ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT[www.thelobstars.com/lpf] (“Site”) OR ANY OF THE INFORMATION, CONTENT AVAILABLE VIATHE SITE MUST AGREE TO BE BOUND BY FOLLOWING TERMS AND CONDITIONS OF THISREGISTERED USER AGREEMENT AS AMENDED AND RESTATED FROM TIME TO TIME("Agreement"). CERTAIN FEATURES OF THE SITE ARE SUBJECT TO ADDITIONAL TERMS,GUIDELINES AND RULES POSTED ON THE SITE IN CONNECTION WITH SUCH FEATURES ANDALL SUCH ADDITIONAL TERMS, GUIDELINES, AND RULES ARE HEREBY INCORPORATED BYREFERENCE INTO THIS AGREEMENT.
Please note that, whilst we endeavour to provide accurate and up-to-date information, theSite and the Content may not be wholly accurate or up-to-date, complete, free of defects, andis subject to change, often at very short notice and in its sole discretion.
1. Contracting Parties
The Site, together with all content, data, and other materials contained therein (“Content”)are owned or controlled by PopCorn Group Ltd, a company registered in England with itsregistered office at 6 Cobb Street, London E1 7LB (“Company”, “we”, “us”, or “our”). WhenUser registers or otherwise accesses the Site and/or uses the Service, User is contracting withthe Popcorn Group Ltd. User must be at least 14 years of age to register an account to becomea member of the Lobstar Planet Foundation (“LPF”) and to use service – if User is under 18User must obtain the permission of User’s parent/guardian to register or access the Site oruse the Service.
2. The Service
The Site is an online marketplace offering the opportunity for User to (i) verify User’s non-fungible tokens (NFTs) created by artist Philip Colbert and Company (“Lobstars”), (ii) collectLobstar Credits (defined below), (iii) create a LPF membership card (“LPF Membership Card”)to gain access to events and other benefits, (iv) browse and make purchases from the onlinestore (“Service”).
An “NFT” is a non-fungible token (i.e. a unique item that cannot be transformed or changed,such as a one-of-a-kind trading card in the form of digital artwork with verified provenance).A Lobstar is a token, stored on the Ethereum blockchain, which serves as a record ofownership of the underlying artwork (or other rights and/or benefits) and cannot be deleted.Collectors may search, browse, click on links, purchase and re-sell Lobstars but shall acquireno intellectual property rights to any Lobstar other than the rights listed hereunder.
4. Lobstar Credits
User may obtain a limited licence to use Lobstar Credits: (i) by staking their unlisted Lobstars,or (ii) by participating in raffles organised by Company. "Lobstar Credits” is the credit system of the LPF and can be used by Users to acquire virtual and/or real items. Lobstar Credits donot have any value in real currency (i.e. they are not a substitute for real currency), and donot earn interest. Lobstar Credits cannot be redeemed for any other currency. All paymentsfor Lobstar Credits are final and not refundable, except as required by law. User may not useor distribute Lobstar Credits except through the Service and as expressly allowed by Companyfrom time to time. Any use or attempted use of Lobstar Credits in violation of these Termswill be void and may result in immediate termination of this Agreement, User’s Membership,User’s right to use the Site and/or the LPF. Company may create limits on Lobstar Credits ordo things that change the perceived value of Lobstar Credits at any time. Except for the limitedlicenses granted in these Terms, Company has and retains all rights in Lobstar CreditsIntellectual Property. Transactions that take place using Lobstar Credits are confirmed andmanaged via the Ethereum network and any transaction that User engages in will beconducted solely through the Ethereum network. Company has no information on or controlover these payments or transactions. Company shall have no liability to User or to any thirdparty for any claims or damages that arise as a result of any transaction that User engages invia the online shop available on the Site, except in relation to Physical Items to the extent setout below. User acknowledges and agrees that User’s public blockchain address will be madepublicly visible whenever User engages in a transaction using the Lobstar Credits. Ethereumrequires the payment of a transaction fee, a so-called “Gas Fee”, for every transaction thatoccurs on the Ethereum network. User acknowledges and agrees that User must pay a GasFee for each transaction that occurs via LPF and that such payment is not part of the Serviceor otherwise related to Company.
User’s access to Lobstar Credits is dependent on User’s collection of Lobstars NFTs and otherNFTs being produced by Company. As such, to fully enjoy the Site and the LPF and to fully usethe Service, User must connect User’s digital e-wallet (“Wallet”) to the Site.
6. LPF Membership
Access to the Services and the creation of User’s LPF Membership are provided by a thirdparty private key manager elected by an unrelated third party (e.g. a Wallet, a Web3 provider,a USB interface, etc). User shall be solely responsible for security related to access and allinformation provided to such third party private key manager. User shall be solely responsiblefor all activities conducted through User’s Membership whether or not User authorises suchactivity. In the case of fraud or illegality of any kind or other conduct which violates theseTerms (whether by User or someone else) relating to User’s Membership, Company maysuspend or block User’s membership without liability to Company.
7. LPF Membership Card
Each owner of a Lobstar shall be entitled to create LPF Membership Cards using the toolsprovided on the Site and is granted an exclusive, limited license to access, use, or store suchLPF Membership Card solely for User’s personal, non-commercial purposes. LPF MembershipCards are a limited-edition digital creation based upon content owned or controlled byCompany. Unless otherwise specified, User’s creation of an LPF Membership Card does notgive User the right to publicly display, distribute, sell or otherwise reproduce the LPFMembership Card or its content for any commercial purpose. User further agrees that User isnot receiving any copyright interest in the LPF Membership Card or its content, and that Company may sell at any time license, modify, display, broadcast and create derivative worksbased upon User’s LPF Membership Card or its content and any commercial exploitation ofthe LPF Membership Card may subject User to claims of copyright infringement.
8. Online store
User may use Lobstar Credits to acquire physical goods offered on the Site (“Physical Items”)and/or interactive content including without limitation digital items and games to be used onthe LPF and other metaverses accepting the use of NFTs (“Digital Items”) (the Physical Itemsand the Digital Items, together the “Lobstar Items”). By placing an order on the Site topurchase a Lobstar Item, User acknowledges and agrees that User is submitting a binding offerto purchase a Lobstar Item.
Company reserves the right, but is not obligated, to limit the sales of or quantity of LobstarItems to any person, geographic region or jurisdiction and/or to limit the quantities of anyproducts or services that Company offers. All descriptions of products or product pricing aresubject to availability and any change at anytime without notice, at the sole discretion ofCompany.
Company shall not be liable for any loss or damage arising from User’s mistakes in providingtheir physical and email addresses and Company will not be liable for the delivery of User’sPhysical Item as a result of User supplying Company with incomplete information for theirOrder.
Company will use reasonable efforts to deliver Physical Items within the stated timescales,however delays are occasionally inevitable due to unforeseen events outside of Company’scontrol including without limitation material shortages, travel or transportation disruption,import delays or higher-than-anticipated demand. Company shall not be liable for any delayor failure by Company to deliver Physical Items within the stated timescales for any reason.
Users in the UK and EU have a statutory right to cancel any purchase of a Physical Item at anytime up to fourteen (14) days after receipt of the Product once returned in a saleablecondition within twenty-eight (28) days unused and in the original packaging with garmenttags, dust bags or authenticity labels and any other security devices or seals still attached andintact. Company reserves the right to consider the condition of any Physical Item that Userwishes to return and make any deductions if there are indications that the Physical Item, itstags, security devices or seals have been used, removed, broken or tampered with.Company reserves the right to limit or prohibit orders that, in Company’s sole judgment,appear to be placed by dealers, resellers or distributors.
Digital Items are delivered to User’s linked Wallet and User acquires a licence only to use theDigital Item only as detailed hereunder. Digital Items are for non-commercial private use andmay not be used for commercial purposes. Company has made efforts to display as accuratelyas possible on the Site, but colours and images may not be accurate.
9. Intellectual Property Rights
Any and all licensed rights to each purchased Lobstar Item are as specified on the Site, but shall include (at least) the worldwide, non-assignable, non-sublicensable, royalty-free right to visually display the purchased Lobstar Item privately or publicly for the purposes of communicating ownership, sharing, and/or for purposes of onward sale via the Site or anyother marketplace, exchange or platform. User may not use the underlying artwork or anyLobstar Item for any other purpose.
Unless otherwise stated herein, Company owns or controls all intellectual property rights inthe Site and the Content. User may not publish, distribute, extract, re-utilise, or reproduceany part of the Site or the Content in any form (including storing it in any medium) other thanas expressly allowed herein or as set out in the Site and the Content (or under applicable law).The brands, products and service names used or appearing within the Site (including, withoutlimitation, “Lobstars” and “Colbert”) are the trademarks or trade names of Company or itstrading partners (unless otherwise stated). User may not distribute products or offer servicesunder or by reference to or otherwise use or reproduce any such trademarks or trade nameswithout the prior written consent of Company.
10. User Code of Conduct
User agrees to obey all applicable laws in using the Site and agrees that User is responsible for the materials and/or communications User uploads to or initiates via the Site. User agrees that User is responsible for everything that User posts or transmits to and/or via the Site. By accessing and using the Site and the Service, User undertakes to NOT:
- use the Service or the Lobstars Items or the Lobstars NFTs in a way which contravenes or derogates from these Terms
- modify or prepare any derivate work based upon any Lobstar Items and/or the Lobstars NFTs and/or the LPF Membership Cards (or any rights vested therein);
- use the Site or the Service for any advertising, marketing or commercial activity of any kind;
- use the Lobstars and/or the Lobstar Items and/or the LPF Membership Cards in any commercial or promotional way
- use the Service or any Lobstars and/or the Lobstar Items and/or the LPF Membership Cards for any illegal or unauthorised purpose including but not limited to creating or displaying illegal content of any kind;
- use the Service or display any Lobstars and/or the Lobstar Items and/or the LPF Membership Cards in any way that might promote, self-harm or discrimination or incite hate or violence or encourage or promote any activity that brings Company into disrepute and/or derogates from these Terms;
- use the Site, the Service or any Lobstars and/or the Lobstar Items and/or the LPF Membership Cards to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including the rights of publicity, and privacy rights, or harvest or collect personally identifiable information about other users of the Site;
- use the Site, the Service or any Lobstar NFTs and/or the Lobstar Items and/or the LPF Membership Cards in a manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (in Company’s reasonable opinion);
- purchase any Lobstars and/or Lobstar Items and/or LPF Membership Cards if User is on the list of persons named in relation to financial and investment restrictions as provided by any applicable Government (as amended from time to time);
- reverse engineer, disassemble, decompile, or otherwise attempt to obtain the source code or structure, sequence, ideas, information, and organisation of all or any part of the Site;
- attempt to circumvent any content-filtering techniques or attempt to access any feature or area of the Site that Users are otherwise not authorised to access;
- use the Site or Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from enjoying the Service, including by distributing a virus, “Trojan Horse”, hardware, crawlers, data mining tools, robots, or any other harmful code, or through unauthorised access to the Site or other users’ accounts;
- copy, imitate, or use, in whole or in part, any trademarks, registered or unregistered IP rights, product names, and logos displayed on the Site or the Service without the permission of the applicable right holder;
- allow or assist anyone else to use User’s Wallet to access or use the Site or the Service;
- assist anyone who is not a User to obtain access to any secured area of the Site;
- engage in phishing or obtaining financial or personal information for fraudulent or misleading, or other unlawful or malicious purposes;
- use the Site, the Service, or any Lobstars and/or Lobstar Item and/or LPF Membership Cards for money laundering, terrorist financing or other illegal finance;
- use any Lobstars and/or the Lobstar Item and/or LPF Membership Cards in connection with any product, service, lobbying effort, business, political or charity campaign, or in any manner that could suggest or imply Company’s connection, affiliation, sponsorship or endorsement of any product, service, lobbying effort, business, political or charitable campaign, or in any manner that is likely to cause confusion or tarnish our rights in the Lobstar NFTs and/or the Lobstar Items and/or the LPF Membership Cards;
- pose as another person or claim a username for name squatting;
- use any Content or the Site in any way that would create a separate content service or that replicates any part of the Site, the Service, or the Lobstars and/or the Lobstar Item and/or LPF Membership Card;
- attempt to sell, lease or trade any Lobstar “off-chain” or on any non-publicly accessible service;
- use the Site, the Service or any Lobstars and/or Lobstar Item and/or LPF Membership Card in a way that might give anyone rights to participate in a so-called “Initial Coin Offering” or any securities offering, or other offering where purchased items are redeemable for securities, commodities, or other financial instruments;
- use the Site, the Service, or any Lobstars and/or Lobstar Item and/or LPF Membership Card in any financial or other activity that may require governmental registration or licensing.
11. Risks associated with NFTs
User acknowledges that Company’s smart contracts within NFTs may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of a blockchain (i.e. "forks"), which can adversely affect a smart contract and may expose User to a risk of loss, forfeiture of User’s digital currency or Company items or lost opportunities to buy or sell NFTs, Company shall not be liable for any such loss or failure.
User acknowledges and agrees the following risks to User when accessing the Site and/or using the Lobstars and/or Lobstar Items and/or LPF Membership Cards:
- Company does not warrant the accuracy or fairness of any price listed on the Site or Service;
- Unexpected surges in activity or other operational or technical difficulties can occur as a result of using blockchain technologies;
- The regulatory and tax regime governing blockchain technologies, NFTs, cryptocurrency, and any crypto-based items is uncertain. As a result, legislative and regulatory changes, or actions at state or international level may materially adversely affect the development and use of the Lobstars and/or Digital Items, and the use, utility, transfer, exchange or value of the Lobstars and/or Digital Items. User is solely responsible for determining what, if any, taxes and/or regulatory regimes apply to User’s transactions;
The Lobstar Planet Federation, is the next step in the journey for holders of The Lobstars NFT project, by Philip Colbert. Members of the LPF have been tasked with the challenge of collecting resources, developing Lobstar friendly flight technology and eventually embarking on the lead mission, to find and inhabit a new Lobstar Planet.
If you own a Lobstar and have initiated your membership you will start receiving Lobstar Credits as soon as you Den your Lobstar(s).
1. To find and formulate the next frontier in inter-planetary LobstAr Travel and WEB3 Technologies
2. Assembling like minded individuals (Lobstars) to begin assembling and developing the tools to search for a more inhabitable world to call home.
3. To develop the tools and technology in order to begin the journey for a more inhabitable world to call home.
Lobstar Credits are an off-chain point system set to reward our Lobstar community. Credits can be exchanged for a variety of Physical, Digital & Web3 items and rewards including: clothing, merchandise, art, wearables and most crucially, the ability to embark on our journey. A journey where no Lobstar has ever been before! The Lobstar Credits will eventually be transferred into Lobstar Coins, more TBA.
You can initiate your membership to the LPF by owning one or more Lobstars and connecting your wallet.
The Lobstars can be found on any major secondary marketplace such as Opensea or Looksrare!
If you own one or more Lobstars, as soon as you initiate your LPF Membership, you will automatically earn credits for each UNLISTED Lobstar you own & depending on the tier you're in.
We will soon launch the LPF store which will be filled with Physical and Digital goods that you will be able to use your credits on. The credits will also later on be used for important elements of the Lobstar storyline development.
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