Terms of Sale
Last Updated: 6/1/2022
These Terms of Sale apply to the purchase and sale of goods and services from Streaming Rat Solutions, LLC (“Company”, or “we,” “us” or “our”) through its websites, mobile applications, television device applications or any other software provided by Company that link to or reference these Terms (collectively, the “Services”) . By purchasing any good or service from the Company, you accept and are bound by these Terms of Sale. Please read them carefully. You may wish to print or save a local copy of the Terms for your records.
1. Prices and Payment Terms
All prices posted regarding our Services are determined by Company in its sole discretion and are subject to change without notice. We strive to display accurate price information. Should we make any inadvertent errors, inaccuracies, or omissions related to pricing and availability, we reserve the right to correct any such errors, inaccuracies, or omissions arising from such occurrences. We also reserve the right to cancel any purchases arising from any such occurrences.
Terms of payment are within our sole discretion. Purchases may be made using the currencies (including cryptocurrencies) that we elect to accept. The currencies we elect to accept are subject to change at any time. You represent and warrant that the payment method you supply to use is (i) true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, and (iii) charges incurred by you will be honored. Any cryptocurrency payments that you engage on or through the Services will be conducted through one or more blockchain networks.
Our Services may allow you to purchase non-fungible tokens (“NFTs”), each of which links to, and identifies, an associated digital work. “Associated digital work” means any art, graphics, images, videos, designs, logos, taglines, drawings, sounds, and texts that are represented as the NFT. Each NFT sold by Company has a unique identification code. The NFTs are stored on the blockchain. However, Company may store some of the associated digital work off the blockchain. You acknowledge that you will solely bear all risk of acquiring, holding, using, and transferring any purchased NFTs. You further acknowledge that any purchases, transfers, and sales of NFTs will be entirely at your own risk. Company is not responsible for determining the taxes that apply to your purchase of NFTs. You are solely responsible for all taxes that apply in connection with the purchase of any NFT through the Services.
2. No Returns or Refunds.
All sales made on or through the Services are final. Company does not offer refunds for any purchases and Company does not accept returns of any purchases.
As all purchases, transfers, and sales made using cryptocurrencies via the Services are conducted through a public blockchain network, Company has no control over these transactions. As such, it is impossible for us to reverse any cryptocurrency payment or transaction.
3. Intellectual Property Ownership, Licenses, and Restrictions
You acknowledge and agree that Company owns all rights, title, and interest in and to any artwork, designs, drawings, labels, logos, photographs, trademarks, trade dress, copyright, recipes, formulas, and all other creative materials that may be associated with any NFT that you purchase via the Services (collectively, the “Creative Materials”). You acknowledge that your purchase of an NFT does not provide you with ownership or right in the Creative Materials associated with the NFT or any intellectual property right relating thereto. The Company retains all such rights and ownership.
When you purchase an NFT via the Services, you will receive:
- Ownership in the NFT itself. This includes a non-exclusive, personal, limited license to display the Creative Materials associated with the NFT solely for your personal, non-commercial purposes or in connection with a proposed transfer of the purchased NFT (the “License”); and
- The right to further transfer the NFT.
You will receive no further rights to the purchased NFT or associated Creative Materials other than those rights specifically outlined above. Without limiting the above License, you acknowledge you may not:
- Modify any of the Creative Materials or use them in any other work in any other way, including in the creation of any other NFT;
- Use any of the Creative Materials in connection with any commercial activity;
- Use any of the Creative Materials in a manner that would constitute endorsement of a third party, entity, or product or to advertise any product or service;
- Grant any third party the right to use the Creative Materials;
- Contest the Company’s ownership of the Creative Materials; or
- Seek trademark, copyright, or any other intellectual property protection in any of the Creative Materials.
Your use of your purchased NFT and associated Creative Materials in any other way other than those provided for in these Terms of Sale will constitute a breach of these Terms of Sale and an infringement of Company’s intellectual property rights. Such unauthorized use will immediately terminate the License and, in such a case, Company will have all remedies available to it at law and equity.
4. Subsequent Sales of Purchased NFTs to Third Parties
You have the right to further transfer to a third party any NFT you purchase via the Services. The License outlined in Section 3 follows the NFT. Therefore, your ability to display the Creative Materials associated with the NFT will automatically terminate upon a transfer of the NFT to a third party. All subsequent owners of your purchased NFT will be bound by these Terms of Sale. Prior to transfer, you will notify the third party of these Terms of Sale and acquire the third party’s acknowledgment and acceptance of said Terms. The License will not be granted to any third party purchaser of your NFT until they acknowledge and accept these Terms of Sale.
5. Warranties and Disclaimers
THERE IS NO WARRANTY FOR ANY NFTS OR OTHER GOODS AND SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING, COMPANY PROVIDES THE NFTS AND OTHER GOODS AND SERVICES “AS IS” WITHOUT WARRANT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
6. Assumption of Risk
You acknowledge there are inherent risks with NFTs. For instance, the prices of NFTs can be extremely volatile and subjective. There is no guarantee that NFTs sold via the Services will retain any value. NFTs are not securities or financial instruments and are not offered for investment purposes. Further, NFTs are subject to developing laws and regulations throughout the world. You accept and acknowledge that Company will not be responsible for any risk associated with your NFT, including transactions relating to the sale of your purchased NFTs with third parties in the so-called “secondary market”. You acknowledge that you will solely bear all risk of acquiring, holding, using, and transferring any purchased NFTs and that any purchases, transfers, and sales of NFTs will be entirely at your own risk.
7. Information About You and Your Visits to the Services
8. Entire Agreement
9. Your Comments and Concerns
All feedback, comments, and all other communications should be directed to Company at email@example.com. Alternatively, you can write to us at:
Streaming Rat Solutions, LLC P.O. Box 271 Narberth, Pennsylvania 19072