TERMS AND CONDITIONS
The following terms and conditions apply to the website and services offered by AfterEarth. This includes the mobile and tablet versions as well as any other version of AfterEarth accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “AfterEarth” PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of AfterEarth. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on AfterEarth. You agree to be bound by any modification to this terms and conditions when you use AfterEarth after any such modification is posted; it is therefore important that you review this agreement regularly.
The use of the platform and the services available on the platform is prohibited for children under the age of 13. Children between the ages of 13 and 18 must be supervised and receive appropriate guidance in the use of our platform and the services available on the platform. It is the responsibility of parents and legal guardians to determine whether any of the content, services and products available on the platform are appropriate for their children or minors in custody. AfterEarth reserves the right to conduct appropriate age checks during registration.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. AfterEarth may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you want to register with AfterEarth to trade digital assets through the platform, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the platform and service, you represent that you are of legal age to form a binding contract under the laws of the United States or Canada or other applicable jurisdiction. By accepting these conditions, the user agrees to (1) Provide truthful and reliable information at the time of creating his user account; (2) Refrain from assigning validation data (username and password) to third parties; (3) Refrain from using the platform to perform acts contrary to morality, law, public order and good customs against AfterEarth or third parties; (4) Pay in due time and form the value corresponding to the products (assets); (5) Immediately inform AfterEarth in case of forgetfulness or usurpation of the validation data; (6) Refrain from conduct that undermines the operation of the platform; (7) Refrain from impersonating other users; (8) Refrain from decrypting, decompiling or disassembling any element of the platform or any of its parts.
You further agree to provide true, accurate, current and complete information as prompted by the registration form available from AfterEarth, and to maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AfterEarth reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform and service (or any part thereof) at any time.
Users may share information through their user profile with other users. Any information that users share through the platform and their user profile is the sole responsibility of the users. Users are free to share information, but shall be responsible for the use of such information, its publication and disclosure. AfterEarth is not responsible for the information posted and shared through the platform and its user profile.
If you register on AfterEarth, you will be required to choose a password, and you may be asked for additional information regarding your account. Users will be able to register through the user's social media accounts. By registering and logging in through social media accounts, the user agrees that we may collect information through the social media accounts that the user links to for the sole and exclusive purpose of logging into the platform and creating an account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AfterEarth of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from AfterEarth. AfterEarth will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing AfterEarth with your email address you consent to our use of your email address to send you notices about the platform services, including those required by law. We may also use your email address to send you notifications, and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to AfterEarth.
AfterEarth reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if AfterEarth believes that you have breached any of these terms, furnished AfterEarth with false or misleading information, or interfered with use of the platform or the service by others.
4. PAYMENTS AND FEES
Transactions between users within the platform will be made through the payment platforms available on AfterEarth. Transactions for digital assets within the platform are made exclusively between users. AfterEarth does not control or manage such transactions. AfterEarth does not have the ability to reverse transactions made between users.
AS is not responsible for any damages or claims that may arise between users or any third party due to transactions made by users within the platform.
Users reserve the right to determine the price of the assets. The price of the assets will be available in the offer of each listing created by the user seller. Assets prices are subject to change at any time based on the market supply and demand. AfterEarth will make reasonable efforts to keep the price information posted on the platform up to date. We encourage you to periodically check the prices for updated information.
AfterEarth will charge for the use of the platform, a commission of (5%) for each transaction made within the marketplace. The user declares, acknowledges and authorizes that the commission may be deducted from the total value of each transaction and transferred to AfterEarth. The user will be solely responsible for paying the corresponding taxes, fees and levies for each transaction made through the marketplace.
When a user makes a transaction through the platform with another user, AfterEarth will send an email to confirm the transaction. This confirmation email will be produced automatically so that users have confirmation of the transaction.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment data will be treated and stored securely and for the sole purpose of processing the purchase of processing transactions within the platform by registered users. AfterEarth reserves the right to hire any payment platform available on the market, which treats your data for the sole purpose of processing transactions within the platform between users.
Through the platform AfterEarth may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, AfterEarth does not endorse, guarantee or commit its responsibility for the services and / or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
6. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
7. LICENSE TO USE THE PLATFORM
AfterEarth gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the platform provided to you by AfterEarth as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by AfterEarth, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the AfterEarth platform or third parties.
AfterEarth reserves the right to terminate your access immediately, with or without notice, and without liability to you, if AfterEarth believes that you have violated any of these terms or interfered with the use of the platform or service by others.
The property rights of the platform and methods used in the platform belong exclusively to AfterEarth. Any physical or virtual exposure of the methods used in the platform may lead to violations of AfterEarth's intellectual property rights.
The intellectual property of the products offered through the platform belongs to the registered users. The services offered on the platform by users, as well as the copyright and intellectual property rights pertaining to these products belong solely and exclusively to the users. AfterEarth does not retain any copyright or intellectual property rights for the publication of products through the platform.
The content contributed by users belongs to the users. The copyright and intellectual property rights of the content provided by users belong to the users who authorize AfterEarth to publish such images on the platform. Please do not copy or use these images without the respective authorization of the users.
All materials on AfterEarth, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by AfterEarth or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on AfterEarth are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without AfterEarth prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize AfterEarth or any part of the material for any purpose other than its intended purposes is strictly prohibited.
9. COPYRIGHT COMPLAINTS
AfterEarth respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the AfterEarth platform infringe upon your copyright or other intellectual property right, please submit your request through our contact information, with the following information:
i. Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
ii. A statement specifically identifying the location of the infringing material, with enough detail that AfterEarth may find it on the AfterEarth platform. Please note: it is not sufficient to merely provide a top-level URL.
iii. Your name, address, telephone number and e-mail address.
iv. A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
v. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
vi. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
10. USER CONTENT
Certain features of the platform may allow users to upload content, and to post such user content on the platform. You retain any copyrights you may have in the user content you post through the listings available on the platform. However, we need your permission to publish the content. AfterEarth is not responsible for the accuracy, safety or legality of user content posted on the platform. The user is solely and exclusively responsible for its content and the consequences of its publication. By providing User Content to or through the Platform, User grants AfterEarth a worldwide, non-exclusive, royalty-free, fully paid-up, royalty-free right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of displaying and publishing User Content on the Platform or any available social network.
11. USER CONTENT REPRESENTATIONS AND WARRANTIES
AfterEarth disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize AfterEarth and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by AfterEarth, the service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause AfterEarth to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
12. USER CONTENT DISCLAIMER
AfterEarth may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AfterEarth with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, AfterEarth does not permit copyright-infringing activities on the Service.
13. ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the platform is accurate, complete or updated. The content of this platform is provided for general information and should not be taken as a professional advice. Any use of the material provided on this platform is at your own risk.
14. PERSONAL DATA
AfterEarth contains content of third-party licensors to AfterEarth, which is protected by copyright, trademark, patent, trade secret and other laws. AfterEarth owns and retains all rights, title and interest in the content. AfterEarth hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through AfterEarth or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing AfterEarth and using the services.
Any dealings with third parties included within or on AfterEarth involving the delivery of and payment for products and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. AfterEarth is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on AfterEarth does not constitute an endorsement or recommendation of such third party or the product or services of such third party by AfterEarth or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on AfterEarth is provided to you for informational purposes only. AfterEarth encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While AfterEarth works to ensure the information on AfterEarth is current and accurate.
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to AfterEarth or licensed to the AfterEarth by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by AfterEarth.
ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
iii. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
v. Deep-link to any portion of the services for any purpose without our express written permission.
vi. "Frame", "mirror" or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization.
vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by AfterEarth in connection with the services.
viii. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
ix. Download any Content unless it’s expressly made available for download by AfterEarth.
17. DISCLAIMER OF WARRANTIES
AfterEarth will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet AfterEarth provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse AfterEarth for any loss or damage caused as a result.
AfterEarth will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, AfterEarth excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to AfterEarth and AfterEarth shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
· Any incorrect or inaccurate information on the platform.
· The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product or service purchased through the platform.
· Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
· Any loss of profit, wasted expenditure, destruction of data or any other loss which does not directly result from something we have done wrong.
· Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from AfterEarth.
· All representations, warranties, conditions and other terms which but for this notice would have effect.
18. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by AfterEarth for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify AfterEarth from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
· Your breach of this agreement or the documents referenced herein.
· Your violation of any law or the rights of a third party.
· Your use of the AfterEarth platform and services.
20. CHANGES AND TERMINATION
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AfterEarth without restriction.
22. INTEGRATION CLAUSE
This agreement together with theand any other legal notices published by AfterEarth, shall constitute the entire agreement between you and AfterEarth concerning and governs your use of the platform and the services.
24. FINAL PROVISIONS
These terms and conditions are governed by the laws of Canada and the United States. Use of AfterEarth platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
25. CONTACT INFORMATION