Terms of service

SPACECRAFT EARTH TERMS OF SERVICE

Last Updated: October 25, 2022

Please read these Terms of Service (“Terms” or “Agreement”) carefully. Your use or access of the website located at betterclimatestore.com, platform, and associated services, functionalities, and features (“Platform”) constitutes your consent to these Terms.

This Agreement is between you and Spacecraft Earth LLC, a Delaware limited liability company, together with its subsidiaries and affiliates, (“Spacecraft Earth”, “we”, “our” or “us”), operators of the Platform. This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Platform posted by Spacecraft Earth, or otherwise made available to you by Spacecraft Earth, including without limitation, during the creation, acquisition, transfer, or modification of certain digital assets, non-fungible tokens (“NFTs”), and tokens (collectively, “Digital Assets”) 

By accessing or using the Platform, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement as well as our Privacy Policy. You also represent that you have the legal authority to accept this Agreement on behalf of yourself and any party you represent in connection with your use of the Platform. If you are an individual who is entering into this Agreement on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by this Agreement, with the terms “you”, and “your” applying to you, that entity, and other users accessing the Platform on behalf of that entity. 

We may, in our sole and absolute discretion, without liability to you or any third-party, refuse to let you use of the Platform. Such actions may be taken as a result of a number of factors, including without limitation legal or regulatory requirements or demand, our discretion, or your violation of the terms of this Agreement. We may also temporarily suspend your access to the Platform due to technical problems.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Ownership of Digital Assets

You own the Digital Assets you create, acquire, or purchase on the Platform. Ownership of Digital Assets are mediated entirely by smart contracts and the underlying blockchain network. Spacecraft Earth will never seize, freeze, or otherwise modify the ownership of any Digital Asset unless required by applicable law. Except as required by a facially valid court order, instructed by you, or except as provided herein, Spacecraft Earth will not sell, transfer, loan, hypothecate, or otherwise alienate your Digital Assets. 

Title to your Digital Assets will at all times remain with you and will not transfer to Spacecraft Earth. None of your Digital Assets are the property of, or will or may be loaned to, Spacecraft Earth. As the owner of your Digital Assets, you will bear all risk of loss of Digital Assets. Spacecraft Earth does not represent or treat your Digital Assets as belonging to Spacecraft Earth. Spacecraft Earth will have no liability for fluctuations in the value of Digital Assets created, minted, purchased, acquired, or made available on the Platform.

User Accounts

While you may always browse public-facing portions of the Platform without registering an account with us, in order to access certain portions of the Platform, Spacecraft Earth may require you to register an account with us (“Account”). You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at legal@betterclimatestore.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may be required to create and provide separate log-in credentials to access third-party services.

To access the Platform or some of the features it offers, you may be required to provide registration details or other information, including personal information. You must ensure that any information you provide on the Platform is accurate, up-to-date, and complete. You agree that any information you provide to Spacecraft Earth in order to create an account to use the Platform, including, but not limited to, using any features on the Platform, is governed by our Privacy Policy, and you consent to any actions that we may take with respect to your information consistent with our Privacy Policy.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and other information associated with an Account in appropriate circumstances, as determined by us in our sole and absolute discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which would or might constitute a violation of this Agreement, cause damage to or impair the Platform, infringe or violate any third-party rights, damage or bring into disrepute the reputation of Spacecraft Earth, or violate applicable law. These determinations will be made in Spacecraft Earth’s sole and absolute discretion. If messages sent to the email address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third-party.

NFTs

In the event that Spacecraft Earth offers NFTs on the Platform, each collection of NFTs, including all intellectual property rights relating to such collection, will be governed by separate terms of service (each an “NFT ToS”), and this Agreement hereby incorporates by this reference each applicable NFT ToS.

Wallets

Users are solely responsible for the management, protection, and security of their own wallets and validating all transactions and smart contracts generated by the Platform before confirming purchase or transfer of any Digital Asset. There is no way that a Digital Asset transaction can be undone or reversed. Accordingly, transactions made through the Platform cannot be reversed. Spacecraft Earth bears no liability or responsibility for Digital Assets sent to an incorrect or incompatible wallet address.

YOU ACKNOWLEDGE AND AGREE THAT (i) SPACECRAFT EARTH HAS NO CONTROL OVER ANY WALLET THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE PLATFORM; (ii) ALL WALLETS ARE PROVIDED BY THIRD-PARTIES; (iii) SPACECRAFT EARTH HAS NO RIGHT OR ABILITY TO CONTROL THIRD-PARTIES WHO PROVIDE WALLETS; (iv) ANY DISPUTE BETWEEN YOU AND ANY THIRD-PARTY WALLET PROVIDER IS BETWEEN YOU AND THAT THIRD-PARTY WALLET PROVIDER; AND (v) THAT SPACECRAFT EARTH IS NOT LIABLE FOR ANY ISSUES OR LOSSES CAUSED BY USE OF THIRD-PARTY WALLETS.

Security of Accounts, Wallets, Digital Assets 

We are not an insured financial institution. As a result, unlike funds held in most banks or credit unions, amounts displayed through the Platform are not insured against loss.

You are responsible for maintaining the confidentiality and security of your Account or devices you use to access the Platform. You are also responsible for maintaining the security of your wallet(s), and for ensuring that no unauthorized person has access to your wallet(s), any private keys, or any devices that you utilize in connection with the Platform. 

We will not be liable for any loss or damage arising from your failure to protect your Account or your wallet(s).

It is your sole responsibility to provide accurate information for creation and maintenance of your Account. You are solely responsible for ensuring the accuracy and completeness of all information and materials that you provide to use in connection with your use of the Platform. This includes, but is not limited to, all information and materials that you provide to us in connection with background checks and identity verification. You represent and warrant that (i) all such information and materials are true, accurate, and complete in all respects, comply with applicable law and do not violate or infringe any third-party rights; and (ii) you will immediately notify us about, and correct, and inaccuracy in any such materials or information.

User Generated Content

Spacecraft Earth makes no representation that content and materials on Platform are appropriate, lawful or available for use in any jurisdiction. Individuals who choose to access or use the Platform do so on their own initiative and are responsible for compliance with applicable law.

Certain features on the Platform may allow you to create or mint (collectively, “Mint”) Digital Assets on the Platform or you may otherwise directly or indirectly provide content to Spacecraft Earth subject to intellectual property or similar applicable law (“User Content”). For all User Content that you Mint or provide on the Platform, you grant us (and those third-parties we work with) a worldwide, royalty-free, irrevocable, perpetual, transferable and sublicensable license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Platform), publish, display, and distribute such content; provided that we will not share with other users any User Content that you Mint or provide us on the Platform that is not viewable by other users based on any privacy settings available on the Platform. The rights you grant in this section are for the purpose of operating, promoting, and improving our Platform and this license continues even if you stop using our Platform.

By Minting or providing User Content on the Platform, you are representing and warranting that you have all rights to use the intellectual property of any third-parties. We are under no obligation to edit or control User Content, and will not be in any way responsible or liable for User Content. Spacecraft Earth may, however, at any time and without prior notice, filter, screen, remove, edit, or block any User Content that, in our sole and absolute discretion, violates this Agreement, applicable law or is otherwise objectionable. User Content that Spacecraft Earth determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Offensive Content”) may be screened, removed, edited, or blocked. Further, we may take any action we deem necessary and/or appropriate against any user who posts Offensive Content, including, but not limited to, suspending or terminating the user’s Account.

Fees and Payment 

You agree to pay for any products and / or services we provide on the Platform, including, but not limited to, any Digital Assets sold on the Platform, by submitting the applicable purchase price in the amount and in the form set forth on the Platform. In the event that such payments are made with cryptocurrency, we will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. Spacecraft Earth will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the applicable blockchain. Purchases are not refundable under any circumstances.

The underling blockchain(s) may require the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the applicable decentralized blockchain. This means that you will need to pay a Gas Fee for each transaction.

Acceptable Use 

In connection with your use of the Platform, you will not: 

  • Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Platform;
  • Infringe upon our or any third-party’s copyright, patent, trademark, or other intellectual property rights;
  • Repost, delete, or alter any content or material that Spacecraft Earth makes available on the Platform;
  • Engage in any activity which, in our sole discretion, amounts to or may amount to market abuse including without limitation pumping and dumping, entering fictitious transactions or wash trading, front running, bear raiding or engaging in disorderly market conduct;
  • Restrict or inhibit any other person from legal use of the Platform;
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Spacecraft Earth’s express prior written consent;
  • Reverse engineer, decipher, decompile or disassemble any portion of the Platform, except to the extent such restriction is expressly prohibited by applicable law;
  • Remove any copyright, trademark or other proprietary rights notice from the Platform;
  • Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without Spacecraft Earth’s express prior written consent;
  • Restrict, discourage or inhibit any person from using the Platform;
  • Systematically download and store content from the Platform;
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure or that of our nodes, or detrimentally interfere with, intercept, or expropriate any system, data or information;
  • Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, trojan horse, easter egg, time bomb, spyware, ransomware, malware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Otherwise attempt to gain unauthorized access to or use of the Platform, other Accounts, nodes, or computer systems connected to the Platform;
  • Engage in any behavior which violates this Agreement or is otherwise deemed unacceptable by us in our sole discretion; or
  • Use any robot, spider, search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise gather content on the Platform (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Platform, without Spacecraft Earth’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Platform’s root directory, Spacecraft Earth grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Spacecraft Earth reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

Sanctions 

By using the Platform, you further represent and warrant that you are not (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other governmental authority (Sanctions) or (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions.

Restricted Jurisdictions

The Platform is subject to all applicable export control restrictions, and, by using the Platform, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Platform if you are (i) a resident, national or agent of Crimea (Ukraine), Luhansk (Ukraine), Donetsk (Ukraine), Cuba, Iran, North Korea, Syria or any other country or region to which the United States embargoes goods or imposes similar sanctions (“Restricted Jurisdictions”); (ii) a member of any sanctions list or equivalent maintained by the United States government (“Restricted Persons”); or (iii) you intend to transact with any Restricted Jurisdictions or Restricted Persons.

Third-Party Services 

Third-parties, including those providing research analysis or other information related to the Platform and Digital Assets, may provide certain data, information, insights, analysis, and articles that are made available through the Platform, and may also provide links to third-party websites (or other online properties that are not owned or controlled by Spacecraft Earth) or services that are not under the control of Spacecraft Earth (collectively, “Third-Party Services”). In addition to these Terms, you may be bound by any additional terms required by providers of Third-Party Services.

Spacecraft Earth makes no representations about, and accepts no liability for, any Third-Party Services. Spacecraft Earth does not endorse or assume responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third-parties, including any Third-Party Services. If Users access any Third-Party Services, users do so solely at their own risk. Spacecraft Earth is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures. You expressly waive and release Spacecraft Earth from all liability arising from your use of Third-Party Services. You further acknowledge and agree that Spacecraft Earth will not be responsible or liable directly or indirectly for any damage or loss caused or alleged arising out of or related to any Third-Party Services.

Comments, Feedback, and Questions

If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Platform or Digital Assets (“Feedback”), then you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.

Intellectual Property Rights

The Platform and any content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) created or developed by or for Spacecraft Earth, are owned by Spacecraft Earth, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Spacecraft Earth grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform solely in strict compliance with the provisions of these Terms and as permitted by the functionalities of the Platform available to you. Spacecraft Earth’s name and all related names, logos, product and service names, designs, and slogans are trademarks of Spacecraft Earth, its associates, affiliates, or licensors. You must not use such marks without the prior written permission of Spacecraft Earth. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

Spacecraft Earth reserves all rights not expressly granted to you in this section. Accordingly, nothing in this Agreement or on the Platform will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform, or any Spacecraft Earth intellectual property located or displayed on or within the Platform.

Disclaimer of Warranties 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER SPACECRAFT EARTH NOR ITS AFFILIATES MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM, ITS CONTENT, OR CONNECTED SERVICES. THE PLATFORM AND ITS CONNECTED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPACECRAFT EARTH NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, SPACECRAFT EARTH AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR DIGITAL ASSETS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BY USING THIS PLATFORM, YOU AGREE AND ACCEPT TO BE SOLELY RESPONSIBLE FOR ANY AND ALL TRANSACTIONS INVOLVING DIGITAL ASSETS ACQUIRED OR PURCHASED THROUGH THE PLATFORM.

SPACECRAFT EARTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE PLATFORM OR YOUR ACQUISITION OR PURCHASE OF DIGITAL ASSETS WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL, WHETHER FINANCIAL OR OTHERWISE. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SPACECRAFT EARTH MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPACECRAFT EARTH AND ITS ASSOCIATES ALSO DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU. 

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPACECRAFT EARTH, ITS ASSOCIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Acknowledgment of Risk

You accept and acknowledge each of the following:

  • To the extent that you buy or sell Digital Assets on the Platform, please be aware that the prices of Digital Assets are extremely volatile and fluctuations in the prices of other Digital Assets and impact the price of your Digital Asset both positively and negatively. Given the volatility, Digital Assets should not be considered an investment. You assume all risks in that regard.
  • To the extent you Mint Digital Assets on the Platform, it is your responsibility to ensure that such Digital Assets do not infringe on the intellectual property of any third party. You alone will be responsible for any and all losses and damages sustained by third parties as a result of such infringement.
  • Ownership of a Digital Asset confers ownership of digital content and the underlying claim to the digital content only. Accordingly, no information relating to the Digital Asset is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, the sale of the Digital Asset is not intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products. Due to the artistic nature of the project, the Digital Assets have not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Digital Asset and the associated art and hardware is in compliance with laws and regulations in your jurisdiction.
  • You assume all risks associated with using digital currency and Digital Assets, including, but not limited to, the risk of hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
  • Digital Assets, cryptocurrencies, and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Digital Assets. You understand and accept all risk in that regard.

Indemnification and Release

Spacecraft Earth and its subsidiaries, parents, affiliates, service providers, and each of their respective officers, directors, agents, joint venturers, employees or representatives (collectively, the “Released Parties”), are not liable for any damages that may arise out of or in connection with your use of the Platform or your Minting of User Content. This includes, but is not limited to, claims, applications, injuries, delays, direct loss, loss of business or profits, business interruption costs, loss of goodwill or business profits, loss of cryptocurrency or tokens, damage caused by your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential and incidental damages. In addition, the Released Parties are not liable for any losses incurred, either directly or indirectly through your use of the Platform or any of its functions and features (collectively, all of the foregoing items will be referred to herein as “losses”). The Released Parties are hereby released by you from liability for any and all losses. These limitations of liability apply whether the liability or losses are based on negligence, contract, tort, or any other basis, even if the Released Parties had been advised or should have known of the possibility of such losses. 

You agree to indemnify and hold the Released Parties harmless from any claim or losses (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation, or your infringement of the intellectual property rights of any third parties.

Data Protection and Security

You acknowledge that Spacecraft Earth may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement or use of the Platform. You represent and warrant that any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and that data is accurate at the time of disclosure. You further represent and warrant that before providing any such personal data to us, you have read and understood our Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy, to that individual.

If you suspect that your Account or any of your security details have been compromised, or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or Spacecraft Earth, you must notify Spacecraft Earth as soon as possible by email and provide accurate information throughout the duration of the incident or breach.

Privacy

All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

Our Privacy Policy is a part of this Agreement. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.

Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to your account and our Platform. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.

Children  

You must be at least 18 years old to purchase a Digital Asset. By purchasing a Digital Asset, you represent and warrant that you are at least 18 years of age.

Reservation of Rights

Spacecraft Earth reserves the right to bar any transactions on the Platform, for or with, any user with or without cause, at any time, subject to any limitations imposed by applicable law. In lieu of refusing access to the Platform, Spacecraft Earth may, in its sole and absolute discretion, perform due diligence. You may be subject to due diligence procedures in your use of the Platform. If you decline to provide requested information or otherwise do not reply timely or substantively with the documentation or data requested, Spacecraft Earth has the absolute discretion to immediately suspend or terminate your Account.

Third-Party Disputes

ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE Spacecraft Earth AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Relationship of the Parties

You agree that no joint venture, partnership, employment or agency relationship exists between you and Spacecraft Earth as a result of this Agreement or use of the Platform. 

Governing Law, Venue, and Arbitration

You agree to arbitrate any dispute arising from this Agreement or your use of the Platform. Arbitration prevents you from suing in court or from having a jury trial.

In addition, you agree: 

  • To attempt informal resolution prior to any demand for arbitration;
  • That any arbitration will occur in the United States;
  • That any arbitration will be conducted confidentially by a single arbitrator, selected by a third-party arbitration forum;
  • That the state and federal courts in the State of California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration;
  • That the arbitrator has the authority to grant any remedy that would otherwise be available in court; and
  • That the parties will split the costs and expenses of any arbitration and bear their own legal costs and expenses.

This Agreement and your access to and use of the Platform will be governed by the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California. 

Class Action Waiver

BY USING THIS SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Changes to this Agreement 

We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Terms on the Platform or by any other reasonable means. You can review the most current version of these Terms at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of this Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Terms, you must stop using the Platform. Your continued use of the Platform after the date of the updated Terms will constitute your acceptance of the updated Terms.

Waiver and Severability

No waiver of by Spacecraft Earth of any term or condition set out in this Agreement will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spacecraft Earth to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Survival

The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive any termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.

Amendments 

We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Terms on the Platform or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of the Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform. Your continued use of the Platform after the date of the updated Terms will constitute your acceptance of the updated Terms.

Entire Agreement

This Agreement and the Privacy Policy constitute the sole and entire agreement between you and Spacecraft Earth with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.

Contact Us

If you would like to contact us for any reason, please email us at legal@betterclimatestore.com. 


BETTER BUDDIES NFT TERMS

Better Buddies is a collection of unique digital collectable characters represented by non-fungible tokens (such tokens, “Better NFTs”) minted by a smart contract deployed to the Ethereum blockchain and created by Spacecraft Earth LLC (the “Better Smart Contract”). The Better Smart Contract associates each Better NFT with its Underlying Art. “Underlying Art” includes all artwork, pictures, images, photographs, designs, graphics, icons, characters, or any other form of art now known or invented in the future.

 

These terms (“Terms”) are a legally binding agreement by and between Spacecraft Earth LLC, a Delaware limited liability Company (“Spacecraft,” “we” or “us”), and any owner of a Better NFT (“you” or “Owner”) governing the parties’ rights and obligations with respect to Better NFTs and the related Underlying Art.

 

  1. Ownership
You Own Your Better NFT. When you own a digital wallet that holds a Better NFT, as recorded by the Better Smart Contract, you hold the exclusive right to hold, sell, transfer, and execute blockchain transactions involving that Better NFT (“Your Better NFT”). Except for the Better NFTs we own, Spacecraft has no right or ability to seize, freeze, or otherwise modify the ownership of any Better NFT.
 
We Own (but License to You) the IP in Your Underlying Art. Spacecraft owns all rights, title, and interest in and to the Underlying Art including any and all copyrights, trademarks, and other intellectual property rights therein (“IP”). However, we grant you the License (defined below) to use the Underlying Art associated with Your Better NFT (“Your Underlying Art”) for as long as you hold Your Better NFT.
 
You Own the IP in Your Derivative Better Works. As between you and Spacecraft, you own all rights, title and interest in and to any “derivative work,” as defined by the United States Copyright Act, based upon Your Underlying Art created during the License Term (defined below) (“Derivative Better Work”); provided, however, that (i) we retain the copyright in the Underlying Art underlying any Derivative Better Work; (ii) your use of any Derivative Better Work during and after the License Term is subject to these Terms; and (iii) your use of any Derivative Better Work after the License Term may require a license from the current owner of the Better NFT.
Utility. Owners may be offered utility, benefits, or entitlements (collectively, “Utility”) from time to time, but these Terms do not confer any Utility except as granted by the License. Spacecraft makes no assurances of any Utility. Any Utility may be subject to other terms and conditions. Spacecraft will not be responsible in any manner for any Utility offered by any third party.

 

  1. License
Grant. Subject to your acceptance of, and compliance with, these Terms, upon lawfully acquiring Your Better NFT and, for so long as you hold Your Better NFT (both dates as recorded by the Betters Smart Contract) (the “License Term”), Spacecraft grants to you a non-exclusive, universe-wide, royalty-free, sublicensable license to reproduce, distribute, prepare derivative works based upon, publicly display, publicly perform, transmit, and otherwise use and exploit, Your Underlying Art (the “License”). The License is intended to be broad, enabling you to make both commercial and non-commercial uses of Your Underlying Art, in any and all media, whether existing now or invented later, subject only to the restrictions set forth below.
 
Restrictions and Reservations.
 
The License extends only to Your Underlying Art—meaning, the complete selection and arrangement of all base layers, features, attributes, and other elements that comprise Your Underlying Art. Thus, while the License allows you to create and exploit Derivative Better Works, the License does not grant you rights in any individual element of Your Underlying Art, or a license to exploit any individual element separate and apart from Your Underlying Art. For example, the License allows you to create three-dimensional renditions of, and to add new clothing to, Your Underlying Art, but does not allow you to extract individual features (e.g., hair, accessories) for use in a separate work.
 
The License does not grant you any rights in or to Spacecraft’s (or any other) trade names, brands, trade dress, or trademarks, all of which are expressly reserved to Spacecraft (collectively, “Spacecraft TM Rights”). You hereby agree that any Spacecraft TM Rights you purport to acquire, together with any associated goodwill, shall automatically, immediately, and at your expense be assigned to Spacecraft. For the sake of clarity, the Spacecraft TM Rights do not include Your Underlying Art, in which you may acquire trademark rights through the exercise of your rights in accordance with, and subject to, these Terms and applicable law.
 
Any application to register a trademark in Your Underlying Art must occur during the License Term and be based solely upon the actual use of the Underlying Art in commerce and solely for the goods or services in connection with which Your Underlying Art has actually been used in commerce in the applicable jurisdiction as of the date of the application. Thus, you may not seek to register a trademark in Your Underlying Art on an “intent to use” basis or where you otherwise have not used Your Underlying Art in commerce.
 
You may not use Your Underlying Art in a manner that expresses hate or encourages violence towards a person or group based on membership in a protected class, such as race, religion, gender, orientation, or disability.
 
You may not use Your Underlying Art in a manner that violates applicable law.
 
All rights not expressly granted herein are reserved by us.
 
License Back to Spacecraft. You grant to Spacecraft an irrevocable, perpetual, non-exclusive, universe-wide, royalty-free, sublicensable license to publicly display and otherwise use Your Underlying Art alongside other Underlying Art.

 

  1. Enforcement.
 
Copyright Registrations. Any application to obtain a copyright registration in Your Underlying Art shall identify “Spacecraft Earth LLC” as the copyright owner of Your Underlying Art. Any application to obtain a copyright registration in a Derivative Better Work may identify you or such other person you designate as the copyright owner but shall identify Your Underlying Art as a preexisting work upon which the Derivative Better Work is based.
 
Actions. To the extent applicable law authorizes you to bring a claim for infringement based upon the unauthorized use of Your Underlying Art, you agree that: (i) any such claim shall be based solely upon the unauthorized use of Your Underlying Art, not other Underlying Art—for example, on the ground that the other Underlying Art is substantially similar to Your Underlying Art; and (ii) Spacecraft may, in its sole discretion, join and, unless it would materially prejudice your rights, elect to take over the control of the prosecution of, any such action.
 
Disputes Among Owners. Spacecraft has no obligation to support the resolution of, or resolve any, dispute that may arise between Better NFT owners.

 

  1. Transfers
No Decoupling. Except as expressly provided herein, ownership of a Better NFT and the License are not separable in any way. You may not engage in any transaction or activity that purports to decouple the License from Your Better NFT.
 
Termination of License. Upon the transfer of Your Better NFT to a new Owner, as recorded by the Betters Smart Contract: (i) your License hereunder shall immediately and automatically terminate; (ii) you must discontinue any use of Your Underlying Art as a trademark or other source identifier; and (iii) any trademark and corresponding registration obtained in connection with your exercise of the License shall be deemed abandoned unless duly transferred to the new Owner under a separately negotiated written agreement.
 
Published Better Works. If, during the License Term, you create and make available to the public a work using Your Underlying Art (a “Published Better Work”), you may, except as set forth in Section 4(b)(ii), continue to use and exploit that Published Better Work in accordance with these Terms after the License Term; provided, however, that: (i) you will be responsible for any obligations or liabilities arising from your continued use of the Published Better Work after the License Term; and (ii) this privilege does not allow you to use the Underlying Art to create any new works or materials after the License Term. Thus, for example:
 
A digital series featuring Your Underlying Art that was released during the License Term may continue to run after the License Term, but any creation or distribution of any new episodes featuring the Underlying Art would require a license from the new Owner.
 
Afer the License Term, you may sell off existing (at the time of transfer) inventories of merchandise featuring Your Underlying Art that were created and offered for sale during the License Term, but the creation or distribution of any new merchandise or inventory featuring the Underlying Art would require a license from the new Owner.

 

  1. Owner’s Representations and Warranties. Owner represents and warrants that Owner:
is over the age of majority and has the legal capacity to enter into these Terms;
 
will only use and interact with any Better NFT and Underlying Art in accordance with these Terms;
 
will comply with all applicable law in the exercise of its rights and obligations under these Terms and will not violate any right of Spacecraft, its licensors, or any right of any third party; and
 
is not, and will not, knowingly execute a transaction involving a Better NFT or Underlying Art with any person who is, (i) 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; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

 

  1. Warranty Disclaimers. 
EACH BETTER NFT AND YOUR UNDERLYING ART IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SPACECRAFT EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
 
EACH BETTER NFT IS AN INTANGIBLE DIGITAL ASSET THAT EXISTS ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM BLOCKCHAIN. ANY TRANSFER OF OWNERSHIP THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM BLOCKCHAIN, WHICH SPACECRAFT DOES NOT CONTROL.
 
SPACECRAFT WILL NOT BE RESPONSIBLE OR LIABLE TO OWNER FOR ANY LOSS IN CONNECTION WITH ANY BETTER NFT OR YOUR UNDERLYING ART AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO OWNER FOR, ANY USE OF OR INABILITY TO USE ANY BETTER NFT OR YOUR UNDERLYING ART, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) THE BEHAVIOR OR OUTPUT OF ANY SOFTWARE OR HARDWARE; (III) DATA LOSS OR CORRUPTION; (IV) ANY FEATURES, DEVELOPMENT, ERRORS, OR OTHER ISSUES WITH BLOCKCHAIN NETWORKS OR WALLETS; (V) UNAUTHORIZED ACCESS TO ANY BETTER NFT OR YOUR UNDERLYING ART; OR (VI) THE ACTS OR OMISSIONS OF ANY THIRD PARTY.
 
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIESIN CONSUMER CONTRACTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

  1. Assumption of Risk. Owner accepts and acknowledges all risks associated with the following:
Better NFTs and Underlying Art may be used in myriad ways. While we strongly encourage transparency, communication, and research prior to acquiring a Better NFT, including to understand what previous and existing uses have been made of the Better NFT and Underlying Art and how those uses may affect value, any purchase of a Better NFT is at the purchaser’s own risk. Spacecraft is not responsible for verifying or providing information on how a Better NFT or its Underlying Art have been exploited. Additional documentation from an Owner may be necessary or prudent.
 
Spacecraft is not responsible for determining or paying any taxes that apply to any Owner’s purchase, sale, or transfer of rights in each Better NFT. As between the parties, Owner is solely responsible for determining what, if any, taxes apply to such transactions.
 
Transactions involving Better NFTs and Your Underlying Art rely on third-party or decentralized platforms, systems, or marketplaces. We do not maintain, control, or assume any obligations with respect to such platforms, systems, or marketplaces. To the extent that Spacecraft provides links or access to third party platforms, sites, or other resources, it does so only as a convenience and is not responsible for the content, products, or services on or available from those third parties or through any content displayed thereon.

 

  1. Indemnity. Owner shall defend, indemnify, and hold Spacecraft, its licensors, affiliates, representatives, and service providers, and each of them, and all of their respective officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, expenses, and other similar results or occurrences (including attorney’s fees) that directly or indirectly arise from, or are related to or in connection with, any claim, suit, action, demand, or proceeding or other similar occurrence, process, or activity that is initiated, made, brought, or financed by a third party (including any person who accesses or transacts using any Better NFT or Underlying Art, whether or not such person personally purchased a Better NFT) against the Indemnified Parties, or on account of the investigation, defense, or settlement thereof, arising out of, related to, or in connection with: (i) your access to or use of any NFT marketplace or third-party services or products; (ii) your breach or alleged breach of these Terms; (iii) your exercise or attempted exercise of the License; or (iv) your actual or alleged violation of applicable law. Counsel to be used in the defense of such claim must be approved by Spacecraft in writing prior to retention of such counsel and, upon our request, you will allow us to participate in the defense of any such claims. You will not enter into any settlement or compromise of any claim or litigation or that includes an admission of liability without our prior written consent.
  1. Additional Terms and Conditions Incorporated by Reference. Spacecraft’s general terms and conditions are located at: https://betterclimatestore.com/policies/terms-of-service/ (the “General T&C”). All terms, provisions and agreements set forth in the General T&C are hereby incorporated by reference, with the same force and effect though fully set forth herein. To the extent that the terms of the General T&C are inconsistent with these Terms, these Terms shall govern.

  2. Amendments. Spacecraft reserves the right to clarify or amend these Terms by publicly publishing a new version of them, including, but not limited to, on betterclimatestore.com, sub-domain thereof or any successor website.
The License applies only to the Better NFT on the blockchain that Spacecraft, in its sole discretion, may designate, which designation shall apply retroactively. Thus, for example, if a fork or other event purports to result in duplicate Better NFTs, only the non-fungible token recorded on the blockchain designated by Spacecraft will be eligible to receive the benefit of the License. Any license purportedly granted hereunder to the owner of a non-fungible token recorded on a blockchain not designated by Spacecraft is void ab initio.
 
These Terms will transfer and be binding upon and will inure to the benefit of the parties and their permitted successors and assigns.
 
These Terms constitute the entire agreement, and supersede any and all prior or contemporaneous representations, understandings and agreements, between the parties with respect to the subject matter of these Terms, all of which are hereby merged into these Terms. Without limitation, the terms of any other document, publication, course of dealing, or course of trade will not modify these Terms, except as expressly provided in Sections 10 or 11(a) or as the parties may agree in writing.
 
Failure to promptly enforce a provision of these Terms or any rights related to the Better NFT or Underlying Art will not be construed as a waiver of such provision or rights.
 
Nothing contained in these Terms will be deemed to create, or be construed as creating, a joint venture or partnership between the parties. Neither party is, by virtue of these Terms or otherwise, authorized as an agent or legal representative of the other party. Neither party is granted any right or authority to assume or to create any obligation or responsibility, express or implied, on behalf or in the name of the other party. Nothing contained in these Terms will be deemed to create any third-party beneficiary right upon any third party whatsoever.
 
The parties shall execute and deliver to the other party any and all such other instruments in reasonable mutually acceptable form and substance and shall take any and all such other actions as may be reasonably necessary to carry the intent of these Terms into full force and effect.
 
If any one or more of the provisions of these Terms should be ruled wholly or partly invalid or unenforceable, then the provisions held invalid or unenforceable will be deemed amended, and the arbitrator, court, or other government body is authorized to reform the provision(s) to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein.
 
The headings to sections of these Terms are for convenience or reference only and do not form a part of these Terms and will not in any way affect its interpretation.
 
Neither party will be afforded or denied preference in the construction of these Terms, whether by virtue of being the drafter or otherwise.
 
For purposes of these Terms, the words and phrases “include,” “includes,” “including,” and “such as” are deemed to be followed by the words “without limitation.”
 
Owner may give notice to Spacecraft by contacting Spacecraft legal@betterclimatestore.com. Notice is effective upon receipt.
 
The parties have agreed to contract electronically and, accordingly, electronic signatures or any other forms of acceptance permitted by law, will be given the same effect and weight as original signature.