LEVELS.ART TERMS OF USE

Effective Date: February 15, 2023

Welcome to Levels.art (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between users of the service (“you” or “user”) and Venture Punk Inc. and all affiliated or related entities (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website without limitation, the creation, purchase, sale, exchange, or modification of certain digital assets; and software or other applications provided on, or in connection with, those services (collectively, the “Services”). Certain features of the Service are subject to additional guidelines, terms, or rules (“Supplemental Terms”) applicable to your use of each such feature. All such Supplemental Terms are incorporated by reference into the Agreement. If the Agreement are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such features of the Service.

LEVELS.ART OFFERS A PLATFORM FOR CREATORS, BUYERS AND SELLERS OF DIGITAL ASSETS AND ANY NON-DIGITAL PRODUCTS, SERVICES AND/OR BENEFITS TO BE FURNISHED BY OR ON BEHALF OF SELLERS IN CONNECTION WITH SUCH SALES. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. WE FACILITATE TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT ARE NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OR OTHERWISE BETWEEN ANY USERS OF THE SERVICE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, IF YOU USE THE SERVICE TO MAKE A PURCHASE, THE SELLER SHALL BE AN INTENDED THIRD-PARTY BENEFICIARY OF THE AGREEMENT WITH RESPECT TO THE ITEM(S) (AS DEFINED BELOW) SOLD AND SELLER’S RIGHTS WITH RESPECT THERETO. YOU AGREE THAT WE SHALL NOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF, RELATING TO, ASSOCIATED WITH OR RESULTING FROM, ANY DISPUTES BETWEEN YOU AND ANY SELLER OF AN ITEM IN RESPECT OF THE USE, MISUSE, PROVISION OR FAILURE TO PROVIDE ANY ITEM.

YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ITEMS YOU PURCHASE THROUGH THE SERVICES. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, WE MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ITEMS OFFERED FOR SALE ON OR THROUGH THE PLATFORM AND ANY IMPLICATIONS TO THE CONTRARY ARE HEREBY SPECIFICALLY DISCLAIMED.

PLEASE NOTE THAT SECTION 14 OF THE AGREEMENT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL OR BENCH TRIAL ON YOUR CLAIMS.

THE AGREEMENT IS IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON, , SELLING OR PURCHASING ITEMS THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THE AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE OR PURCHASE ANY ITEMS.

  1. Acceptance of this Agreement.

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

To use the Website or any other Services, you must be (i) at least 18 years old, (ii) not a competitor of or using the Services for purposes that are competitive with the Company; (iii) maintain the security of your Digital Wallet and accept all risks of unauthorized access to your Digital Wallet and to the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Service.

By accessing or using the Services, you represent and warrant that:

  1. you meet all the foregoing eligibility requirements;
  2. you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent;
  3. buy, sell, rent, or lease access to the Services without our written permission;
  4. log in or try to log in to access the Service through unauthorized third party applications or clients;
  5. All information provided by you or on your behalf to Company and/or its third-party designees, including any address and social security number or tax ID number, each is accurate and complete. You further represent that you; any of your affiliates; any other person having a common economic or beneficial interest with you, or if you are an entity, in you; or any person or entity for whom you are acting as agent or nominee in connection with the Agreement is not: (A) a country, territory, entity or individual named on an Office of Foreign Assets Control of the United States Treasury Department (“OFAC”) list as provided and updated from time to time at http://www.treas.gov/ofac, or a Person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; nor (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure;