Terms of Service

Blockvatar’s terms of service. Last updated April 1, 2022.

These terms and services (“Terms”) apply to the use of Blockvatar’s services (“the Service”) and website (“the Site”), provided by Blockvatar (blockvatar.com). Questions about these Terms of Service may be submitted to [email protected].‍ The Service allows the user to use Blockvatar’s website and services, minting, browsing and owning a Blockvatar. Users are entirely responsible for the safety and management of their own private crypto wallets and validating all transactions and contracts generated by this website before approval. Blockvatar’s smart contract runs on the Polygon blockchain with no ability to undo, reverse, or restore any transactions.

You agree to be bound by these Terms of Service and you confirm that you are over the age of 13. If you are under the age of 18, consent must be obtained from the patient’s parent or legal guardian before accessing the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Connecting Your Wallet

Connected Content

You hereby authorize Blockvatar to receive and/or access any and all information from your Wallet or Third Party account necessary for us to provide the functionality of the interface and the Service. You represent that you are entitled to grant us access to your Wallet or third-party account (including, but not limited to, for use for the purpose described herein) without breach by you of any of the Terms that govern your use of the Wallet or such third-party account. By granting Blockvatar access to your Wallet or third-party account, you understand that Blockvatar may access and make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Blockvatar’s content, or personal financial data that you have provided to and stored in your Wallet or third-party account, as applicable (collectively, the “Connected Content”), so that it is available on and through the Blockvatar via your Wallet of Third-Party account.

Acceptable Use

You undertake that you will use the Service in accordance with applicable law and regulations, and in accordance with these Terms of Service.‍ You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Blockvatar services. You agree not to reproduce, duplicate, copy, sell, resell or in any other way exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by us. You must not upload, post, host, or transmit unsolicited emails, SMS, or "spam" messages.

Blockvatars

Blockvatar is a globally unique CC0 NFT avatar on the Polygon blockchain. Every Blockvatar is unique and randomly generated from billions of different trait combinations. There are three core types of Blockvatar: Common, Rare, Super Rare. Rare and Super Rare Blockvatars can only be acquired through minting. Each core type has sets (or themes) with unique traits of background color, body color, head, eyes, mouth, outfit and item for each type. There will also be seasonal and special occasion Blockvatars of different types and mechanics that are only available at a certain period of time.

Note that we may update or modify the mechanics and properties of Blockvatar from time to time to improve the overall experience.

Claiming and Minting Blockvatar

Every wallet address is entitled to claim one randomly generated free Blockvatar of Common rarity and to purchase (or “mint”) more than one randomly generated Blockvatars of different rarities.

You may claim one free Blockvatar per wallet address by following the instructions as listed on the Site and send a tweet when claiming your free Blockvatar, we will verify your tweet and airdrop you a randomly generated unique Blockvatar of Common rarity.

Once you have claimed a free Blockvatar with the method above, you can no longer claim another free Blockvatar. However, you may initiate a purchase of a Blockvatar by selecting “Mint” on the Site after successfully connecting your wallet. Purchasing or minting a Blockvatar grants you chances of obtaining Blockvatars of different rarities. You may mint as many Blockvatars as you like. The required fees to mint a Blockvatar is as stated on the Site and we may update the fees anytime without notifying you.

All purchases and free claims effectuated through the Site are final and non-refundable. Purchases may be made by using one or more cryptocurrencies that we may elect to accept from time to time. We retain the right in our discretion to limit the dollar (or equivalent in other currencies) amount and number of any transactions on the Site. You acknowledge and agree that all transactions effectuated through the Site are publicly visible on the blockchain when made.

All sales are final and we do not guarantee that all interested buyers will be able to purchase a Blockvatar before they are sold out. We disclaim all liability in connection with the purchase of any Blockvatar. It is your responsibility to ensure that your purchase of any Blockvatar has been completed. We reserve the right to terminate or end the initial sale of Blockvatar at any time.

You are responsible for all payments, fees and costs when engaging in any transactions involving Blockvatars, including, without limitation, the purchase price, transaction fees (e.g., “gas” fees) and all other fees associated with your use of the Service or the services of Third Party Vendors, including but not limited to purchasing, trading a Blockvatar. You also are solely responsible for payment of all national, federal, state, local or other taxes of any jurisdiction, of whatever nature whether now in effect or imposed in the future by any national federal, state, local, international or any other governmental authority or taxing jurisdiction, including, without limitation, any income, sales, use, value-added (VAT), goods and services and other taxes and duties associated with your use of the Service, the services of Third Party Vendors, and your purchase of Blockvatar from any party. You are solely responsible for any tax reporting for transactions in which you may be a seller of Blockvatar.

Licensing of Blockvatars

All Blockvatars, unless stated otherwise, are released under the public domain, CC0 license. You are free to use Blockvatars in any way you want: for personal or commercial purposes. You don’t need our permission but it will be great if you can give us some attribution!

Routines for Planned Maintenance

Certain types of Service maintenance may imply a stop or reduction in the availability of the Service. We do not warrant any level of Service availability but will provide its best effort to limit the impact of any planned maintenance on the availability of the Service.

Liability and Damages

Nothing within these Terms of Service is intended to limit your statutory data privacy rights as a data subject, as described in the Blockvatar’s Privacy Policy.‍ You acknowledge that errors might occur from time to time and waive any right to claim for compensation as a result of errors in the Service. When an error occurs, you shall notify Blockvatar of the error and provide a description of the error situation.

You agree to indemnify Blockvatar for any loss, including indirect loss, arising out of or in connection with your use of the Service or violations of these Terms of Service. Blockvatar shall not be held liable for, and does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that (v) any errors in the Service will be corrected.

You accept that this is a Service provided to you without any payment and hence you accept that Blockvatar will not be held responsible, or liable, for any breaches of these Terms of Service or any loss connected to your use of the Service. Unless otherwise follows from mandatory law, Blockvatar will not accept any such responsibility or liability.

Transfer of Rights

Blockvatar is entitled to transfer its rights and obligation pursuant to these Terms of Service to a third party as part of a merger or acquisition process or as a result of other organizational changes.

Third Party Services

To the extent the Service facilitates access to services provided by a third party, you agree to comply with the terms governing such third party services. Blockvatar shall not be held liable for any errors, omissions, inaccuracies, etc. related to such third party services.

Privacy Policy

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

Change of Terms

Blockvatar may update and change the Terms of Service from time to time. Blockvatar will seek to notify you about significant changes before such changes come into force and give you the possibility to evaluate the effects of proposed changes. Any changes to the Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your acceptance of such changes.