CULT1VATE Platform Terms of Services

Last Updated: October 20, 2022

Born from the Metaverse and gaming and crypto culture, ATRA Group, LLC doing business as Cult1vate (hereinafter “CULT1VATE” or “we”) facilitates and enables artists in building the future of fashion and collectibles. Read these Terms of Service (“Terms”) carefully.

These Terms govern any access or use of the website at www.Cult1vate.com, and any other web site, mobile application, marketplace or application program interface operated or made available by CULT1VATE (the “Platform”) as well as any services provided on or through the Platform (“Services”). By using our Services, you agree to these Terms, including Section 20 which contains a class action waiver and a mandatory arbitration provision that waives your right to sue in court or have a jury trial. If you do not agree to these Terms, do not use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

• Services and Digital Collectibles

Services as used herein includes any services, features and functionality of the Platform related to the purchase or sale of any blockchain-based, cryptographic nonfungible token (“NFT”) which, together with the license rights to any associated digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available (“Related Content”), comprises and is referred to herein as a “Digital Collectible”. The terms of your license to the Related Content and other terms applicable to the Digital Collectible will be presented to you at the time of purchase and a link to those terms will be embedded in the Digital Collectible’s metadata (“Digital Collectible Terms”).

Additionally, certain Services may be made available exclusively to the owner of a particular Digital Collectible. You may be required to demonstrate ownership of the applicable Digital Collectible in order to access these Services. Without limiting any other right to terminate or suspend Services under these Terms, we may terminate your access or use of these Services in the event that you transfer the applicable Digital Collectible to someone else.

Any digital works of authorship or other content made available through the Platform to an owner of a Digital Collectible that is intended as an “Additional Benefit” (as that term is defined in the Digital Collectible Terms) will be identified as such on the Platform or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any license presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. Any other digital works of authorship and other content made available through the Platform is part of the Services and no license rights are granted to you with respect to any such content. None of CULT1VATE or any third party has any obligation to provide any Additional Benefit and none of CULT1VATE or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.

• Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy available at our website.

• Eligibility

In order to use our Services, you must meet the following eligibility criteria:

• You must not be located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country.
• You must not be listed on any United States government list of prohibited or restricted parties.
• You must be at least 13 years of age.

If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, both you and the person or entity agree to be responsible to us.

• Your User Account and Account Security

In the event CULT1VATE allows you to create an account now or in the future. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. You are responsible for the activities of any users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

Access to your account is limited solely to you. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission.