Platform Terms and Conditions
Welcome to the rebeldewaynft.com website (the "Platform") owned and operated by DEAPLANETA, S.L.U. (“PLANETA”, “we”, “us”, “us” or “our”).
Corporate address: DeaPlaneta S.L.U., Av. Diagonal, 662-664 08034 Barcelona, Spain email: email@example.com
Phone: 93 492 88 54
TAX IDENTIFICATION NUMBER B62490461
Corporate information: Commercial Registry of Barcelona, Volume 33.304, Folio 91, Page nº B-229.169 1st inscription.
These Terms and Conditions (the “Terms”) set out the terms on which we offer you access to and use of the Platform. You confirm that you understand and agree to be bound by these Terms, together with any documents that may be expressly referenced and incorporated herein, including, without limitation, the Terms and Conditions of Purchase (the “T&C of Purchase”) of any individual Digital Collectible (if applicable).
These Terms constitute a legal agreement between you and PLANETA and govern your access to and use of the Platform, including any content, functionality and services offered on the Platform (collectively, the “Services”) that PLANETA makes available to persons over 18 years of age. References to “you” or “your” refer to you as an individual user of the Platform.
PLANETA reserves the right to change or modify these Terms at its discretion at any time by posting a notice on the Platform website. Any changes or modifications to these Terms will be effective as of the “Last Updated Date” referenced on the Website. You should review these Terms before using the Platform or any available Services in the Platform.
You agree and understand that by accessing and using the Platform after the “Last Updated Date” and after any changes to these Terms, you are deemed to have accepted and read the revised Terms.
Throughout these Terms the following definitions will be used:
- "ETH" stands for the cryptocurrency Ether, the native token of the Ethereum blockchain.
- "Wallet" means an electronic wallet required to manage cryptoassets
- "Digital Collectible" means any token initially offered on the Platform with blockchain tracking, such as those compliant with the ERC-721 and ERC-1155 standard or in a successor standard to the Ethereum Blockchain, but which may also be based on other equivalent or to-be-equivalent technology standards. At the same time, it is neither structured as a security within the meaning of the EU Markets in Financial Instruments Directive nor used for investment purposes
- “Purchaser” means the purchaser of an Digital Collectible in a transaction conducted on the Platform.
- “Creator or Licensor” means DeAPlaneta S.L.U with address at Avenida Diagonal 662-664 - 08034 Barcelona with NIF B62490461 and holder of the intellectual property rights of the Digital Collectible offered on the Platform.
- “Seller” means the seller of a Digital Collectible in Opensea or on other platform-enabled transactions, if applicable
- “Intellectual Property” means any intellectual property or intellectual property rights, including but not limited to content, logos, designs, patents, patent applications and disclosures, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
- “we / us / our / PLANETA” means DEAPLANETA, S.L.U.
- “Platform” means this website and other applications that are designed for the purchase of Digital Collectibles that are the object of the services provided
- “T&C of Purchase” means the terms and conditions of sale of any Digital Collectibles offered in the Platform.
3. Access to the Platform and passwords
In general, prior subscription or registration as a user is not required for access and use of the Platform, notwithstanding that for the use of certain services or content of the same must make such subscription or registration.
User data obtained through subscription or registration to this Platform, are protected by passwords chosen by the user. The user undertakes to keep his/her password secret and to protect it from unauthorized use by third parties. The user must notify PLANETA immediately of any unauthorized use of his/her account or any breach of security related to the Platform service of which he/she has become aware.
4. Digital Collectibles sale and purchase
The Platform allows you to purchase Digital Collectibles if you have a Metamask Wallet. Once you have purchased a Digital Collectible, you may give it as a gift, sell it or auction it through the Opensea platform or others, if applicable.
The foregoing transactions shall be governed by and conducted in accordance with these Terms, the applicable Terms of Purchase and the terms and conditions of the Opensea platform or third-party platforms that apply in each case
To purchase a Digital Collectible on the Platform you must select it and connect your Metamask Wallet to make the payment and receive the Digital Collectible.
The Creator or Licensor may offer a Digital Collectible for sale on the Platform at a fixed sale price in ETH as a primary sale, and the Buyer agrees to purchase the Digital Collectible at the sale price specified and in accordance with the T&C of Purchase, where any commissions will be indicated.
Secondary sale/ Export of the Digital Collectible
In order to allow the secondary sale, you will have to export your Digital Collectible to Opensea.io or other compatible platforms by paying the corresponding Gas Fee (or cost per crypto transaction, which is made to the Ethereum network, when you want to transfer an Digital Collectible) such price is variable and external to PLANETA.
Waiver of responsibility
We have no control over these payments or transactions (which occur automatically due to blockchain technology), nor do we have the ability to reverse any payment or transaction. We have no liability to you or any third party for any claims or damages that may arise as a result of any payment or transaction you make through the Platform, or any other payment or transaction you make through the blockchain.
No right of withdrawal
The Buyer accepts that in the context of the sale and purchase of Digital Collectibles, the Buyer shall not have the right of withdrawal, and therefore may not return the Digital Collectible or request a refund.
5. Correct use of the Platform
You agree that you are fully responsible for your own conduct while accessing or using the Platform, as well as for any consequences that your use may cause. You agree to use the Platform at your own risk and only for legally appropriate purposes, in accordance with these Terms, the T&C of Purchase, as well as in accordance with any applicable law or regulation.
You agree not to use the Platform, its contents or the Services provided therein for purposes that are unlawful; contrary to the Terms or the T&C of Purchase; in a manner that infringes the interests or rights of third parties; or in any manner that may damage, disable, render inaccessible or impair the Platform, its contents or its Services or prevent their normal enjoyment by other users.
You expressly agree not to destroy, alter, disable or damage the data, programs or electronic documents found on the Platform.
You agree not to hinder the access of other users to the Platform through the massive consumption of computer resources through which PLANETA provides the Services, as well as to refrain from actions that damage, interrupt or generate errors in such systems or services.
You agree not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical or sequential character device that cause or are likely to cause any type of alteration in PLANETA’s computer systems or those of third parties
You agree not to use the Platform in any way that could cause an infringement of the Intellectual Property Rights of PLANETA, our licensors or third parties;
You agree not to provide false, inaccurate, incomplete or misleading information;
You will not use, employ, operate or create a program to simulate the human behaviour of a user (“Bots”), or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Platform;
PLANETA may include on the Platform links to other websites or external services. These links are included to inform users about the existence of other sources of information on the Internet or to redirect them to the service of a third party, or to a PLANETA partner, where they can expand the information offered on the Platform or complete their experience.
The establishment of any kind of link from the Platform to another website or service does not imply that there is any kind of relationship, collaboration or dependence between PLANETA and the party responsible for the external website or service.
Links on other websites or services to the Platform
Links to the Platform placed on third party websites or services must comply with the following conditions:
- the link shall only allow access to the Platform but may not reproduce the Platform or parts thereof in any form;
- it is not permitted to link to areas of the Platform other than the public areas, i.e. those areas for which access does not require registration on the Platform;
- it is not permitted to create a browser or border environment on the sections of the Platform, nor may the Platform be modified in any other way;
- it is not allowed to make false, inaccurate or incorrect statements or indications about the Platform and/or, in particular, to state or imply that PLANETA has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website where the link is established;
- the website where the link is established may not contain any trademark, logo, slogan or other distinctive signs of PLANETA;
- the website or service to which the link is provided shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that may violate the rights of third parties, including intellectual and industrial property rights and/or the right to honour, personal or family privacy or one’s own image or any other right.
Any link to the Platform must not mislead, confuse or misunderstand users about the origin of the content available on the Platform or imply an act of unfair comparison or imitation or use of PLANETA’s reputation.
PLANETA does not have the power, human or technical means to know, control or approve all the information, content, products or services provided by other websites or services that have established links to the Platform. In this regard, PLANETA assumes no responsibility for any aspect related to the website or service that establishes such a link, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.
PLANETA would appreciate it if users who become aware of the illegality of activities carried out through third party websites linked to the Platform, or through websites or services containing links to the Platform, would inform PLANETA so that it can proceed to disable such access links to firstname.lastname@example.org.
7. Intellectual Property Rights
Unless otherwise indicated by us, all content and materials included on the Platform, including but not limited to the PLANETA logo, all designs, text graphics, images, information, data, software and files related to the Platform (the “Content”) are the exclusive property of PLANETA or have been licensed to PLANETA and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You agree that all rights, title and interest (including all copyrights, trademarks, service marks and other intellectual property rights of any kind, whether registered or unregistered) in the Content, the Platform and the Services provided belong to PLANETA or its licensors.
Unless otherwise indicated, you acknowledge that the reproduction, distribution, commercialization, transformation, and in general, any other form of exploitation, by any process, of all or part of the Content constitutes an infringement of the intellectual and/or industrial property rights of PLANETA or the owner thereof.
We reserve the right to suspend or cancel any Account that has actually or allegedly infringed the Intellectual Property Rights of PLANETA or third parties.
8. Digital Collectibles Ownership/h2>
Your ownership of a Rebel Way Digital Collectible will be recognized by PLANETA only if you have purchased it through the Platform in accordance with the T&C of Purchase or in Opensea.io or on other sales platforms compatible with the Platform.
When you purchase a Digital Collectible on the Platform, you own the Digital Collectible and have the right to transfer, sell, auction or give away your Digital Collectible in Opensea.io or other platforms, if applicable. Upon such purchase, you will have a worldwide, perpetual, exclusive, transferable license to use and display the Digital Collectible for as long as you own the Digital Collectible, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a third-party website or application that enables the inclusion, participation, storage or sharing of your Digital Collectible compatible with this Platform, such as Opensea.io.
The transfer, sale or gift of your Digital Collectibles may be made by you only through Opensea.io platform or another compatible, notwithstanding the cost to you of moving your Digital Collectible to other platforms.
You acknowledge and agree: (a) that the purchase of an Digital Collectible does not grant you any right or license to the Platform Content or any Intellectual Property Rights; (b) that you do not have the right to reproduce, distribute or market any element of the Platform Content without our prior written consent in each case; and (c) that you will not apply for, register or use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case.
By purchasing a Digital Collectible, you agree that you may not make, or permit any third party to make or attempt to make, without PLANETA’s prior written consent, any of the following uses (by way of example, but not limitation):
- modify the Digital Collectible in any way, including, but not limited to, its shape, designs, drawings, attributes or color combinations;
- use the Digital Collectible to advertise, market or sell any third-party products or services;
- use the Digital Collectible in connection with images, videos or other forms of media depicting hate, bigotry, violence, cruelty or anything else that may reasonably constitute hate speech or infringe the rights of third parties;
- use the Digital Collectible in film, video or any other form except as expressly permitted in the License Agreement; or
- attempt to register trademarks, copyrights or acquire additional intellectual property rights on the Digital Collectible.
9. Data Protection / Privacy
In the event that the user breaches these Terms or the T&C of Purchase or other conditions that may be applicable depending on the services that the user has contracted, PLANETA will be empowered to take the measures it deems necessary, including the suspension of the contracted service or the temporary blocking or permanent deletion of the offending User’s Account automatically and without prior notice, and in no case will such suspension or cancellation entitle the offending User to any compensation whatsoever.
Likewise, PLANETA informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of current legislation or if it suspects that a crime has been committed on its Platform.
PLANETA reserves the right to suspend your access to or use of the Platform due to breach of these Terms, the T&C of Purchase or for any suspected fraudulent, abusive or illegal activity, and PLANETA may initiate any legal action we may be entitled to claim damages.
11. Risks, Value and Volatility
You understand and agree that your access to and use of the Platform is subject to certain risks including, but not limited to:
- The price and liquidity of collectible blockchain assets, including Digital Collectibles, are extremely volatile and subjective and may be subject to fluctuations;
- Collectible blockchain assets, including Digital Collectibles, have no inherent or intrinsic value;
- Fluctuations in the price of other digital assets could materially and adversely affect the value of its Digital Collectibles, which may also be subject to significant price volatility and the value of ETH;
- Digital Collectibles are not legal tenders and are not backed by any government
- Transactions involving Digital Collectibles may be irreversible and losses due to fraudulent or accidental transactions may not be recoverable, including accidental transactions where you provide incorrect Wallet addresses;
- The value of collectibles, including Digital Collectibles, are inherently subjective, and factors occurring outside of the Platform ecosystem may materially affect the value and desirability of any particular NFT;
- The value of Digital Collectibles may be derived from the continued willingness of market participants and, therefore, their value is subject to potential permanent or total loss of value in the event that the market for Digital Collectibles disappears;
- Digital Collectibles are subject to the risk of fraud, counterfeiting, cyber-attacks and other technological difficulties that may prevent access to or use of their Digital Collectibles
- Legislative and regulatory changes or actions may adversely affect the use, transfer and value of the Digital Collectibles;
- Your Wallet is under your full control and at your own risk, and the transfer of any Digital Collectibles to an incorrect Wallet address will result in the irreversible loss of such Digital Collectible.
Risks of virtual assets
There are risks associated with the use of a virtual asset, including, but not limited to, the risk of hardware, software and Internet connections, the risk that third parties may gain unauthorized access to information stored with your Wallet. You acknowledge and agree that we will not be responsible for any miscommunications, interruptions, errors, distortions or delays you may experience while using the Digital Collectibles or the Platform, regardless of the cause.
The regulatory regime governing blockchain technologies, virtual assets and tokens is uncertain, and new regulations or policies may significantly adversely affect the development of the Platform and, by extension, the use, transfer, value and potential utility of its Digital Collectibles.
Acceptance of responsibility
You understand and agree that you are solely responsible for determining the nature, potential value and suitability of these risks to you. PLANETA does not give any advice or recommendations with respect to the Digital Collectibles. You understand and agree that you access and use the Platform at your own risk. You understand and agree that PLANETA will not be liable for any communication failures, interruptions, errors or distortions that you may experience when using the Digital Collectibles or the Platform.
You agree that you are solely responsible for any taxes applicable to Digital Collectibles transactions and agree to pay any taxes and fees that now or in the future may be claimed by any governmental authority (collectively, "Taxes") associated with your use and transactions of Digital Collectibles. Neither PLANETA nor its affiliates or employees are responsible for determining the Taxes that may apply to your Digital Collectibles transactions.
13. Gas fees and Commissions
By purchasing a Digital Collectible on the Platform, you agree to pay all applicable fees, including so-called gas fees. Gas fees are the cost of the computational effort required to execute transactions on the blockchain (such as the sale of a Digital Collectible); such cost, which will be automatically deducted from your Wallet once you accept the transaction (there will be an estimate of gas fees prior to such acceptance). PLANETA will not receive any of this gas fees, but they will be transferred to the people who contribute to the Ethereum network (the so-called "miners").
On the other hand, in all secondary sales of Digital Collectibles on marketplaces (such as Opensea), PLANETA will automatically retain 10% as commission (plus 1% corresponding to the Platform's technical provider); please note that Opensea has its own commission system over which PLANETA has no control whatsoever. You authorize us to automatically deduct these commissions directly from your payments.
14. Liability Limits
You expressly agree that your access to and use of the Platform is at your own risk and you assume the inherent security risks of providing information and operating online via the Internet.
PLANETA will not be liable to you for any loss you may incur as a result of your use of the Platform, including but not limited to any loss or damage arising from (i) user error, such as forgotten passwords or improperly constructed smart contracts or other transactions; (ii) server failure or data loss; (iii) damaged e-wallet files; or (iv) unauthorized access or third party activities, including the use of viruses, phishing, brute-forcing or other means of attack against the Platform, PLANETA’s blockchain network, or against any e-wallet.
Digital Collectibles are intangible digital assets that exist solely by virtue of the ownership record maintained on the blockchain. All smart contracts, including any transfer of title that might occur in any single Digital Collectible, are conducted and occur in a decentralized registry. We cannot control or guarantee the proper use of smart contracts.
We are not responsible for losses due to blockchain or any electronic wallet, including, late reports by developers or representatives, including technical node problems or any other problems resulting in loss of funds.
You understand and agree that, to the extent legally permitted PLANETA, its subsidiaries, affiliates and licensors will not be liable to you or any third party for loss of profits or any indirect, incidental, special or punitive damages arising out of activities conducted on the Platform in accordance with these Terms.
15. Applicable law and jurisdiction
The relationship between PLANETA and the User will be governed by the Spanish legislation in force and any dispute will be submitted to the Courts and Tribunals of the User’s domicile. PLANETA will prosecute the breach of these Terms, as well as any misuse of the website exercising all civil and criminal actions that may correspond to it and are in law.