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.
By accessing to and using our Service, you acknowledge that you
a. 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;
e. accept and agree any additional terms and conditions issued by us from time to time pursuant to Section 4 hereof.
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.
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;
e. Acceptable Use Policy- which tells you what you can and can't do on Colorverse.
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
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 firstname.lastname@example.org. 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 email@example.com. 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;
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.
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:
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.
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 firstname.lastname@example.org.
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).
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.
Disclaimer: YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT WE WILL USE REASONABLE CARE AND SKILL IN PROVIDING COLORVERSE TO YOU (THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS) AND WE DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE.
A. WE MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY ABOUT:
I. THE USER GENERATED CONTENT PROVIDED THROUGH THE SERVICE;
II. VIEWS EXPRESSED BY USERS ON COLORVERSE (DO NOT REPRESENT OUR VIEWS);
III. ANY RIGHTS IN RELATION TO USER GENERATED CONTENT (ANY SUCH RIGHTS MAY ONLY BE GRANTED TO YOU BY THE USER);
IV. THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS;
V. THAT ANY USER GENERATED CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE;
VI. USERS’ DEVICES, OPERATING SYSTEM, INFORMATION TECHNOLOGY, AND COMPUTER PROGRAMS COMPATIBILITY TO ACCESS COLORVERSE; OR
VII. AVAILABILITY OF THE INTERNET, OR ANY ERRORS IN YOUR CONNECTIONS, DEVICE OR OTHER EQUIPMENT, OR SOFTWARE THAT MAY OCCUR IN RELATION TO YOUR USE OF COLORVERSE.
D. YOU AGREE THAT YOU HAVE NO OBLIGATION TO FOLLOW ANY SUGGESTIONS, COMMENTS, REVIEW, OR INSTRUCTIONS RECEIVED FROM ANOTHER USER OF COLORVERSE AND THAT IF YOU CHOOSE TO DO SO, YOU DO SO ENTIRELY AT YOUR OWN RISK.
E. WE MAKE NO PROMISES OR GUARANTEES OF ANY KIND THAT USERS WILL MAKE A PARTICULAR SUM OF MONEY (OR ANY MONEY) FROM THEIR USE OF COLORVERSE.
F. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE.
G. WE DO NOT PROMISE THAT COLORVERSE IS COMPATIBLE WITH ALL DEVICES AND OPERATING SYSTEMS. YOU ARE RESPONSIBLE FOR CONFIGURING YOUR INFORMATION TECHNOLOGY, DEVICE, AND COMPUTER PROGRAMS TO ACCESS COLORVERSE. YOU SHOULD USE YOUR OWN VIRUS PROTECTION SOFTWARE.
H. WHILE WE TRY TO MAKE SURE THAT COLORVERSE IS SECURE AND FREE FROM BUGS AND VIRUSES, WE CANNOT PROMISE THAT IT WILL BE AND HAVE NO CONTROL OVER THE CREATOR’S CONTENT.
I. WE ARE NOT RESPONSIBLE FOR ANY LOST, STOLEN OR COMPROMISED USER ACCOUNTS, PASSWORDS, EMAIL ACCOUNTS, OR ANY RESULTING UNAUTHORISED ACTIVITIES OR RESULTING AUTHORISED PAYMENTS OR WITHDRAWAL OF FUNDS.
J. THIRD-PARTY CRYPTO WALLET IS NOT OPERATED BY, MAINTAINED BY, OR AFFILIATED WITH COLORVERSE, AND WE DO NOT HAVE CUSTODY OR CONTROL OVER THE CONTENTS OF YOUR CRYPTO WALLET AND HAVE NO ABILITY TO RETRIEVE OR TRANSFER ITS CONTENTS.
WHILE WE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, USER GENERATED CONTENT, CREATOR’S CONTENT LINKED TO THIRD PARTIES OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE.
Limitation of Liability: YOU ACKNOWLEDGE THAT THE SERVICE CONTENT SHALL BE USED AT YOUR OWN RISK AND RESPONSIBILITY.
ACCORDINGLY, WE WILL NOT BE RESPONSIBLE FOR OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF USER GENERATED CONTENT, NFTS AND/OR USER GENERATED CONTENT LINKED TO OTHER THIRD PARTIES OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL LOSSES, DAMAGES, OR CLAIMS ARISING FROM:
A. USER ERROR;
B. ANY INTERRUPTION OR CESSATION OF THE SERVICE (E.G., SERVER FAILURE OR DATA LOSS);
C. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
D. ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS;
E. ANY USER GENERATED CONTENT WHETHER SUBMITTED BY A USER, INCLUDING YOUR USE OF USER GENERATED CONTENT;
F. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT;
G. PERSONAL INJURY, DEATH OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
H. VIRUS, MALWARE, RANSOMWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF COLORVERSE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT OR ON ANY WEBSITE LINKED TO IT; AND/OR
I. ANY INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES WHEN USING NFT RELATED SERVICES.
WITHOUT PREJUDICE TO THE FOREGOING, WE (INCLUDING OUR AFFILIATES AND SUBSIDIARIES, EMPLOYEES, REPRESENTATIVES AND/OR AGENTS) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF BUSINESS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF ANTICIPATED SAVINGS SUFFERED BY YOU ARISING FROM OR IN CONNECTION WITH YOUR USE OF COLORVERSE.
Assumption of Risk about NFTs: In this section, you agree and acknowledge that
a. The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
b. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
c. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party crypto wallet or User Account. You accept and acknowledge that Colorverse will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
d. We reserve the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Colorverse. Under no circumstances shall the inability to view items on Colorverse or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against us.
General: You agree that:
b. if we fail to enforce any aspect of your agreement with us, it will not be a waiver;
c. we reserve all rights not expressly granted to you;
e. you cannot transfer your rights or obligations under your agreement with us without our prior written consent;
f. our rights and obligations under your agreement with us can be assigned or transferred by us to others and your prior consent or prior notice to you shall not be required;
Last Update on 15 August 2022