Terms of Use

Last Updated: 11/02/2023

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. BELOW, WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

EXPORT CONTROLS NOTICE: BY PARTICIPATING IN THIS SERVICE, YOU REPRESENT THAT YOU ARE NOT IN A SANCTIONED COUNTRY OR A “SANCTIONED PERSON,” AS DEFINED BELOW, UNDER UNITED STATES LAW.

INTRODUCTION

Elevate Pictures, Inc. (“Elevate Pictures,” “we” “us”) provides an online service, accessible at www.deadbeat.gg (“Website”), that, among other things, allows eligible participants to interact with one or more smart contracts in order to buy or mint non-fungible tokens (“NFTs”) associated with digital artwork (“Artwork”), together with other services, websites, smart contracts, software, tools, features, and functionality made available by Elevate Pictures (collectively, the “Services”).

You are entering into a binding agreement.

By accessing or using our Services, you are entering into a binding agreement with Elevate Pictures that includes: (a) these terms and conditions, which govern your access to and use of our Services, products, and properties including intangible property such as NFTs made available through our Services (“Terms”); (b) our Privacy Policy, which governs our collection and use of personal information and other data (“Privacy Policy”); and (c) any other terms, conditions, or policies linked to in our Terms or Privacy Policy. Therefore, please carefully review these documents. If you do not agree with the terms of these documents, you may not use our Services. If there is a conflict between these Terms and any other terms or conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.

We may modify these Terms.

We reserve the right to clarify or amend these terms by publishing an updated version of them to the Website. You acknowledge and agree that, in the event we publish a clarification or amendment of these Terms, your continued use of the Services will be contingent upon your acceptance of the updated Terms.

We may modify the Services.

We reserve the right, at our sole discretion, to change the URL of the Website or modify all or part of the Services without notice to you.

Our Services are for adults only.

The Services are intended solely for persons who are the age of majority in the applicable jurisdiction. Any access to or use of the Services by anyone under the age of majority is expressly prohibited. By accessing or using the Services, you represent and warrant that you are the age of majority.

You may use our Services to acquire NFTs from Elevate Pictures.

Eligible participants may, in accordance with these Terms, use our Services to acquire NFTs offered by Elevate Pictures, while supplies last. Elevate Pictures reserves the right to change any Artwork from the look and appearance that it had at the time of acquisition.

You must have a digital wallet capable of transacting using NFTs.

If you wish to acquire NFTs using our Services, you must own or establish a compatible digital wallet that allows you to purchase, store, and engage in transactions using cryptocurrency and NFTs (“Wallet”), and you must connect and unlock your Wallet through the Services. Once you submit an order to mint or purchase an NFT, your order is passed on to the applicable Extension (defined below), which completes the transaction on your behalf. Each NFT will be transferred to the Wallet of the acquirer of the NFT, and the transaction will be completed in accordance with these Terms. You are solely responsible for the security of your Wallet, including, without limitation, safekeeping the seed phrase, private keys, and password associated with your Wallet.

You are responsible for paying any necessary transaction fees and applicable taxes.

You must have enough funds in your Wallet to cover the total cost of your intended acquisition, including “gas” and any other applicable fees. All pricing and payment terms for our Services are as indicated at point of sale, otherwise on the Services, or in any applicable third-party terms, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, or applicable gas or other fees shall impact or excuse your obligations with respect to any purchase. You agree to bear sole responsibility for paying any and all taxes payable as the result of purchase, ownership, sale, transfer, use, and/or exploitation of any NFT or Artwork.

All transactions and sales are final, and all costs are non-refundable.

Once an NFT has been successfully sold and/or transferred, it may not be returned and the payment and any associated transaction (i.e., gas) costs will not be refunded.