TERMS OF USE FOR ALL USERS
BY USING OUR SERVICE, YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY. YOU ARE NOT ALLOWED TO USE OUR SERVICE IF YOU DISAGREE WITH ANY OF THE TERMS IN THIS POLICY.
Introduction: Colorverse is a breakthrough form of SocialFi Community presented by Presto Color Sdn Bhd that adapts a two-way income stream by rewarding Creators and Fans who contribute. Colorverse provides a ready-to-use Web 3.0 platform for Creators to share content, monetize digital assets and forge relationships with their fans through customizable channels, NFT collections, and Metaverse. Fans who treasure creative content can discover, collaborate, and interact with Creators in Colorverse to be rewarded with exclusive perks in phygital experiences as well as investment opportunities.
These Terms of Use for All Users (hereinafter referred to as “Terms of Use” or “Terms”) govern your use of Colorverse and your agreement with us. Colorverse can be used regardless of devices (including various wired and wireless devices such as PCs and portable devices). These Terms describe the rights, meanings, responsibilities, and other matters between Presto Color Sdn Bhd (hereinafter referred to as the “Company”, "we", "our" and "us") and users (hereinafter referred to as “Users” or “you”).
By accessing to and using our Service, you acknowledge that youa. accept and agree to be bound by these Terms;
b. accept that Colorverse is still in testing phase and that you use at your own risk;
c. represent that you are old enough to use the Service and access to Colorverse pursuant to Section 7 below;
d. consent to the collection, use, disclosure and other handling of information as described in the Privacy Policy; and
e. accept and agree any additional terms and conditions issued by us from time to time pursuant to Section 4 hereof.
Interpretation:In these Terms of Use,
a. we refer to our Service as "Colorverse" (including when accessed via the URL https://colorverse.social/), a Web3 SocialFi Community developed and presented by Presto Color Sdn Bhd;
b. references to the “Company”, "we", "our", "us" are references to Presto Color Sdn Bhd, the operator and owner of Colorverse;
c. “Content” means collectively, the User Generated Content, Creator’s Content, and content belonging to us contained or published in Colorverse, as the context may require;
d. "Creator" means a User who has set up their Colorverse account as a Creator account to post Content on Colorverse to be viewed by other users;
e. "Creator’s Content" means any material uploaded to Colorverse by any Creator, including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
f. “Creator’s Channel” means a personal branded site launched by the Creator on Colorverse, including when accessed via the URL `colorverse.social/c/(channelname);
g. "Fan" means a User who follows a Creator and is able to view the Creator's Content;
h. "Fan/Creator Transaction" means any and all payments made by a Fan to a Creator on Colorverse by which access is granted to the Creator's Channel, Creator’s Content and become Creator's NFT’s holder including in any of the following ways:
i. subscription of Creator's Channel;
ii. payments made by a Fan to view a Creator's pay-per-view Content;
iii. virtual gifting purchased by a Fan and send to Creator;
iv. use by the Fan of the fan interaction function (e.g., Message) on Colorverse to tip Creator;
v. purchase of Creator’s NFT in Creator’s Channel;
i. "Fan Payment” means
i. any and all payments made by a Fan in respect of any Fan/Creator Transaction, and
ii. any and all tips;
j. “NFT” means a non-fungible token or similar digital item uploaded by Colorverse which implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data;
k. "Standard Contract between Fan and Creator" means the terms which govern each Fan/Creator Transaction on Colorverse;
l. "Subscription” means a Fan’s subscription to a Creator’s Channel (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);
m. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable;
n. "User" means any user of Colorverse, whether a Creator or a Fan or both (also referred to as "you" or "your");
o. “User Account” means an account created by User on Colorverse pursuant to Section 6 hereof;
p. “User Generated Content” means any material uploaded to Colorverse by any User, including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever.
These Terms of Use (also called "your agreement with us") means the legally binding agreement between you and us. Certain other terms or policies forming part of the Terms of Use will also apply to you and form part of your agreement with us, as follows:
a. Terms of Use for Fans - which contain additional terms which apply if you use Colorverse as a Fan;
b. Terms of Use for Creators - which contain additional terms which apply if you use Colorverse as a Creator;
c. Standard Contract between Fan and Creator - which does not form part of your agreement with us but applies to each transaction you enter into any Fan/Creator Transaction and it sets out the terms on which you will contract with Creators/Fans;
d. Privacy Policy - which tells you how we use your personal data and other information we collect about you; and
e. Acceptable Use Policy- which tells you what you can and can't do on Colorverse.
If there is any conflict between these Terms of Use and any of the terms or policies listed above, the Terms of Use will apply and prevail to the extent of the conflict.
How we may change the Terms of Use: We reserve the right to change or modify any part of the Terms of Use without telling you beforehand in the following circumstances:
a. to reflect changes in laws and regulatory requirements which apply to us and the services, features and programs of the Company where such changes require Colorverse to change its Terms of Use in a manner which does not allow us to give reasonable notice to you;
b. to address an unforeseen and imminent danger related to defending Colorverse, Users or Creators from fraud, malware, spam, data breaches or other cybersecurity risks; and/or
c. we may also make other changes to any part of the Terms of Use for any reason.
If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes by updating the “Last Updated” date at the end of this Terms of Use. By continuing to access or use Colorverse, you confirm your acceptance of the revised Terms of Use and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the Terms of Use that apply when you access or use Colorverse. Once any updated Terms of Use are in effect, you will be bound by them if you continue to use Colorverse.
We may make changes to or suspend or withdraw Colorverse: We may update and change Colorverse from time to time for any reason, including to reflect changes to our Service, User’s needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Colorverse, or any Content on it, will always be available to accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Colorverse for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
Registering with Colorverse: To use Colorverse you must first provide a valid email address and a password to sign up and create a User Account on Colorverse. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of Colorverse for the composition of passwords.
If you lose access to your User Account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, you may contact support@colorverse.social. for assistance. Colorverse support team will require you to provide identification documents and photos and any additional evidence we may reasonably require proving your identity.To register as a User and use Colorverse, you warrant that:
a. you must be at least 18 years old, and you will be required to confirm this. Note that, we may ask you to submit additional information (including age or identity verification information) at any time. We may reject your application to set up a User Account for any reason;
b. if the laws of the country or State/Province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live;
c. you must provide such other information or verification records as we require;
d. you must not be barred from accessing Colorverse under any laws which apply to you;
e. if you previously had a User Account with Colorverse, you confirm that your old User Account was not terminated or suspended by us because you violated any of our terms or policies;
f. you will make sure that all information which you submit to us is truthful, accurate and complete;
g. you will update promptly any of your information you have submitted to us as and when it changes;
h. you will keep your account/login details/third-party crypto wallet confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@colorverse.social. promptly if you believe someone has used or is using your User Account without your permission or if your User Account has been subject to any other breach of security. You also agree to ensure that you log out of your User Account at the end of each session, and to be particularly careful when accessing your User Account from a public or shared computer so that others are not able to access, view or record your password or other personal information;
i. you are responsible for all activity on your User Account even if, contrary to the Terms of Use, someone else uses your User Account;
j. you will comply in full of these Terms of Use for All Users , our Acceptable Use Policy and all other parts of the Terms of Use which apply to your use of Colorverse;
k. you consent to receive electronic communications from us (e.g., via email, push notification, text messages, or other types of messages), and to the processing of your personal data as more fully detailed in our Privacy Policy. We may send you notices about your User Account (e.g., transactional information) and promotional communications that we think will be of interest to you;
l. you are aware that you are required to have a blockchain address and a third-party crypto wallet to access to and/or use any services regarding NFTs in Colorverse. By using your third-party crypto wallet in connection with the Service, you agree that you are using third-party crypto wallet under the terms and conditions of the applicable provider of third-party. Your Colorverse User Account will be associated with your linked blockchain address and display the NFT you purchase from Colorverse’s Creators, if you have any.
If you do not meet the above requirements, you must not access or use Colorverse and/or your User Account.
Account Suspension and Termination: If you breach any of the provisions of these Terms, we will have the rights to suspend or terminate your User Account without prior notice.
a. We can but we are not obligated to moderate or review any of your User Generated Content to verify compliance with the Terms of Use (including, in particular, our Acceptable Use Policy ) and/or any applicable law.
b. It is our policy to suspend access to any User Generated Content you post on Colorverse which we become aware may not comply with the Terms of Use (including, in particular, our Acceptable Use Policy ) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such User Generated Content. If we suspend access to any of your User Generated Content, you may request a review of our decision to suspend access to the relevant User Generated Content by contacting us at support@colorverse.social.. Following our investigation of the suspected non-compliance or unlawfulness of the relevant User Generated Content, we may take any action we consider appropriate, including to reinstate access to the User Generated Content or to permanently remove or disable access to the relevant User Generated Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide us with all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your User Generated Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your User Generated Content under this section.
c. If we suspend access to your User Account or terminate your agreement with us and your access to Colorverse, we will let you know via Email or WhatsApp, but we are not obligated to give you prior notice of such removal.
d. We reserve the right in our sole discretion to terminate your agreement with us and your access to Colorverse User Account for any reason immediately and without prior notice:
i. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Use (including in particular our Acceptable Use Policy ), or if you attempt or threaten to breach any part of the Terms of Use in a way which has or could have serious consequences for us or another User; or
ii. if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Colorverse.
e. During any period when access to your User Account is suspended, any benefits received during the period of suspension will be suspended.
f. Upon permanent termination of your User Account, we may deal with your User Generated Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your User Generated Content or account. All benefits obtained through the use of the Service will also lapse, for which the Company does not compensate.
g. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Colorverse and cooperate with law enforcement agencies in such investigation.
h. We can disclose any information or records in our possession or control about your use of Colorverse to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, or in response to a court order.
i. Other than User Generated Content (which is owned by or licensed to Users), all rights in and to Colorverse and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
j. We are the sole and exclusive owners of any and all anonymised data relating to your use of Colorverse, and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
Deletion of User Account: If you want to delete your Colorverse User Account, you may do so by contacting us at support@colorverse.social.
a. If you are a Fan, the deletion of your User Account will take place within a reasonable time following your request.
b. If you are a Creator, then once you initiate the “delete account” process, your User Account will remain open until the last day of your Fans’ paid Subscription period, following which you will receive your final payment and your User Account will be deleted.
c. If you are both a Fan and a Creator, then your User Account will be deleted in two stages (Fan first and then Creator).
d. Once your User Account has been deleted, you won’t be charged any further amounts or have access to your former User Account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your User Account. Once your User Account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Colorverse for you to be able to access your Content following deletion of your User Account.
Intellectual Property Rights: – Ownership and Licenses:
a. All intellectual property rights, whether registered or unregistered in relation to the Content on Colorverse (including website, design, software, logo, images, underlying source code and software) belong to us and where applicable, the respective User, Content and/or third-party licensors. All rights are reserved.
b. In respect of your Content, you confirm that you own all intellectual property rights in your Content and you agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Colorverse. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
c. The license which you grant to us under Section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Colorverse, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Colorverse, as well as to use your Content for other normal operations of Colorverse. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Use in the event of a sale of our company or its assets to a third party.
Last Update on 7 December 2022