BY CLICKING TO ACCEPT AND/OR USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.
Welcome to Atlanten!
The platform https://atlanten.io, all its functions and services, our website(s), and mobile application/app (jointly the “Platform”) are operated by Atlanten Metaverse AB, org. nr. 559361-3937 (“Atlanten”, “we”, “us”, or “our”).
“NFT” means, in these Terms, a non-fungible token or similar digital item implemented on a blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.
In these Terms, “user”, “you”, and “your” means you as the user of the Platform. If you use the Platform on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.
1. Accessing the Platform
In order to access the Platform, you need to register an account on the Platform (the “Account”). You will need to enter certain mandatory information and you will be given the opportunity to add additional voluntary information. You will also have to validate your identity when setting up the Account.
We require you to be at least legal age in your country of residence and that you are not under any disability, restriction, or prohibition, whether contractual or otherwise with respect to your right to enter into binding agreements.
You guarantee that the information you provide when setting up your Account is accurate and complete. You are responsible for all activity on your Account, and for keeping your password and other credentials confidential. Your Account is personal and may not be used by anyone but you.
You may not collude with or otherwise act in association or conjunction with others in order to circumvent or to attempt to circumvent these Terms or to manipulate the price of a WAVE/NFT.
If you discover any security issues related to the Platform or your Account you shall immediately contact us at [email protected].
If we discover, in our sole discretion, that you do not comply with what is stated above, or otherwise is in breach of these Terms, we may suspend or deny your access to the Platform.
2. Grab a WAVE!
A “WAVE” is a unique digital item/collectible including an underlying WAVE issued by us or our licensors. The NFT ensures the scarcity and authenticity of the WAVE.
A WAVE may entitle the owner certain benefits and rights in addition to just owning the WAVE. The specific benefits and rights associated with each WAVE are made available in connection with the initial issuance and sale of the WAVE.
The specific benefits and rights associated with each WAVE are in each case subject to the availability of such benefit (e.g., a benefit giving the WAVE owner an admittance discount to certain events is subject to an event actually taking place).
When you purchase a WAVE you become the owner to the underlying WAVE.
3. Wallets and payments
In order for you to be able to make a payment in connection with our Platform we have partnered with Intergiro Intl AB (publ), company no: 556965-3537. By making a payment in connection with our Platform you accept Intergiro Intl AB:s (publ) terms and conditions as a payment service provider(https://www.intergiro.com/psp-terms-and-conditions).
In order to process a payment Intergiro Intl AB:s (publ) may require additional information in order to verify your identity and confirm the transaction.
We shall have no responsibility for the Wallet, its availability, functionality or otherwise (such responsibility will always lay with the wallet provider). You are responsible for keeping your Wallet secure and we do not assume any liability for your Wallet being compromised.
Regardless how you chose to pay for a WAVE we will store your WAVE in our database. At the moment you will not be able to transfer a WAVE to your Wallet. You will only be able to transfer and sell a WAVE's in our marketplace to other users of our Platform.
You acknowledge and agree that due to the nature of blockchain technology, once a transaction has been processed, the associated transaction data will be irreversibly associated with the relevant WAVE/NFT and documented on the blockchain.
4. Development of the Platform
Because we continuously develop our Platform, we sometimes need to provide additional terms for specific services (and such services are deemed part of the Platform and shall also be subject to these Terms). Those additional terms and conditions, which will be made available on our Platform in connection with the relevant service, will become part of your agreement with when you use the new service or function. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall have precedence for that specific service, unless otherwise specifically stated in such terms.
5. Changes to the Terms or the Platform
We reserve the right in, as far as allowed by mandatory law, our sole discretion to, at any time, modify, suspend, or discontinue, temporarily or permanently, the Platform (or any features or parts thereof). E.g., changes to the Platform may be necessary in order to adapt the Platform to new technical environments or to an increased number of users, or for other important operational reasons.
Functions, content, and services that were available on the Platform when you created your Account may therefore change or be canceled during your time as a user. Additional functions, content and services that were not available when you created your Account may also be added.
We also reserve the right to make changes to or adjust these Terms at any time and in our sole discretion. Such changes will be effective immediately when we post a revised version of these Terms on the Platform. You should therefore regularly visit and read our various terms and policies, which are available on our Platform.
If we make material changes to the Terms, which are to your obvious disadvantage, we will notify you of such changes through the Platform.
If you do not accept the changed Terms, you may always stop using our Platform and/or delete your Account with us.
6. Initial sales of WAVE's
When a WAVE is issued and released for the first time, it will be offered for purchase on our Platform. All WAVE's are listed for sale with the consent of the rightsholder of the intellectual property connected to the WAVE (the “Rightsholder”).
A WAVE may be subject to specific terms and conditions (“Purchase Terms”). The Purchase Terms may contain provisions on benefits and rights associated with the WAVE as well as restrictions in your use of the WAVE.
Information regarding the Rightsholder and the party selling the WAVE will be made available in connection with the offer to purchase the WAVE.
The Purchase Terms are made available in connection with the offer to purchase the WAVE. You are solely responsible for reviewing the Purchase Terms prior to purchasing a WAVE.
If, when purchasing a WAVE via the Platform, you are considered a consumer according to the Swedish act “The Act on Distance Contracts and Off-Premises Contracts” (sw. lagen (2005:59) om distansavtal och avtal utanför affärslokaler) (the “Act”) the Act (2005:59), you may have a right of withdrawal which can be exercised within fourteen (14) days after entering into the purchase agreement.
Because of the digital nature of a WAVE and the immediate delivery of the WAVE after a purchase, you will, in connection with your acquisition of a WAVE, be asked 1) to consent to the delivery of the WAVE before the expiry of your withdrawal period and 2) to waive your right to exercise the right of withdrawal, which means that may not cancel the purchase and/or get your money back.
After a completed purchase, you will receive a confirmation via e-mail of your purchase of the WAVE as well as your agreement and information that you have waived your right to cancel the purchase.
7. Where can I trade my WAVE's?
Initially, and until you are informed otherwise by us, you will only be able to trade a WAVE on our marketplace on the Platform. You will not be able to transfer or trade your WAVE on any other WAVE trading platform other than our marketplace. If you wish to transfer your WAVE to your Wallet, please contact us at [email protected] and we will assist you. The transfer of a WAVE to your Wallet may affect your access to certain benefits associated with the WAVE you wish to transfer. This is due to the fact that the access to certain benefits require that the WAVE is stored in our database.
and we will assist you. The transfer of a WAVE to your Wallet may affect your access to certain benefits associated with the WAVE you wish to transfer. This is due to the fact that the access to certain benefits require that the WAVE is stored in our database.
You hereby acknowledge and understand the limitation set forth above with regards to your possibility to transfer and sell WAVE's.
Our marketplace is where you buy, sell, or transfer your WAVE's to other users of the Platform.
When a WAVE is traded on our Platform a transfer fee will be charged. Information regarding the transfer fee is programmed into the WAVE and is also given in conjunction with the initial sale of the WAVE and on our marketplace. You have full responsibility for verifying the identity, legitimacy, and authenticity of WAVE's/NFTs that you purchase on our marketplace, and we make no claims about the identity, legitimacy, functionality, or authenticity of users or WAVE's/NFTs (and any content associated with such WAVE's/NFTs) visible on the Platform.
It should also be noted that sales of WAVE's on our marketplace may be subject to fees charged either by the buyer, seller or the Rightsholder (as specified on the marketplace as well as in connection with the initial release of the WAVE).
We shall not be held liable for damages caused by a sale, or an act done by the parties involved in a sale/transaction of an NFT/WAVE on our marketplace or otherwise. Any potential claim must be addressed by the parties involved in such transaction, which we are not.
Please be aware that the sale of a digital object such as an WAVE may be subject to taxation, especially if the digital object is sold at a price higher than the price you paid for it. We do not assume any liability for any tax consequences which may arise due to sales and/or transfer of WAVE's/WAVES on the Platform.
9. Warranty etc.
You represent and warrant that you will comply with these Terms in all aspects and with all applicable laws (including money laundering regulations) when using the Platform and the Service.
You acknowledge and agree that you have the sole responsibility to examine all information concerning your purchase of a WAVE, and any of your decisions based upon such information are your sole responsibility.
10.Availability of the Platform
We will of course make all reasonable efforts to keep the Platform operational. However, certain technical difficulties or maintenance may, from time to time, result in interruptions in your use and access to the Platform. Interruptions may occur for any of several reasons, such as malfunction of equipment, maintenance, updating of the Platform, or due to other reasons. Such interruptions shall not lead to any liability for us.
You are hereby granted a non-exclusive, non-transferable, non-sublicensable, limited, and personal license to access and use the Platform. Your license is subject to you complying in all aspects with these Terms.
You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Platform or any part thereof and you may not sell, distribute, or sublicense the Platform to anyone. You may not try to circumvent any security measure or technology we use to keep the Platform safe.
12. Proprietary rights
All rights relating to the Platform and its functions and services, including, but not limited to, patents, copyrights, designs, trademarks, Atlanten’s logo, trade secrets and its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts) are the proprietary property of Atlanten or our affiliates, licensors.
You shall not have the right to use any of our, our affiliates’, or licensors’ intellectual property rights or other rights for any purpose, unless explicitly stated in these Terms.
13. Third-Party Content and Services
The Platform may contain links redirecting to third-party sites and applications. Such sites and applications may display, include, or make available content, data, information, services, applications, or materials from third parties.
When you access such third-party sites, applications, or information you need to be aware that you are subject to the terms and conditions of another website or destination which we do not control. We are not responsible or liable for any third-party websites, third-party applications, and third-party information.
14.Disclaimer and limitation of liability
The Service and the Platform is provided “as is” and “as available” without any warranty, guarantee or representation of any kind, including, but not limited to any warranty of merchantability, fitness for a particular purpose, function, title, availability, security, or non-infringement.The specific benefits and rights associated with each WAVE are in each case subject to the availability of such benefit.
We will not be responsible or liable for any loss related to, and we take no responsibility for, third-party services and/or products, such as wallet providers or third-party software provider.
To the fullest extent permitted by law, in no event will we, our service providers or our directors, employees or agents be liable to you or any third party for any direct or indirect damage, including lost profit or lost data or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Platform.
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Atlanten, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable attorneys’ fees and expenses), and other costs, that are caused by, arise out of or are related to (a) your use or misuse of the Platform or (b) your violation or breach of any term of these Terms or applicable law, and (c) your violation of the rights of or obligations to a third-party, including another user or third-party, and (d) your negligence or willful misconduct.
You agree to promptly notify us of any Claims and cooperate with the us in defending such Claims. You further agree that we shall have full and exclusive control of the defense or settlement of any Claims.
The two sections above shall apply, to the greatest extent permitted by law, to the benefit of us, our service providers or our directors, employees, or agents.
16.Inherent Risk in Trading with NFTs
You accept and acknowledge that there is an inherent risk in buying, selling, and exchanging WAVE's. We listed some of the risk below:
The value of an NFTs is subjective and the price of an NFT are subject to fluctuations in the price of cryptocurrencies. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money when trading NFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain. New regulations or policies may materially adversely affect the development of the Service and purpose and usefulness of WAVE's.
We do not control the public blockchains that you are interacting with, and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains.
Blockchain transactions are irreversible.
18.Governing Law and Disputes
These Terms and your access to the Platform shall be governed by and construed in accordance with the laws of Sweden, without giving regard to its principles of conflicts of laws. If you are a consumer and have your habitual residence in the EU, you may enjoy additional protection under mandatory consumer protection laws in your country of residence.
As far as allowed in accordance with mandatory law, the parties agree that any dispute arising out of your use of the Platform or from these Terms shall be settled by the general courts in Sweden with the district court in Gothenburg as the first instance.
A consumer may use the alternative dispute resolution process provided by the Swedish General Complaints Board (Sw. Allmänna reklamationsnämnden), Box 174, 101 23 Stockholm, Sweden, www.arn.se or an equivalent institution available in your country of residence.
We may at any time, for any reason and in its sole discretion and without notice, suspend, disable, terminate, or delete your Account and/or your ability to access or use the Platform and you acknowledge and agree that we shall have no liability or obligation to you in such event.
However, in case of suspension/disablement of your Account, we will provide you with the opportunity to withdraw your WAVE's/NFTs as soon as we have the technical possibility to do so.
If any term or provision of these Terms is held to be illegal, in whole or in part, such term, provision or part shall to that extent be deemed not to form part of these Terms but the enforceability of the remainder of these Terms shall not be affected.
These Terms constitute the entire agreement between you and us relating to your access to and use of the Platform. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you without the prior written consent of us, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We shall have the right to transfer our agreement with you and our rights and obligations under these Terms to a third party without your prior consent.
The failure of us to insist on adherence to any term of these Terms shall not be considered a waiver of any right, nor shall it deprive us of the right thereafter to insist on the adherence to that term or any other terms of these Terms.
The Platform is operated by us in Sweden. If you choose to access the Platform from a location outside Sweden you do so at your own initiative and you are responsible for compliance with applicable local laws.