Terms of Service
1. Welcome
IMPORTANT NOTICE: You must read these Terms carefully. They include an arbitration clause and critical details about your legal standing, recourse, and duties. By using our service, you agree to:
- Settle any disputes with Pxltunz through arbitration rather than in court, except in very limited circumstances.
- Bring any claims against us individually, not as part of a group, class, or representative action.
- Seek any form of relief (be it money, injunctions, or judgments) for yourself alone.
- Note that most legal claims against Pxltunz will not involve jury trials or standard court proceedings but will be handled via arbitration.
Acceptance of Terms
These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of the Platform, including any content, functionality, and services offered on the Platform and constitute a legally binding agreement between you and Pxltunz. By using the Platform, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. By agreeing to these Terms, you represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country;
- You are not listed on any U.S. Government list of prohibited or restricted parties; and
- You are at least 18 years of age.
Modifications of the Terms
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. If the change is significant then we will also notify you, either through the Platform user interface, in an email notification (to the extent we have such information) or through other reasonable means, as we may determine. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms.
What is Pxltunz?
The Pxltunz Platform. Pxltunz operates a platform to connect artists and music rightsholders ("Artists") with Users. The Platform provides tools and services to Artists to mint and sell to Users, non-fungible Solana and Telos-based tokens ("Pxltunz NFTs") that relate to the Artist's select sound recordings ("Audio Content") and associated artwork.
Your Pxltunz Account
Account Creation. Anyone can browse the Platform and play Audio Content without signing into the Platform, but you may need to sign in and create an account with Pxltunz to access certain features, such as purchasing Pxltunz NFTs or registering as an Artist.
Ownership
Pxltunz Content. Unless otherwise indicated in writing by us, the Platform, all content, and all other materials contained therein, including, without limitation, the Pxltunz logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Pxltunz Content") are the property of Pxltunz or our affiliates, licensors, or users, as applicable.
Reporting Infringements
Apart from the Pxltunz Content, all other trademarks, product names, logos, and copyright material on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable rights holder.
Privacy
You acknowledge the collection, use, and disclosure of your personal information in accordance with Pxltunz's Privacy Policy, which is incorporated into these Terms by reference.
Risks
Please note the following risks in accessing or using Pxltunz:
- The price and liquidity of blockchain assets, including Pxltunz NFTs, are extremely volatile and may be subject to large fluctuations.
- Fluctuations in the price of other digital assets could materially and adversely affect Pxltunz NFTs, which may also be subject to significant price volatility.
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Pxltunz NFTs.
Third Party Sites
The Platform may contain hyperlinks to third-party websites or applications (collectively, "Third Party Sites"). Pxltunz does not own or control Third Party Sites.
Removal
If Pxltunz considers it reasonably necessary to mitigate the risk of infringement, or to avoid incurring or sustaining any reputational, legal, or financial liability, Pxltunz may take any action it deems necessary or desirable in respect of the Pxltunz NFTs, including, but not limited to:
- Ceasing the sale or issuance of the Pxltunz NFTs,
- Removing or procuring the removal of the Pxltunz NFTs from listings on the Platform and/or other platforms and channels (to the extent practicable),
- Removing, taking down, and withdrawing the Audio Content and associated Artwork,
- Scrambling, obfuscating, and/or unpinning the links to the Audio Content and Artwork associated with the Pxltunz NFT.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PXLTUNZ, THE PLATFORM, PXLTUNZ CONTENT CONTAINED THEREIN, AND PXLTUNZ NFTS LISTED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.