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Terms of Use

  1. Introduction

The website The Three Musketeers (the “Platform”) is owned and operated by DEAPLANETA, S.L.U (“PLANETA”, “we”, “us” or “our”).

Postal address: DeaPlaneta S.L.U., Av. Diagonal, 662-664 08034 Barcelona

email: info@deaplaneta.com

Phone: 93 492 88 54

CIF B62490461

Mercantile Registry of Barcelona, ​​Volume 33.304, Folio 91, Sheet No. B-229.169, 1st entry

These Terms Use (“Terms”) set forth the legally binding terms and conditions that govern your use of the website located at The Three Musketeers and all related tools, mobile applications, web applications, decentralized applications, smart contracts, and APIs located at any of The Three Musketeers websites, (the “Platform”). By accessing or using the Platform you confirm that you are accepting these Terms, together with any documents that may be expressly referenced and incorporated herein, including, without limitation, the Terms of Purchase (the “Terms of Purchase”) of any Digital Collectible.

These Terms constitute a legal agreement between you and PLANETA and govern access and use of the Platform, including any content, functionality, and services offered on the Platform (collectively, the “Services”) that PLANETA makes available to persons over 18 years of age. References to “you” or “your” refer to you as an individual user of the Platform.

These Terms may be discretionarily modified or replaced at any time. The most current version of this Terms will be posted on the website with the “Last Revised” date at the top of the Terms changed. Any changes or modifications will be effective immediately upon posting the revisions to the website. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Terms constitutes your acceptance of the Terms as modified. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links).

 

  1. Definitions

The following definitions will be used throughout these Terms:

 

“Licensor” DeaPlaneta S.L.U., with address at Avenida Diagonal 662-664 – 08034 Barcelona, ​​NIF B62395918 and together with Pathé Films the owner of the intellectual property rights of the Digital Collectibles.

“AVAX” is the cryptocurrency Avalanche, the native token of the Avalanch blockchain.

“Digital Collectible” means a limited-edition of digital items of The Three Musketeers offered on the Platform with blockchain tracking, such as those compliant with the ERC-721 and ERC-1155 standard or on a successor standard to the Ethereum Blockchain, but which may also be based on others equivalent technological standards. At the same time, it is not structured as a security within the meaning of the EU Markets in Financial Instruments Directive nor is it used for investment purposes.

“Buyer” means the purchaser of a Digital Collectible in a transaction made on the Platform.

“Seller” means the seller of a Digital Collectible on the Platform, on Opensea or any other platforms enabled for it.

“Intellectual Property” means any intellectual rights, including, without limitation, content, logos, designs, patents, patent applications and disclosures, copyrights, trade secrets, trademarks, know-how, or any other rights of intellectual property recognized in any country or jurisdiction in the world.

“we / us / our / Licensor / PLANETA” means DEAPLANETA, S.L.U.

“Platform” The Three Musketeers and other applications that may be designed, in which, once registered, you can buy Digital Collectibles of The Three Musketeers.

“Terms of Purchase” Terms and conditions of purchase of any Digital Collectible offered on the Platform.

  1. Access to the Platform

To purchase a Digital Collectible on the Platform you must connect your MetaMask Wallet to make the payment and receive the Digital Collectible or create one from scratch with the Platform application.

You are responsible for the security of the activities you perform. You must not share your Platform login information or other security related information with anyone or allow anyone else to access your Wallet. If you become aware of any unauthorized use, you agree to notify us immediately at info@deaplaneta.com.

Purchases on the Platform will be made either in credit card or in ETH, MATIC and AVAX cryptocurrencies for those who connect their MetaMask wallets.

You agree that you are using the Wallet in accordance with MetaMask’s terms and conditions. We neither own nor control MetaMask, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. PLANETA will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

You are solely responsible for keeping your Wallet secured and you should never share your Wallet credentials or seed phrase with anyone. You agree to maintain adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Platform or the Services. You must ensure that Account(s) registered under your name will not be used by any other person.

PLANETA reserves the right to reject, suspend or disable access to the Platform or your Account for breach of these Terms.

  1. Purchasing and selling the Digital Collectible

The Platform allows you to purchase a Digital Collectible through the connection to your Wallet and sell, gift, or auction them on OpenSea. Said transactions will be governed and carried out in accordance with these Terms, the applicable Terms of Purchase and the conditions of third-party platforms that apply in each case.

Primary sale transaction format of the Digital Collectible:

Transactions on the Platform will occur in a direct sale format at a fixed price in ETH, AVAX, MATIC or FIAT. Licensor may offer a Digital Collectible for sale on the Platform at a fixed sale price as a primary sale, and the Buyer agrees to purchase the Digital Collectible at the specified sale price and in accordance with the Terms of Purchase and the applicable commission fee and royalties of the Licensor.

Secondary sale export of the Digital Collectible:

For secondary sale you will have to export your Digital Collectible to Opensea.io or other compatible platforms by paying the corresponding Gas Fee (or cost per transaction in crypto, which is made on  the Ethereumnetwork, when you want to transfer a Digital Collectible) said price is variable and alien to PLANETA.

Following a sale of a Digital Collectible, Seller acknowledges and agrees that by selling a Digital Collectible may not retain title thereto after completion of the Sale transaction with respect to the applicable Digital Collectible and agrees that the commissions fees and royalties detailed in the Terms of Purchase will be charged. All commission fees are collected and distributed at the time of the purchase of a Digital Collective by operation of the Smart Contracts.

You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Blockchain Avalanche network. By transacting on the Platform and by using the Smart Contracts, you hereby acknowledge, consent to, and accept all automated fees, commissions, and royalties for the sale of the Digital Collectible of the Platform. You hereby consent to and agree to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties.

Disclaimer

You accept that there is no right of withdrawal after a purchase of the Digital Collectible, therefore a Digital Collectible cannot be returned or refunded.

  1. Correct use of the Platform

You agree that you are fully responsible for your own conduct while accessing or using the Platform and your Account, as well as for any consequences that its use may cause. You agree to use the Platform and/or your Account at your own risk and only for legally appropriate purposes, in accordance with these Terms, the Terms of Purchase, as well as in compliance with any applicable law or regulation.

You agree not to use the Platform, its contents or the Services provided therein for illegal purposes; contrary to what is established in the Terms or the Terms of Purchase; in a way that violates the interests or rights of third parties, or in any way that could damage, disable, make inaccessible or deteriorate the Platform, its contents or its Services or prevent their normal enjoyment by other users.

You expressly agree not to destroy, alter, disable, or damage the data, programs or electronic documents found on the Platform.

You agree not to hinder the access of other users to the Platform through the massive consumption of computer resources for which PLANETA provides the Services, as well as to refrain from taking actions that damage, interrupt, or generate errors in said systems or services.

You agree not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical or sequential device of characters that cause or are likely to cause any type of alteration in the computer systems of PLANETA or third parties.

You agree not to use the Platform or your Account in any way that could cause an infringement of the Intellectual Property Rights of PLANETA, its licensors or third parties.

You agree not to provide false, inaccurate, incomplete, or misleading information.

You will not use, employ, operate, or create programs to simulate human user behavior (“Bots”), or use, employ or operate such Bots or other similar forms of automation to engage in any activity or transaction on the Platform or for the purpose of artificially influencing the price of the Digital Collectibles

PLANETA reserves the right to completely or partially restrict or revoke your access to the Platform for violating these Terms if you carry out any of the above prohibitions. Such cancellation or suspension will not affect your ownership rights in the Digital Collectibles you already own, but you will not receive a refund of the amounts you paid for such Digital Collectibles.

  1. Links

PLANETA may include links to other websites or external services on the Platform. These links are included to inform users about the existence of other sources of information on the Internet or to redirect them to a third-party service, or to a PLANETA’s partner, where they can expand the information offered on the Platform or complete their experience.

The establishment of any type of link from the Platform to another website or external service will not imply that there is any type of relationship, collaboration, or dependency between PLANETA and the person or entity in charge of the external website or service.

None of these links imply a suggestion, invitation, or recommendation to visit the places of destination, and PLANETA does not always control what is published in said links, therefore, PLANETA cannot guarantee technical availability, quality, reliability, accuracy, veracity, validity and legality of any material or information contained in any of the external websites or services. Once the user clicks on a link, they will enter the website of a third party outside PLANETA. PLANETA recommends that you review the terms of use and privacy of said website or service to ensure that you agree with them.

Links on other websites or services to the Platform

The links to the Platform placed on the websites or services of third parties must comply with the following conditions:

  1. a) the link will only allow access to the Platform, but may not reproduce the Platform or parts of it in any way;
  2. b) it is not allowed to establish links with areas of the Platform other than the public areas, that is, those for which access to the Platform is not necessary;
  3. c) it is not allowed to create a browser or a border environment on the sections of the Platform, nor can the Platform be modified in any other way;
  4. d) It is not allowed to make false or inaccurate or incorrect statements or indications about the Platform and/or, declare or imply that PLANETA has authorized the link or that it has supervised or assumed in any way the content or services offered or posted. available on the web page to which the link is established;
  5. e) the website in which the link is established may not contain any brand, logo, slogan or other distinctive signs of PLANETA;
  6. f) the website or the service in which the link is offered will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content that may violate the rights of third parties, including intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one’s own image or any other right.

Any link to the Platform must not mislead, confuse, or misunderstand users about the origin of the content available on the Platform or imply an act of unfair comparison or imitation or use of PLANETA’s reputation.

PLANETA does not have the power, nor the human and technical means to know, control or approve all the information, content, products, or services provided by other websites or services that have established links to the Platform. In this sense, PLANETA does not assume any type of responsibility for anything related to the website or service that establishes that link, specifically, by way of example and not limitation, regarding its operation, access, data, information, files, quality and reliability. of its products and services, its own links and/or any of its contents in general.

User Collaboration

PLANETA will be grateful if users who become aware of any illegal of activity carried out through third-party websites linked to the Platform, or through websites or services that contain links to the Platform, please provide a detailed report to info@deaplaneta.com.

  1. Intellectual property rights

 

Unless we state otherwise, all content and materials included on the Platform, logos, designs, text graphics, images, information, data, software and files related to the Platform ( the “Contents”) are the exclusive property of PLANETA or have been licensed to PLANETA and may not be copied, or used, in whole or in part, without our prior written permission.

You agree that all rights, title, and interest (including all copyrights, trademarks, service marks and other intellectual property rights of any kind, whether registered or not) in the Content, the Platform and the Services provided belongs to PLANETA or its licensors.

Unless otherwise indicated, you acknowledge that the reproduction, distribution, commercialization, transformation, and in general, any other form of exploitation, by any procedure, of all or part of the Contents constitutes an infringement of intellectual property rights and/or industrial of PLANETA or the owner thereof.

We reserve the right to suspend or terminate any Account that has actually or allegedly infringed the Intellectual Property Rights of PLANETA or third parties.

  1. Ownership of Digital Collectibles

Your ownership of a Digital Collectible will be recognized by PLANETA only if you have purchased it through the Platform in accordance with the Terms of Purchase or on Opensea.io or other sales platforms compatible with the Platform.

When you purchase a Digital Collectible on the Platform, you own the Digital Collectible and have the right to transfer, sell, auction, or give away your Digital Collectible on Opensea.io. Upon such purchase, you will have a worldwide, perpetual, exclusive, transferable license to use and display the Digital Collectible for as long as you own the Digital Collectible, solely for the following purposes: (a) for your own personal, non-commercial use; (c) as part of a third party website or application that allows the inclusion, participation, storage or participation of your Digital Collectible compatible with this Platform, such as Opensea.io.

By the transfer, sale or gift of your Digital Collectible you acknowledge and agree: (a) that the purchase of a Digital Collectible does not grant you any right or license to the Platform Contents or any Intellectual Property Rights; (b) that you do not have the right to reproduce, distribute or commercialize any element of the Platform Content without our prior written consent in each case, and (c) that you will not solicit, register or use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case.

By purchasing a Digital Collectible, you agree that you may not make, nor allow a third party to make or attempt to make, without the prior written consent of PLANETA, the following uses (by way of example, but not limitation):

(a) modify the Digital Collectible in any way, including without limitation its shape, designs, pictures, attributes, or color combinations;

(b) use the Digital Collectible to advertise, market or sell any third-party products or services;

(c) use the Digital Collectible in connection with images, videos, or other forms of media that depict hate, bigotry, violence, cruelty, or anything else that could reasonably constitute hate speech or infringe the rights of third parties;

(d) use the Digital Collectible in film, video, or in any other manner except as expressly permitted in the Terms of Purchase; either

(f) attempt to register trademarks, copyrights or acquire additional intellectual property rights in the Digital Collectible.

 

  1. Data protection / Privacy

We respect your privacy and are committed to protecting your personal data. Our Privacy Policy describes the ways in which we collect, use, store, disclose and share your personal data and is hereby incorporated by reference into these Terms.

By using the Platform, you confirm that you have read and understood our Privacy Policy and understand and agree to how we collect, use, store, disclose and share your personal data and disclose such personal data to our authorized service providers. We will only share your personal data to facilitate and manage the use of the Platform or for legal compliance reasons.

PLANETA adopts the necessary technical and organizational measures to guarantee the protection of personal data and prevent its alteration, loss, treatment and/or unauthorized access, considering the state of the art, the nature of the data stored and the risks to which they are exposed, all of this, in accordance with the provisions of the Spanish legislation for the Protection of Personal Data and in accordance with the Privacy Policy.

The personal data collected through this Platform will be processed in compliance with the provisions of the General Regulations for the Protection of Personal Data and the applicable Spanish legislation and for the purposes indicated in the Privacy Policy and Cookies Policy.

 

  1. Breach

In the event that you breach these Terms or the Terms of Purchase or other conditions that may be applicable based on the services that the user has contracted, PLANETA will be empowered to take the measures it deems necessary, including the cancellation partially or totally the contracted service without prior notice, and, in no case, such suspension or cancellation would entitle any compensation for you.

Likewise, PLANETA informs that it will be able to inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of current legislation or if it suspects the commission of a crime on its Platform.

  1. Termination

PLANETA reserves the right to initiate any legal action or suspend your access or use of the Platform due to non-compliance with these Terms, the Purchase Conditions or for any suspicion of fraudulent, abusive or illegal activity.

  1. Risks of the Platform

You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in this Terms in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.

PLANETA will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing, or other attacks.

 

Risk on Value and Volatility

The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Digital Collectible, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of The Three Musketeers ecosystem, and therefore the potential utility or value of Digital Collectible. The Platform, ETH, and digital assets could be impacted by one or more regulatory inquiries regulatory actions, or legislative policies which could impede or limit the ability to continue to develop the Platform, or which could impede or limit your ability to access or use the Platform or Ethereum blockchain. Digital Collectible may be encumbered by actual or possible copyright or trademark claims against the Item.

Use of the Platform may carry financial risk. Digital assets are, by their nature, highly experimental, risky, and volatile. Transactions carried through the Platform are irreversible, final, and non-refundable. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether buying, or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your Digital Collectibles indefinitely. All transaction decisions are made solely by you.

Notwithstanding anything in this Terms, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with the use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.

No information or statements available on or in connection with this Platform should be regarded as a suggestion to engage in or refrain from any investment-related course of action as PLANETA and its affiliates are not undertaking to provide investment or financial advice. Such information or statements provided by PLANETA do NOT constitute any guarantee of future performance and undue reliance should not be placed on them.

Purchasing Digital Collectibles necessarily involves known and unknown risks and uncertainties, which may cause actual performance and financial results to differ materially from any projections of future performance or result expressed or implied by information or statements contained herein.

Regulatory uncertainty

The regulatory regime governing blockchain technologies, virtual assets and tokens is uncertain, and new regulations or policies may significantly adversely affect the development of the Platform and, by extension, the use, transfer, value, and potential utility of your Digital Collectibles.

  1. Taxes

You agree that you are solely responsible for (i) determining what taxes, if any, apply to your purchases of Digital Collectibles on the Platform and their sales (ii) paying any and all sales, use, value added, and other taxes, duties and assessments (except taxes on our net income) now or in the future claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use and transactions made of the Digital Collectibles. Neither PLANET nor its affiliates or employees are responsible for determining any taxes that may apply to your transactions in Digital Collectibles.

  1. Limits of liability

To the extent permitted by applicable law, PLANETA and its affiliates make no representations or warranties about the accuracy or completeness of content available on or through the Platform or about products, the value or Digital Collectibles, or the content of any third-party websites or services linked to or integrated with our site.

PLANETA and its affiliates will have no liability for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage resulting from your access to or use of the site or consumption of any products; (c) any unauthorized access to or use of our servers or of any personal information or user data; (d) any interruption of transmission to or from the site; (e) any bugs, viruses, trojan horses, or the like which may be transmitted on or through the site or services by any third party; (f) any loss or damage of any kind incurred as a result of the use of any content posted or shared through the site or services; or (g) loss or damaged caused by another user’s violation of these terms.

To the extent permitted by law, our company and its affiliates will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.

Digital Collectibles are intangible digital assets that exist solely by virtue of ownership record maintained on the blockchain. All smart contracts, including any transfer of title that might occur in any Digital Collectible, are carried out and occur in a decentralized ledger within the Platform. We cannot control or guarantee the proper use of smart contracts.

To the extent permitted by the applicable law, PLANETA officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement and those arising out of course of dealing or usage of trade.

  1. Applicable law and jurisdiction

The relationship between PLANETA and you will be governed by Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the user’s domicile.