The following Terms and Conditions (“T&C”) govern the sale of Digital Avatars (“Digital Avatar”) by Interverse B.V., a limited liability company incorporated under the laws of the Netherlands, with its statutory seat in Gouda, the Netherlands (“Company”). Please read these terms and conditions carefully before purchasing any digital avatars from our platform. By making a purchase, you agree to be bound by the following terms and conditions:
1.1. “Digital Avatar” refers to a virtual representation of an individual or character that can be used in various digital platforms, including but not limited to video games, social media, and virtual reality applications.
1.2. “Platform” refers to the online platform or website through which the digital avatars are made available for purchase.
1.3. “User” refers to any individual who accesses the platform, including those who purchase digital avatars.
1.4. “Purchase” refers to the acquisition of a digital avatar from the platform in exchange for consideration, such as payment.
- Ownership and License
2.1. When you purchase a Digital Avatar, you acquire ownership of the Digital Avatar. However, ownership of the Digital Avatar does not confer any intellectual property rights or copyright ownership of the underlying content.
2.2 The purchase grants you a limited, non-exclusive, non-transferable license to use the digital avatar for personal, non-commercial purposes.
2.3. The creator of the Digital Avatar retains all intellectual property rights, including copyright, unless otherwise specified. You may only use the Digital Avatar in accordance with the license granted by the creator or as permitted by applicable law.
- Purchase Process
3.1. To purchase a digital avatar, you must create an account on the platform and provide accurate and complete information as requested during the registration process.
3.2. You are responsible for maintaining the confidentiality of your account credentials, and you agree to accept responsibility for all activities that occur under your account.
3.3. The purchase price for each digital avatar will be clearly indicated on the platform. All prices are subject to change without prior notice.
3.4. Payment for the digital avatar must be made through the available payment methods provided on the platform. You agree to provide accurate and valid payment information and authorize the platform to charge the specified amount.
- Delivery and Access
4.1. Upon successful completion of the purchase process and receipt of payment, the platform will provide you with access to download or otherwise obtain the digital avatar.
4.2. The platform will make reasonable efforts to ensure that the digital avatar is accessible and available for download or use. However, the platform does not guarantee uninterrupted or error-free access and shall not be liable for any interruptions, delays, or technical issues beyond its reasonable control.
- Refunds and Exchanges
5.1. All purchases of digital avatars are final. The platform does not offer refunds or exchanges, except as required by applicable law or at its sole discretion.
5.2. If you encounter any issues with the digital avatar, such as technical defects or missing features, you may contact the platform’s customer support within a reasonable time from the date of purchase. The platform will evaluate the issue and may provide a replacement or alternative solution at its discretion.
- Prohibited Uses
6.1. You agree not to use the digital avatar for any unlawful, fraudulent, or unauthorized purposes. You shall comply with all applicable laws, regulations, and third-party rights when using the digital avatar.
6.2. Any unauthorized use or distribution of the digital avatar may result in the termination of your license and may subject you to legal consequences.
- Limitation of Liability
7.1. To the maximum extent permitted by law, the platform and its affiliates, directors, officers, employees, and licensors shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the purchase, use, or inability to use the digital avatar.
7.2. The platform’s liability for any claim related to the purchase of the digital avatar shall be limited to the amount you paid for the digital avatar.
- Force Majeure
8.1. Company is not liable for failure to perform caused by: (i) unavoidable casualty, (ii) delays in delivery of materials, (iii) embargoes, (iv) government orders, (v) acts of civil or military authorities, (vi) acts by common carriers, (vii) emergency conditions (including weather conditions), or (viii) any similar unforeseen event that renders performance commercially implausible.
- Modifications and Termination
9.1. The platform reserves the right to modify or terminate the availability of any digital avatar on the platform at any time without prior notice.
9.2. The platform may also update or modify these terms and conditions from time to time. You will be notified of any material changes, and your continued use of the digital avatar after such notification constitutes your acceptance of the modified terms and conditions.
- Governing Law and Jurisdiction
10.1. These terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
- Entire Agreement
11.1. These terms and conditions constitute the entire agreement between you and the platform regarding the purchase and use of digital avatars, superseding any prior agreements or understandings, whether written or oral.
By proceeding with the purchase of a digital avatar, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree to these terms and conditions, please refrain from making any purchases.