TERMS AND CONDITIONS
Effective Date: 27-06-2023
- About these Terms
These Terms and Conditions (“Terms”) set out the terms governing your access and use of any of our websites at https://filt3r.studio/ and https://bored.filt3r.io/ (any and each a “Site”), as well as the terms and conditions governing our provision and your use of FILT3R iOS app for the use of the augmented reality tracking technology, including any content therein (the “App”), as well as our services provided through or in connection with the Site or the App (the “Services”).
Please read these Terms carefully before using the Site or the App. By continuing to access and use the Site you agree to be bound by these Terms. By downloading, installing, and using the App, you (“User” or “you”) agree to enter into a legally binding agreement (“Agreement”) governed by these Terms with FILT3R Studios L.L.C-FZ, Business Center 1, M Floor, Dubai, U.A.E. (“FILT3R” or “we”). These Terms do not modify or replace any other agreements you may have with FILT3R concerning its products, services, or other matters. These Terms do not modify or replace any third-party application stores’ and platforms’ terms that apply to your relationship with them.
Neither the Site nor the App or Services are intended for individuals under the age of 18. To access and use the Site, App or Services, you must be at least 18 years old. If you are younger than 18 years old, you can only access or use the Site, App or Services if your parent or legal guardian has reviewed these Terms and granted you permission to do so. We may request adequate proof of your identity, age, and consent from a parent or guardian at any time.
We may amend these Terms or any part thereof at any time. Please check these Terms from time to time to ensure that you agree with them. Your continued use of the Site, App and Services will be deemed to be your acceptance of any amendments to these Terms. If you do not accept any amended terms, please do not start or continue to use the Site, App or Services.
If you have any questions about these Terms please email us at [email protected].
- Using our Site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may update and change our Site from time to time. We may suspend or withdraw or restrict the availability of all or any part of our Site.
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may download extracts of any page from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site. You must not modify any copies of any materials you have obtained in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated). You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
Our Site includes certain social media features, such as links to social networks like Twitter, LinkedIn, YouTube, and Facebook. Your interactions with these features are governed by the terms and policies of the company providing the service.
- Using our App and Services
Through the App we allow you to interact with your digital identity (PFP) using your existing non-fungible token (“NFT”) and our face-tracking technology in augmented reality (“AR”). In order to access and utilize our Services in the App (including any intellectual property assets we may provide to you), you must own the relevant NFT. The App contains a wallet connection feature for blockchain interactions. By connecting your wallet, you can identify FILT3R NFTs associated with your Ethereum wallet address. FILT3R NFTs determine the appropriate NFT to showcase within the App. Only the owners of the NFT have access to assets facilitated by the wallet connect integration.
The website https://BORED.FILT3r.io provides a blockchain wallet connection that grants users access to their personal project page. Users can mint new NFTs on the website and provide details about associated wallet information.
FILT3R collaborates with Tokenproof, an external verification tool. Tokenproof verifies NFTs on behalf of NFT projects, particularly when users prefer not to store expensive NFTs directly in their primary wallet. For more information about Tokenproof’s services, please visit their official website: https://tokenproof.xyz/
You acknowledge that we are under no obligation to make available any updates of the App. However, we may automatically check your version of the App and offer you the opportunity to download and install updates.
Subject to your compliance with these Terms, we grant you a personal, non-transferable, non-assignable, non-exclusive, limited, and revocable license to use the App for your personal, non-commercial use. All rights not expressly granted are reserved.
Under the license, we do not permit you to, and you agree not to permit others to:
- copy, reproduce, modify, reverse engineer, create derivative works from, or distribute the App or any part thereof, including but not limited to its content, or any copy, adaptation, transcription, or merged portion of it;
- decode, disassemble, decompile, or otherwise translate or convert the App;
- distribute, publicly display, or broadcast the App;
- sell, transfer, license, distribute, loan, lease, assign, rent, or otherwise sublicense the App;
- use the App or the Services for any purpose other than your personal use; and
- remove, alter, or obscure any copyright, trademark, attribution, and any other proprietary notices from the App.
If you wish to use the App for commercial purposes, please email us at [email protected].
We reserve the right, at our sole discretion, to suspend, discontinue, modify, remove, or add any features or functionalities in the App or our Services, temporarily or permanently, without an obligation to notify you. We shall not be liable for any loss suffered as a result of these changes or any decisions made by us in this regard.
- Your obligations
- ensure that you always comply with the applicable laws, and that you have the necessary permissions to use the Site, App and Services;
- not use any content or material that is subject to third-party proprietary rights without a license or permission from the owner of such rights;
- not use the Site, App or Services for any unlawful purpose, and not use the Site, the App or our Services to induce violence;
- not post, submit, or transmit any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic, or profane material through the Site or App;
- only use the Site, App or Services solely for your own personal use, and act in your own legal capacity, not on behalf of another person or company;
- not solicit or attempt to obtain any information, including personally identifiable information, relating to other users;
- not intercept, monitor, damage, or modify any communication that is not intended for you;
- not upload or distribute any software program, file, or data that contains viruses, spiders, robots, worms, trojan horses, or any code or instructions that are corrupted or may negatively affect the performance of the Site, App or Services;
- not attempt to impact the availability of the Site, App or Services with a denial of service (DOS) or distributed denial of service (DDoS) attack, or use the Site, App or Services in a way that could damage, disable, overburden, or impair their functioning;
- not interfere with any other party’s use and enjoyment of the Site, App or Services;
- keep secure any user identification code, username, password or any other piece of information forming a part of our security procedures, and not disclose it to third parties, and notify us promptly if you become aware that any such information may have been accessed by an unauthorized person;
- not sell you App profile;
- not use any information obtained from the Site, App or Services to harass, abuse, or harm another person;
- not initiate or engage in surveys, contests, chain letters, or unsolicited mass dissemination of email (spam) against us or other users; and
- not encourage or promote any activity that violates these Terms.
You acknowledge that:
- your use of the Site, App or Services is at your sole discretion and risk;
- you will be solely responsible and liable for the legal consequences of your usage of the Site, App and Services, as well as for all activities that occur through the App installed on your devices; we will not be liable for any loss you may incur as a result of someone else using the App installed on your devices, whether with or without your knowledge; furthermore, you may be held liable for any losses incurred by us or another party due to someone else using the App installed on your mobile devices.
- you do not find the Site, App or Services offensive, objectionable, unfair, or inappropriate in any way.
We reserve the right to suspend or terminate your access to the Site, App or our Services, at any time, for any reason or no reason, at our sole discretion. If you breach these Terms, your permission to use the Site, App or Services automatically terminates, and we may take any one or more of the following actions: (1) we may require you to indemnify us in accordance with these Terms; (2) we may initiate legal proceedings against you; or (3) we may request that you pay us a contractual penalty amounting to £1,000 or an amount equal to the amount of damages or hardship we suffer in connection with or as a result of such breach, whichever is higher, which you agree to pay to us by continuing to use the App or our Services. This clause is in addition to and does not replace our right to be indemnified in accordance with other provisions of these Terms.
- Your Content
“Your Content” refers to any content you produce and distribute through the FILT3R App. By using our Site, App or Services, you confirm that you are the author, copyright owner, and/or have proper license for any content uploaded and linked by you.You warrant that none of your content violates the copyright, trademarks, or other intellectual property rights of any third party, nor does it infringe upon anyone’s right of publicity or invade privacy by misappropriation of name or likeness. If you choose to use material belonging to another party, you are solely responsible for obtaining the necessary authorization.By agreeing to these Terms, you agree to indemnify us for any claims arising from your content. You are solely responsible for any content you post, upload, share, transmit, or link from the FILT3R mobile App. This includes assuming all risks associated with the use of your content, such as the accuracy, completeness, or usefulness of your content to others. It also includes any disclosure of your content that may personally identify you or any third party. You are not permitted to state or imply that your content is provided, sponsored, or endorsed by FILT3R. We are not obliged to back up your user content, and we may delete user content at any time. If desired, it is your responsibility to create backup copies of your content.
You represent and warrant that your content is not subject to any confidentiality obligations. You have the legal right to distribute and produce your content or grant FILT3R the rights described herein. Except as otherwise provided in the App or a separate agreement, FILT3R claims no ownership or control over your content, and you retain your ownership rights. However, by submitting or posting your content, you grant us and our designees a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use, distribute, publicly display, reproduce, modify, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and publish your content. This license is limited to the operation, development, provision, promotion, protection, and improvement of the Site, App or Services as well as research and development purposes. You represent and warrant that you have the necessary rights to grant us this license without infringing or violating any third-party rights.
By posting your content, you release FILT3R, its agents, and employees from any claims that the authorized use described above violates any of your rights. You understand that you will not be entitled to any compensation for the use of your content.
If you believe that your work has been copied and posted in a way that constitutes copyright infringement within the Site or App, please notify us via email at [email protected], providing the corresponding content. We will take appropriate action, as determined at our discretion.
In the event that we receive a notification from another user or third party alleging that your content infringes upon the intellectual property rights of any party, we reserve the right to delete such content from the Site or App without prior notice and/or take appropriate action to address the infringement. You acknowledge and agree that FILT3R is entitled to notify the owner of the infringed intellectual property rights.
While we have the right, but not the obligation, to monitor all activity and edit or remove any content that, in our opinion, violates intellectual property rights or these terms and conditions without prior notice, we cannot review all content expressed or made available through our Site or App. Therefore, we cannot guarantee the conformity of such content to these terms and conditions, including its accuracy, integrity, or quality. As a result, we are not responsible for any content provided by others through the Site or App. You understand that by using the Site, App or Services, you may be exposed to content that is offensive, indecent, or objectionable. FILT3R, its shareholders, directors, officers, or employees shall not be liable for any loss or damage caused by your reliance on information obtained while using our Services. You are responsible for evaluating the information, opinions, advice, or other content available to you.
You acknowledge that the FILT3R technology allows you to record videos and capture pictures in both AR and non-AR modes. You can upload and share your content on various social media platforms or save it directly to your device using the App.
Our Site is made available free of charge.
In consideration for the license to use the App, you shall pay us a license fee. The license fee shall be specified by and paid to us via the App Store.
You acknowledge that the license fee only serves as consideration for the license to use the App. As such, it does not serve as consideration for the purchase of FILT3R NFTs, as those NFTs are not being sold as part of the App.
For certain NFT collections, different payment models may be implemented to access the technology. This can include fixed amounts per download for unlimited usage or customized membership models. FILT3R may choose to offer premium access subscriptions, which will provide you with extended possibilities within the App (“Subscription”).
Subscriptions may be available at different fees chargeable for a set period of time specified in the App (“Subscription Period”). Payment will be taken from your iTunes account (“Account”) when you confirm the Subscription.
A Trial Subscription is offered free of charge for a certain period of time from activation specified in the App. If you do not cancel the Subscription within the said period, the Subscription Fee will be taken from your Account when the trial period expires. Please note that your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period.
The Subscription is renewable automatically unless you cancel it at least 24 hours before the expiry of the current Subscription.
To manage your Subscriptions, visit https://support.apple.com/en-us/HT202039#subscriptions for your iTunes account.
The Subscription Fee will be taken from your Account during the 24 hours preceding the expiry of the current Subscription. In case the Subscription Fee cannot be taken from your Account due to the absence of monetary funds, invalidity of the credit card, or for any other reasons, your Subscription is automatically canceled.
Once you have bought a Subscription, you can manage it and switch off automatic renewal at any time after the purchase in your Account settings. You cannot cancel your current Subscription if it has already been activated. Except when required by law, paid Subscription Fees are non-refundable.
FILT3R, in its sole discretion and at any time, may modify the Subscription Fee. Any Subscription Fee change will become effective at the end of the current Subscription period. You will be provided reasonable prior notice of any change in the Subscription Fee. If you do not take action to agree to the increase in Subscription Fee, your Subscription shall expire at the end of the current Subscription period.
You acknowledge and agree that all billing and transaction processes are handled by the App Store, from whose platform you downloaded the App, and are governed by their terms and conditions. If you have any payment-related issues, then you need to contact the App Store.
We may enter into business arrangements with any business partners, including FILT3R’s technology partners. We may, at our discretion, agree alternative payment arrangements with such business partners.
- Intellectual property rights
In these Terms, “Intellectual Property Rights” mean all rights of use and commercial exploitation of an asset, including copyright and related rights, trade marks, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Unless you and we agree otherwise in writing, nothing in these Terms shall transfer, grant licenses or permissions in respect of any Intellectual Property Rights belonging to one party, apart from the permission to use the Site and license to use the App we set out in these Terms. Specifically, FILT3R remains the owner of its Intellectual Property Rights in the Site and the App.
FILT3R collaborates with projects whose members possess commercial property rights with respect to NFTs, such as the Bored APE Yacht Club (BAYC) and Mutant Ape Yacht Club (MAYC) projects. When a holder of such commercial rights (BAYC/MAYC) purchases a FILT3R AR access pass NFT and activates their commercial right/NFT numbers, FILT3R shall offer to assign to you Intellectual Property Rights in 3D assets related to your NFT (including the provision of the relevant files). At the same time, you will be requested to grant us a license permitting us to use those 3D NFT assets so we can showcase them in the App.
- Limitation of liability
Nothing in these Terms and the Agreement shall operate to exclude or limit our liability for (a) death or personal injury caused by its negligence, or (2) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, or (3) fraud, or (4) any other liability which cannot be excluded or limited under applicable law.
Under no circumstances, including negligence, shall we be liable for any damages or losses, including without limitation those deemed or alleged to have resulted from or caused by the Site, App or Services. This includes, but is not limited to, delays or interruptions in operation or transmission, communication failures, misuse of the Site, App or Services by any person, errors or omissions in content, viruses or bugs in the Site, App or Services, or any loss or damage incurred as a result of using the Site, App or Services.
To the maximum extent permitted by applicable law, the Site and App are provided “as is,” and we make no warranties or representations, express or implied, regarding their quality, suitability, reliability, availability, timeliness, fitness for a particular purpose, completeness, or accuracy. We disclaim all warranties of non-infringement and make no warranty that the use of the services will be uninterrupted or error-free. Your use of the Services is solely at your own risk.
For the avoidance of doubt, we also disclaim any and all warranties, representations, and responsibilities regarding any aspect of the services provided by third parties, including but not limited to telecommunication providers. We shall not be liable for any default, breach, or inaction of such third-party partners.
To the maximum extent permitted by applicable law, under no circumstances, including negligence, shall we, our related corporations, shareholders, affiliates, partners, officers, employees, and agents be responsible or liable for any damages, losses, or expenses, including without limitation direct, indirect, consequential, or special damages or economic loss arising from or in connection with your access, loading, installation, or use of the Site, App or Services, regardless of whether we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages exceed the amount of one hundred pounds (£100.00). The limitations stated above shall apply even if the stated remedy fails to achieve its essential purpose.
You acknowledge and agree that all disclaimers and limitations of liability contained in these terms and conditions represent a fair and reasonable allocation of the risks and benefits of these terms and conditions, considering all relevant factors. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.
All names and images used in the App are provided for entertainment purposes only. Any resemblance to real people’s names, likenesses, and images is purely coincidental.
You agree to defend, indemnify, and hold FILT3R harmless from any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) brought by third parties arising from or related to: (i) your use of the Site, App or Services, (ii) Your Content, (iii) your violation of these Terms, or (iv) your violation of any law or third-party rights, including Intellectual Property Rights. FILT3R reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FILT3R, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FILT3R. FILT3R will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
- Term and termination
The Agreement governed by these Terms shall commence and become effective immediately upon the earlier of your downloading of the App or first use of the Services.
You may terminate the Agreement at any time by sending us a written notice of termination, or you may simply delete the App. After termination of Agreement, any rights, obligations, and/or liabilities accrued before the date of termination shall continue in force until their full completion.
We may also terminate the Agreement with immediate effect and without reason at any time, unless circumstances dictate that we legally or practically cannot do so. Upon termination, you shall cease all use of the App and Services and destroy all copies, full or partial, of the App.
Links: Where our Site or App contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as endorsement or approval by us of those websites or information you may obtain from them. We have no control over the contents of those websites or resources. If you choose to access those websites through the provided links, it is your responsibility to comply with their respective terms and conditions. It is advisable to review the privacy policies of those websites before submitting any information to them. We assume no responsibility or liability for the services offered on any third-party websites.
Tracking Technologies (Cookies): In operating the App and providing the Services, we may use tracking technologies such as cookies to recognize your browser, learn more about your interests, provide you with essential features and services, and for additional purposes, including conducting research and diagnostics to improve our offerings, preventing fraudulent activity, improving security, delivering content, including ads, relevant to your interests, and reporting allowing us to measure and analyze the performance of our offerings.
A cookie is a small piece of text that is sent to a browser. The browser provides this piece of text to the originating server when the visitor returns. Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. The ‘Help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. If you disable all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site, and some features and services may not work.
Feedback: You may send us your feedback, including questions, comments, suggestions, improvements, ideas for new products, technologies, promotions, product names, or product enhancements. If you send us any feedback, you acknowledge and agree that we are not obliged to treat the feedback as confidential, and we have the right to use such feedback and related information in any manner we see fit. Please refrain from sending us feedback if you expect payment or want to retain ownership or claim rights to it.
By submitting your feedback, you grant FILT3R and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully paid-up, and royalty-free license to use, sell, reproduce, prepare derivative works, combine with other works, modify, translate, distribute copies, display, perform, publish, license, or sublicense the Feedback. We are entitled to use and distribute the feedback for any purpose, whether commercial or otherwise, without acknowledging or compensating you. By submitting your feedback, you release FILT3R, its agents, and employees from any claims that such use violates your rights.
Email Communications: By providing your email address to us on the Site, you are automatically opted in to receive email communications, including marketing communications, from FILT3R. If you do not wish to receive communications from FILT3R, please refrain from sharing your email address with us. You may request to opt out of receiving marketing communications from FILT3R by following the ‘unsubscribe’ link in an email communication or by contacting us at [email protected].
Export Control: You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (EAR), trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations (ITAR). Specifically, you agree that you shall not directly or indirectly sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from FILT3R under these Terms, including the App, to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreement.
- General Provisions
You shall not assign, transfer, or otherwise deal in your rights and/or obligations under these Terms. We may assign our rights and/or obligations under these Terms, in whole or in part, at any time without further notice to you.
If a provision of these Terms is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
All provisions of these Terms which by their nature extend beyond the expiration or termination of the Agreement, including, without limitation, the sections relating to use restrictions and prohibited activities, will continue to be binding and operate after the termination or expiration of the Agreement.
The headings in these Terms are for reference only and do not affect the construction or interpretation of any provision.
If we fail or delay the performance of any obligation under these Terms due to reasons beyond our control, including but not limited to acts of God, government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of these Terms.
Neither failure nor delay on the part of FILT3R to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof or of the exercise of any other right, remedy, power, or privilege.
Nothing in these Terms shall create or confer any rights or other benefits in favor of any third parties not party to these Terms.
Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship, or joint venture between you and us.
The Agreement based on these Terms constitutes the entire understanding and agreement between you and us regarding the Site, App and Services and supersede any prior agreement, understanding, or arrangement between you and us. If there is any conflict between these Terms and any other localized terms governing the use of and access to the Site, App or Services to which you have consented, the localized terms shall prevail. The English language version of these Terms shall be the prevailing version in the event of any discrepancy between any translated versions of these Terms.
We may modify or terminate the Site or the App, its features, or these Terms at any time, with or without prior notice. Your continued use of the Site, App or Services after any modifications to the Termsconstitutes your acceptance of the modified terms.
By using the Site or App, you acknowledge that you have read, understood, and agreed to these Terms.
The Agreement governed by these Terms and any dispute or claim arising out of or in connection with its formation or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales without giving effect to any choice of law or conflict of law provisions.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement governed by these Terms, its formation or subject matter.
Please email us in case you have any questions about these T&Cs.