
2. Termination: Plague Poppets reserves the right, in its sole discretion, to restrict, suspend or terminate your account and your access to all or part of the Services for any reason. We reserve the right to restrict, suspend or terminate your account and your access to all or part of the Services in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Services.
1. Disclaimer of Warranties:PLAGUE POPPETS AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES AND LICENSORS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES FOR ANY PURPOSE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE DIGITAL CONTENT, INCLUDING BUT NOT LIMITED TO ITS TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR THE TRUTH, ACCURACY,OR COMPLETENESS OF THE DIGITAL CONTENT OR ANY USER CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES,OR OMISSIONS THEREIN.
YOU AGREE THAT YOU USE THE SERVICES AND DIGITAL CONTENT AT YOUR OWN RISK AND THAT THE SERVICES AND DIGITAL CONTENT ARE OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED IS GIVEN. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR ANY CONTENT. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.
2. Limitation of Liability:IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR DIGITAL CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR,AND WITHOUT LIMITATION, THE COMPANY PARTIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR DIGITAL CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY,PAID BY YOU TO PLAGUE POPPETS TO ACCESS AND USE THE SERVICES OR DIGITAL CONTENT.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indentification: You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, or demands,including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Services.
1. Compliance with Applicable Laws: Plague Poppets is based in the United States. Plague Poppets makes no claims concerning whether the Services or Digital Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or Digital Content from outside the United States, you do so at your own risk. Whether inside or outside the United States,you are solely responsible for ensuring compliance with the laws and regulations of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Services or Digital Content to countries or persons prohibited under the export control laws. By downloading any Services, Digital Content, or any User Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services or Digital Content.
2. General: These Terms constitute the entire agreement between you and Plague Poppets with respect to our Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Plague Poppets with respect to the Services. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Plague Poppets will not be responsible for failures to fulfill any obligations due to causes beyond its control.
3. Governing Law and Arbitration Provision:These Terms and the relationship between you and Plague Poppets shall be governed by the laws of the state of Washington without regard to any conflict of law provisions or principles. Before instituting any legal action concerning the Company Parties or these services, you agree to first contact Plague Poppets at info@Plague Poppets.com regarding any claim or controversy arising out of or relating to these Terms or your use of the Services and that you may not institute any proceeding until at least sixty (60) days after making such contact. You agree that regardless of any statute or law to the contrary, you must file any such claim within one (1) year after such claim is actually or reasonably should have been discovered by you, or two (2) years after the claim arose,whichever period is shorter, or it is forever barred. You and Plague Poppets agree to submit to the personal and exclusive arbitration of any and all disputes relating to your use of the Services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary,shall be conducted in Seattle, Washington. You covenant not to sue Plague Poppets in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that Plague Poppets may recover reasonable attorneys’ fees from you if Plague Poppets prevails in an action for injunctive relief against you.
4. Class Waiver and Waiver of Jury Trial:Any proceedings to resolve or litigate any dispute in any forum with respect to these Terms or the Services will be conducted solely on an individual basis. Neither you nor the Company Parties will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You agree to waive your right to a jury trial in connection with any dispute relating to these Terms or your use of the Services. If this class action waiver or waiver of jury trial is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
Plague Poppets LLC
4616 25th Ave NE #255
Seattle, WA 98105
Plague Poppets is committed to protecting the privacy of your personal information. Our privacy policies are applicable to of the Services (including all websites and applications) produced and maintained by Plague Poppets.
Plague Poppets will not sell, rent or share your contact information with commercial businesses. We use the personal information you provide to the Plague Poppets Website for internal purposes such as fulfilling requests, orders,providing customer service, tracking your compliance with the website’s rules and regulations, or for editorial and feedback purposes.
Personal information collected by the Plague Poppets website is stored in secure operating environments that are not available to the public. In many instances, such as in the case of credit card numbers and all online purchases,the personal information is encrypted before you conduct your transaction. Only those employees who need access to your personal information in order to do their jobs are allowed access. While Plague Poppets makes reasonable efforts to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. As a result,Plague Poppets cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from our website.
Plague Poppets LLC
4616 25th Ave NE #255
Seattle, WA 98105