Terms and Conditions: AREA 55 Futuro Home Live Auction
Rules:
On 12/30/2021 there will be a live auction held for AREA 55 Futuro Home powered by PLTFM inc on the third party platform, www.Opensea.com.
Suggested entrance into the live auction is to make a purchase of the AREA 55 NFT Auction Pass, which becomes available on 12/26/2021 at 10am EST on the third party platform, www.OpenSea.com. The Area 55 NFT Auction Pass will be sold using blockchain technology on the Polygon Network and will be sold for the equivalent of $50 USD.
The Area 55 NFT Auction Pass purchase is highly suggested as there are over 1000 individuals on the waiting list and AREA 55 is already booked in advance for the next (2) two years. However, the Auction Pass is not required to participate in the auction itself.
The Auction will take place on Thursday, Dec 30, 2021 at 12 am EST on a third party website, www.Opensea.com. The Auction rules are listed below:
This will be a 24 hour-timed auction on the third party website, www.Opensea.com and the auction item (AREA 55 NFT) will go to the highest bidder by the end of the 24 hour-timed auction or the first bidder to bid $35,000 USD. PLTFM has the right to list a reserve price on the third party site www.Opensea.com, which states that should the NFT not sale for the listed reserve price, the item will not be made available to anyone to claim ownership.
The highest bidder by the end of the 24 hour-timed auction or the first bidder to bid $35,000 USD to receive the following:
The NFT ownership of the AREA 55 NFT auction item will also grant the following benefits:
1 Night Stay (max occupancy of 4 individuals and no pets of any kind)
Roundtrip Flight for 2 Individuals
Dining Experience for 2 Individuals
Guided Tour for 2 Individuals.
Additionally the benefit to do the following:
To visit the AREA 55 Futuro Home (2) two times in one calendar year with the exact same benefits listed above.
To sell The NFT ownership of the AREA 55 NFT AUCTION item on a secondary market at any given time (Benefits transfer with ownership).
This offering of benefits is exclusively available and limited to the following
countries, Canada, US and Residents of Mexico. Other participants from other countries are allowed to participate in the AREA 55 NFT auction to claim ownership and resell the AREA 55 NFT however, AREA 55 FUTURO HOME and PLTFM Inc expressly and irrevocably made it clear that the listed benefits are exclusively permitted to only, Canadian, US and Residents of Mexico.
Round trip Area Fare for two (2) is the responsibility and to be provided by Area 55 Futuro Home to the winner of the Auction and the owner(s) of the Auction Item in total amount of $450 per person. The total amount responsible to be paid for should not exceed eighteen hundred dollars in total in any given calendar year.
If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 13 years old to register for an account as a Creator, and at least 18 years old to place a bid on any Digital Assets. If you are between 13 and 18 years old, you must have the expressed permission of a parent or legal guardian who can accept these Terms on your behalf. You are responsible for anything that occurs when anyone is signed in to your computer, as well as the security of the account.
Collectors Rights
Collectors receive a cryptographic token representing the Creator’s Digital Assets as a piece of property, but do not own the creative work itself. Collectors may display and share the Digital Assets, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Assets, excepting the limited license to the Digital Assets granted by these Terms. Upon collecting Digital Assets, Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Assets legally owned and properly obtained by the Collector.
The Collector’s limited license to display the Digital Assets, includes, but is not limited to, the right to display the Digital Assets privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Assets; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Assets; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments.
Collectors have the right to sell, trade, transfer, or use their Digital Assets, but Collectors may not make “commercial use” of the Digital Assets.
The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s honor or reputation; (ii) use the Digital Assets to advertise, market, or sell any third party product or service; (iii) use the Digital Assets in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital Assets in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Assets; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Assets; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Assets, whether on or off of PLTFM’s Inc Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital Assets; or (ix) otherwise utilize the Digital Assets for the Collector’s or any third party’s commercial benefit.
Collectors irrevocably release, acquit, and forever discharge PLTFM and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for PLTFM use of a Digital Assets in accordance with these Terms.
Platform Content, Software, and Trademarks: You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by PLTFM Inc, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by PLTFM inc from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of PLTFM inc, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by PLTFM Inc.
PLTFM inc and The Area 55 Futuro Home name and logos are trademarks and service marks of PLTFM inc (collectively the “PLTFM Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to PLTFM. Nothing in this Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PLTFM Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of PLTFM inc Trademarks will insure to our exclusive benefit.
Third Party Material: Under no circumstances will PLTFM inc be liable in any way for any content or materials of any third parties (including Users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that PLTFM inc does not pre-screen content, but that PLTFM inc and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, PLTFM Inc and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Platform, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Assets, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Platform: With respect to the content, Digital Assets, or other materials you upload through the Platform or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant PLTFM inc and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising, or marketing thereof in any form, medium, or technology now known or later developed.
Any questions, comments, suggestions, ideas, feedback, or other information about the Platform (“Submissions”), provided by you to PLTFM Inc are non-confidential and PLTFM inc will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
PLTFM Inc may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of PLTFM inc, its users, and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: PLTFM inc respects the intellectual property of others, and we ask our users to do the same. If you believe that your work or our Creator’s works has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify PLTFM Inc. of your infringement claim in accordance with the procedure set forth below.
PLTFM Inc will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to PLTFM Inc Copyright Agent see below (Subject line: “DMCA Takedown Request”) :
Designated agent:
Joseph Anderson
Manatt, Phelps and Phillips, LLP
2049 Century Park East Suite 1700
Los Angeles, Ca 90067
Info@PLTFM.io
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, PLTFM Inc has adopted a policy of terminating, in appropriate circumstances and at PLTFM Inc sole discretion, Users who are deemed to be repeat infringers. PLTFM Inc may also at its sole discretion limit access to the Platform and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
User Agree to Cooperate with PLTFM Inc
Creators expressly agree to refund to the Collector and/or PLTFM Inc the entire portion of Fees received from the sale of a Digital Assets that was subsequently removed from the Site pursuant to an effective DMCA request to which the Creator failed to timely submit an effective DMCA Counter notification. PLTFM Inc will not be held liable to any User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the DMCA.
Creators, Collectors, and all Users expressly agree to cooperate and timely respond to PLTFM investigations, requests, and inquiries related to DMCA disputes or allegations of infringement. .
If any provision of this shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
