Terms Of Service

Almaverse.com (“Almaverse,” “we” or “our“) provides a service for selling and purchasing of relaxation/meditation text, audio and video products (the “Services“) through our website, accessible at www.Almaverse.com (the “Site“). Please read carefully the following terms and conditions (“Terms“) and our Privacy Policy, which may be found at https://Almaverse.com/policies/privacy-policy/ and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Almaverse.

Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Almaverse reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Account Registration

In order to list a product on the Site or to make a purchase through the Site, you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member” and/or “Seller”.   You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Almaverse reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Almaverse of any unauthorized use of your Account.

Privacy

See Almaverse’s Privacy Policy at https://Almaverse.com/policies/privacy-policy/ for information and notices concerning Almaverse’s collection and use of your personal information.

Seller Terms and Conditions

Listing Products on the Site

As a Member, you may submit listings for mediation and relaxation products (“Products“) that you have created and that you desire to sell through the Site and Services. You may not submit listings for products that were created by another person or seller. In order for your listings to be accepted, you must provide Almaverse with all the information requested on the applicable page of our Site and you must comply with any other Almaverse requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Almaverse with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Almaverse ‘s then-current listings content guidelines. Almaverse reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.

You acknowledge that Almaverse reserves the right to promote and market Products through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Almaverse. You always retain the right to remove a listing for a Product from the Site – please see below for instructions.

If you want to remove your product from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.

Responsibility for Products

You acknowledge and agree that you are solely responsible for all Products that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) as to Products that you make available through the Site and Services, you are the creator of all such Products and you are the sole and exclusive owner of all such Products; (ii) the Products that you make available through the Site and Services nor Almaverse’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Online Sales

If you submit Products for sale on the Site, you hereby appoint Almaverse as an independent non-exclusive reseller with the right to resell such Products through the Site and Services and on third party websites (collectively “Online Sales”) and you hereby grant Almaverse a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Products via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Products in any form, medium or technology now known or later developed for the purpose of promoting Almaverse, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Seller Revenue Share (defined below), which is payable only upon the sale of a Product via the Online Sales channel.

Almaverse may appoint if needed one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Almaverse to process and fulfill orders.

As between you and Almaverse, Almaverse, will be deemed the seller of any Product that are purchased via Online Sales channels. If a  Product are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Almaverse, these Terms will apply to the sale of such Product.

Almaverse and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Almaverse’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Almaverse and the third party website or Almaverse’s Offline Sales partner, as applicable, to Almaverse and share related shipping information, including the contact details of the purchaser where necessary, with Almaverse.

Shipping

If your Products are not downloadable and need to be shipped to the Buyer the following term will apply. Almaverse will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Almaverse, you will be responsible for shipping the purchased Products directly to the purchaser. You agree to ship the purchased Products to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Product(s) to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled.

You are responsible for providing accurate shipping estimates when placing your products for sale at Almaverse. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, the resulting increased cost is the responsibility of the Seller. Almaverse reserves the right to deduct the resulting increased shipping costs from your Seller Revenue Share (defined below).

For sales of Products via the Online Sales channels, Almaverse will credit your Account in an amount to be determined in accordance with Almaversel’s then-current standard pricing and commission terms; for sales of Products via the Site and Services, subject to Almaverse’s receipt of confirmation of delivery to the purchaser, Almaverse will credit your Account with the corresponding Seller Revenue Share following the expiration of the return period and for sales of Products via third party websites, Almaverse will credit your Account with the corresponding Seller Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Product has been confirmed to have been successfully delivered to the purchaser, as determined by Almaverse, in its sole discretion.

You agree to comply with the terms and conditions of Almaverse’s then-current Return Policy at that are applicable to any Product that are sold through the Site and Services.

You will have the right to request Almaverse to remit the Seller Revenue Share in your Account in accordance with a Almaverse-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Almaverse will remit to you the remaining balance of Seller Revenue Shares in your Account, if any.

Purchaser Terms and Conditions

Purchases of Relaxation and Meditation Products

As a Member, you may purchase Products that are listed by other Members on the Site. When you purchase such an Product through the Site and Services, you are purchasing the work from Almaverse and not from the Member identified on the listing for such work. Prices for Products will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Almaverse and/or its third party service providers will collect your billing and shipping information and process your payment. The Member identified on the listing of the Products will ship the purchased work directly to you. The terms and conditions of Almaverse’s then-current Return Policy apply to any Products that you purchase through the Site and Services.

Order Cancellations

Almaverse reserves the right to cancel any Product order placed via the Site and Services if Almaverse determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Almaverse cancels an order placed via the Site and Services, Almaverse will send you an email confirmation of such cancellation and you will not be charged for your order.

Terms for both Sellers and Purchasers

Transaction Restrictions

If you are a Member and have submitted a Product listing and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Product to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase a Product for which another Member has submitted a listing, you may not purchase such Product from such Member independent of the Site and Services.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added (“VAT“), goods and services (“GST“) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes“). If you are a seller, you acknowledge that Almaverse will withhold the Taxes required to be withheld from the payments Almaverse makes to you. Seller must fill out appropriate Tax forms prior to any commissions being paid. Commissions will be paid as follows:

  • For a Seller living within the United States, a W9 Tax Form must be filled out.
  • For a Seller living outside the United States, a W8BEN Tax Form must be filled out.

If you are a purchaser of Products, you acknowledge that Almaverse will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback“). You may submit Feedback by emailing us at support@Almaverse.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Almaverse and you hereby irrevocably assign to Almaverse and agree to irrevocably assign to Almaverse all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Almaverse’s request and expense, you will execute documents and take such further acts as Almaverse may reasonably request to assist Almaverse to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Member Content

In addition to submitting products, Almaverse may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit text, graphics, audio, video, images of products or other content on or to the Site (individually or collectively, “Member Content“). “Member Content” excludes any images of Products for which a Member submits a listing, as described under “Seller Terms and Conditions” above. Almaverse does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Site and Services, (i) you grant Almaverse a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting Almaverse, the Site and Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such Member’s authorized use of the Site and Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Site. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii)neither the Member Content nor your making available any Member Content on the Site nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Almaverse Content

Almaverse may also make available through the Site and Services text, graphics, audio, video and images of products (collectively, “Almaverse   Content), some of which is owned by Almaverse (“Almaverse -owned Content“), and some of which is made available under license by a third party (“Almaverse -licensed Content“). Almaverse authorizes you to download, view and print Almaverse -owned Content” solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Almaverse Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Almaverse Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Almaverse or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Site, or any individual element within the Site, Almaverse’s name, any Almaverse trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Almaverse’s express written consent;
  • Access, tamper with, or use non-public areas of the Site, Almaverse’s computer systems, or the technical delivery systems of Almaversel’s providers;
  • Attempt to probe, scan or test the vulnerability of any Almaverse system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Almaverse or any of Almaverse’s providers or any other third party (including another user) to protect the Site, Services, Almaverse Content or Member Content;
  • Attempt to access or search the Site, Services, Almaverse Content or Member Content or download Almaverse  Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Almaverse or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a Almaverse trademark, logo URL or product name without Almaverse’s express written consent;
  • Use the Site, Services, Almaverse Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Almaverse Content or Member Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Almaverse Content or Member Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Almaverse will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Almaverse may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Almaverse has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Almaverse reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Products, Almaverse Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Almaverse , at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

Sweepstakes and Contests

Almaverse may operate sweepstakes, contests and similar promotions (collectively, “Promotions“) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules“) of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Almaverse’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Ownership

The Site, Services and Almaverse Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Almaverse and its licensors exclusively own all right, title and interest in and to the Site, Services and Almaverse Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Almaverse Content.

Copyright Policy

Almaverse respects copyright law and expects its users to do the same. It is Almaverse’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Almaverse is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Almaverse of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, Almaverse will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Almaverse reserves the right to revoke your access to and use of the Site, Services, Almaverse Content and Member Content at any time, with or without cause. In the event Almaverse terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to support@Almaverse.com.

Disclaimers

THE SITE, SERVICES, Almaverse CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Almaverse EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Almaverse MAKES NO WARRANTY THAT THE SITE, SERVICES, Almaverse CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Almaverse MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Almaverse OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Almaverse DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES Almaverse MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES.  Almaverse MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Almaverse , its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Almaverse Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Almaverse Content and Member Content remains with you. Neither Almaverse nor any other party involved in creating, producing, or delivering the Site, Services, Almaverse Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Almaverse Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Almaverse has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Almaverse’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Almaverse Content or Member Content exceed: (i) if you are a Member who has sold Products, the total payments made or credited to you by Almaverse for the sale of your Products during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Products, the total payments that you made to Almaverse for the Products that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Almaverse and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Almaverse used herein are trademarks or registered trademarks of Almaverse . Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Southern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Almaverse and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Almaverse and you regarding the Site and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Almaverse prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Almaverse may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Almaverse via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Almaverse to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Almaverse. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Almaverse

If you have any questions about these Terms, please contact Almaverse at support@Almaverse.com.