1. Definitions
Company (the)
Vertikal LLC, (CHE-456.008.300), c/o F Trust AG, Bahnhofplatz, 6300 Zug, Switzerland. The Company is not and a regulated entity by the FINMA or any other authorities;
Intellectual Property Rights
Copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered;
Newsletter(s)
Newsletter as depicted on the Website;
Privacy Policy
The Privacy Policy as attached in the present document and on the Website. The Privacy Policy is an appendix and an integral part of the present contract. Link: www.vertikal.art/vertikal-metaverse-privacy-policy-v2;
Terms of Use (TOU)
The present document and its appendix. Link: www.vertikal.art/vertikal-metaverse-terms-of-use-v2.
Third-Party
Any legal or natural person who is not a User;
User or You(r)
A natural person or entity using the Website;
Vertikal
See (the) Company when not specified or implied otherwise;
Website (the)
www.vertikal.art including all its affiliated domains; including but limited to vertikal.art, vertikalmetaverse.com, vertikal-metaverse.com, vk.fish and vertikal.eth;
Website Owner
See (the) Company;
2. Acceptation of the TOU
By browsing the Website, by subscribing to our Newsletter(s) and/or by contacting us, you acknowledge that you have read and understood these TOU and agree to be bound by them and to comply with these terms and all applicable laws and regulations.
If you do not agree with these terms, you should refrain from using the Website. You tacitly consent to be bound to the TOU by browsing and visiting the Website. Further, an explicit form of consent is given when you tick the box in the pop-up window which appears upon your visit. Any other form of consent is possible and reserved.
By giving your consent, you confirm that your level of English is sufficient to understand the meaning of these TOU as well as all the commitments, warranties, waivers and obligations contained therein.
3. Scope of application
3.1 Material
The present TOU relate exclusively to the Vertikal project, as presented on the Website and the other affiliated websites linked or redirecting to it.
The Website Owner manages the Vertikal project’s Website(s). The special provisions of the other services provided by the Company, or the other websites, or other legal entities of the Vertikal ecosystem, or any Third-Party be it a service provider or not, are expressly reserved.
These TOU, including any legal notices and disclaimers contained on this Website, constitutes the entire agreement between You and the Website Owner in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same Parties.
3.2 Personal
The Website is intended for users who are at least 18 years of age and who have the capacity to act.
All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these TOU prior to you using the Website.
3.3 Geographical
The Website and its content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.
The Company does not target Users in any countries where it may require an authorization for its activities.
4. Applicable law & Jurisdiction
These TOU are governed by and construed in accordance with Swiss law.
The Swiss Court and the Courts of the city of Geneva (GE) Switzerland are exclusively competent for the resolution of any disputes in relation with the TOU and the use of the Website.
5. Services
5.1 Browsing & Surfing
The Website’s TOU contained shall govern your use of this Website, including all pages within this Website and its affiliated website if any.
The Website only aims to promote the services provided on it. It describes the products and services provided by the Company and the Vertikal project in general. Users have the possibility to discover the team, the projects and the vision of the Company through several documents.
5.2 Newsletter
Users have the possibility to subscribe expressly to several Newsletters.
The subscription can be revoked at any time following the relevant link or by contacting the Website Owner. The User supports the eventual consequence of a non-subscription or a revocation.
The Website Owner does not warrant that the information presented in the Newsletter are complete, correct or precise. The content of the Newsletter serves mainly an information purpose.
5.3 Other services
The Website allows the Company and Third-Party to promote its products, services, offers and content. Therefore, the contents of other websites might be accessible from hyperlinks on the Website, which are subject to different terms. If this is the case, please refer to the relevant terms.
The Website does not constitute and should not be seen as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of the services contained in it; be it the services of Third-party or the Company. In particular, the Website is not deemed to provide (and must not be held as such) any advice relating to your decision whether or not to use a service and must not be considered as providing complete information in relation to such a decision.
6. Intellectual Property
6.1 Trademarks
Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.
You may not use the distinctive marks of the Vertikal project, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the distinctive marks of the Vertikal project without the prior written permission of the Company.
Any goodwill accruing out of the use of the Company's and the distinctive marks of the Vertikal project, trade and business names and service marks will vest in the Company and its affiliates, as the case may be.
6.2 Intellectual Property Rights
The Company and/or its licensors own all rights to the intellectual property and material contained in this Website including its affiliated website, and notably the IP presented on the social media channel or in the Newsletter, and all such rights are reserved.
In particular, the copyrights and other IP present on the Website such as but not limited to the pictures, videos or the content of the Newsletter and Vertikal’s social media accounts, is reserved.
Those content may not be reproduced, transmitted (electronically or by other means), modified, linked or used for public or commercial purposes, either in whole or in part, without prior written permission of the Company.
6.3 User’s Content
In the eventuality you submitted or transferred any content such as any audio, video, text, images or other material you choose to display or create on this Website. With respect to Your Content, by displaying it you irrevocably assign all rights including copyright to the Company.
This also includes exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not infringe on any third party’s rights. The Company reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
6.4 Takedown notices
If you believe that this Website or the Newsletter contains content that infringes on your copyright or creates any type of damages for You or a Third-party, you must immediately notify the Website Owner and provide the following information
- Your first & last name
- Your address, telephone number, and email address;
- A description of the potential damage or the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material or content is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law, or that a damage exists;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest or the person having a damage;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf or on this third-party’s behalf.
7. Forbidden use of the Website
You are entitled to use the Website only in conformity with the laws of your country of residence and of the country from which you access this Website. You may solely make a legal use of this website and any illegal or inappropriate use of the Website is banned.
In particular, you agree to browse the Website lawfully and without any violation of these TOU or any applicable law and agree notably not to do any of the following actions in connection with your use of the Website:
a) access or use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Website, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content;
b) access or use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these TOU or any other terms or policies provided in connection with the Website;
c) intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
d) damage, disable, overburden or impair the functionality of the Website in any manner;
e) distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
f) upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the Users or of the Company;
g) export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
h) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Website or to extract data or information from the Website;
i) commercialize any application, code or any information or software associated with such application and/or the Website without the prior consent of the Company;
j) upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of Users, or of any Third-party without the person’s prior explicit consent;
k) harvest or otherwise collect information or data about Users without their consent or use automated scripts to collect information from or otherwise interact with the Website;
l) upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Website, or which may expose the Company or its Users to any harm or liability of any type;
m) upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
n) copy, modify, distribute, sell, or lease any part of the Website;
o) reverse engineer or attempt to extract the source code of the Website;
p) interfere or attempt to disrupt the Website in any way;
q) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website, or Third parties; and
r) infringe upon or violate the rights of the Company, the Visitors, the Users or any Third-party;
s) publishing any Website material in any media; selling, licensing, sublicensing and/or otherwise commercializing any Website material; publicly performing and/or showing any Website material; using this Website in any way that is, or may be, damaging to this Website;
t) facilitate or assist another person to do any of the above acts.
8. Liability
8.1 No warranties
This Website is provided “as is” and “as available”, and makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.
Certain areas of this Website are restricted from access by you. The Website Owner may further restrict access by you to any areas of this Website, at any time, at its sole and absolute discretion.
8.2 Links
This Website may contain links to other websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.
Links to additional websites of interest may be found on our Website. However, after you've left our site and clicked on one of these links, you should be aware that we have no control over the other site. As a result, we cannot guarantee the security or privacy of any information you supply when visiting other sites, and these sites are not covered by this privacy statement. You should proceed with caution and carefully read the privacy policy for the website in question.
8.3 Limitation of liability
THE CONTENT OF THE WEBSITE AND ITS AFFILIATED WEBSITE, INCLUDING ALSO VERTIKAL’S BLOG, SOCIAL MEDIA (TWITTER, DISCORD, FACEBOOK, MEDIUM, LINKEDIN, ETC.) AND ANY PRESS RELEASE OR ARTICLE OR PUBLIC STATEMENTS MADE BY THE COMPANY, ARE SUBJECT TO CHANGE AT ITS SOLE DISCRETION.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY, NOTABLY FROM (I) RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE, INCLUDING BLOG, SOCIAL MEDIA AND ANY PRESS RELEASE OR ARTICLE OR PUBLIC STATEMENTS MADE BY THE COMPANY (II) ANY ERROR, OMISSION, OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING FROM SUCH INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, (A) THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS RELATING TO THE VERTIKAL PROJECT (WHETHER EXPRESS OR IMPLIED), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE; (B) WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE SERVICES ARE RELIABLE, CURRENT, ERROR-FREE, OR DEFECT-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT WILL THE COMPANY OR ANY OF THE COMPANY PERSONNEL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, DIMINUTION OF VALUE, LOSS OF USE OR DATA, LOSS OR DEPLETION OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONTRACT, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, OR THE LIKE) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, ITS SERVICES OR ITS USE OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND
- IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY PERSONNEL (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE WEBSITE, EXCEED THE AMOUNT OF 500.- CHF IN TOTAL.
To the fullest extent permitted by applicable law, you release the Company Personnel from responsibility, liability, claims, demands, and/or damages (direct and indirect) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties.
Finally, please note that the Company makes no promises or warranties whatsoever of possible gains or returns, in cash or in any other form. The Company also does not guarantee in any way the success or full execution of its projects according to its roadmap as presented on the Website.
8.4 Indemnification
You hereby promise to indemnify to the fullest extent the Company from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these TOU.
9. Data Protection
Your use of this Website is subject to our Privacy Policy, which is an integral part of the TOU. The provisions of which are incorporated herein by this reference. By using this Website, you acknowledge and consent to the collection and use of information as set forth in the Privacy Policy.
The link towards the privacy policy can be found by browsing the Website or by following the link in the definition section.
10. Miscellaneous
10.1 Severability
If any provision of these TOU is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10.2 Amendment
The Company is allowed to revise these terms at any time as it sees fit. By using this Website, you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it. You are responsible for verifying regularly these Terms in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Website.
10.3 Blocking of access
The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Company, as well as close or interrupt the Website. The Company reserves the right to terminate your right to access and use the Website if you violate these TOU or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.
The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these TOU.
10.4 Assignment
The Company shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these terms without any limitation or notification or consent required.
However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these TOU without the Company’s prior written consent. Any such attempt at assignment by you shall be void.
10.5 Language
These TOU and the service is provided in English and its translations into other languages may contain inaccuracies, for which we do not bear any responsibility. We suggest using the English version and using other languages at your own peril and risk. You also agree that all communications are conducted with us in English.
By using it you agree you understand and have a sufficient level of English.
10.6 No Waiver
The Company’s failure to enforce a provision of these terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these terms as a whole.
10.7 Contact & notices
Any notices intended for You will be sent to the email you shared provided you did indeed share such an email.
All notifications in connection with the present contract may be made public by way of publication on the Website. Information appearing on the Website shall be deemed to have been notified and accepted within 30 days of its publication.
Notices to the Company shall be sent by email to CONTACT@VERTIKAL.ART.
