Effective Date: January 17, 2023
Welcome to our Beta. Before you begin using the Tellie platform and the products, services, and features we make available to you as part of the platform, including Tellie Collections (collectively, the “Service”), please read these Beta Terms of Service (“Agreement” or “Terms”), and our Privacy Policy ([Link to Privacy Policy]) which govern your use of the Service. Clicking on the “Sign In” button and/or using the Service creates a binding contract between Strimmerz Media, Inc. (“Tellie,” “us,” or “we”) and you (“User” or “you”) and constitutes your acceptance of all terms and conditions of this Agreement without modification.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS. THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT, WITH LIMITED EXCEPTIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1. Introduction: Tellie provides a web3 platform to help creators of content find and connect with their audience without giving up rights of ownership in the content they create. Content creators can maintain token-gated pages on the Ethereum, Polygon, Flow, Binance Smart Chain and Avalanche blockchains. With Tellie Collections, creators can now mint non-fungible tokens (“NFTs”) on Polygon and sell them directly to fans. With the launch of Collections, Tellie users can discover and interact with each other directly to purchase, sell or transfer non-fungible tokens “NFTs” on public blockchains. Tellie is not a wallet provider, exchange, broker, financial institution or creditor. We do not have custody or control over the NFTs or blockchains you interact with on Tellie and we do not execute or effectuate purchases, sales or transfers of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.Tellie is not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, functionality or authenticity of NFTs or users visible on the Service, and any content associated with such NFTs or users.Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become a part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
2. Accessing the Service – Use of Wallets: Your blockchain address functions as your identity on Tellie, so you need a blockchain address and third-party wallet to access the Service and perform NFT transactions on Tellie.
By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable wallet provider. Wallets are not operated by, maintained by, or affiliated with Tellie and Tellie does not have custody or control over the contents of your wallet. Tellie has no ability to retrieve or transfer the contents of your wallet. Tellie accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet or become concerned about the security of your wallet for any reason, you should contact your wallet provider.
You are solely responsible for your Tellie account and any associated wallet and Tellie is not liable for any acts or omissions by you in connection with your account or as a result of your Tellie account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect or become concerned about any security issue related to the Service or your Tellie account: https://telliesite.zendesk.com/hc/en-us/requests/newYour access to and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Tellie, in its sole discretion, may elect to take. If your Tellie account becomes inactive for six months or longer, as determined by Tellie in its sole discretion, you understand that Tellie may disable your Tellie account**.**
3. Transaction Fees/Service Fees: All transactions on Tellie, including without limitation minting, tokenizing, bidding, listing, offering, or confirming, are facilitated by smart contracts existing on the Polygon network. The Polygon network requires the payment of a transaction fee (“Gas Fee”) for every Tellie transaction occurring on the Polygon network, which Gas Fee is absorbed by Tellie, and not passed through to the User. Because Gas Fees change, often unpredictably, and the amount of any Gas Fee is entirely outside the control of Tellie, a service fee of 7.5% (the “Service Fee”) is deducted by Tellie from the sale proceeds of each NFT transaction completed using the Service. Additional transaction fees such as conversion fees, pool fees, swapping fees and other third-party fees may apply to any transaction on Tellie. Like with Gas Fees, Tellie does not control, set or otherwise influence the amount of these fees in any way. You acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on Tellie be invalidated, canceled, revoked, or otherwise unenforceable on the basis that the Gas Fee or any other fee associated with the given transaction was unknown, too high, or otherwise unacceptable.
4. One-Time Payments and Subscriptions. Tellie offers three tiers of service, as outlined below, to enhance your experience and features of the Services (or certain portions thereof). When you subscribe to a paid tier you agree to pay such fees, as outlined below. You have the option of making either a one-time payment (“One-Time Payment”) annually or monthly installment payment when purchasing a subscription (“Subscription”) for such use.Tellie Tiers of Service:TTier 1: Free Plan (“Tier 1”). The Tier 1 plan is free, and constitutes the default tier when you use our Service;Tier 2: Site Builder (“Tier 2”); Tier 3: Commerce (“Tier 3”).
5. General. Whether you make a One-Time Payment annually or monthly installments to purchase a Subscription to Tier 2 or Tier 3 (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, Checkout.com) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. Please review the Checkout.com and Chargebee (our subscription manager) Terms of Service linked here, as by purchasing a Subscription you are agreeing to comply with any applicable terms therein.
6. Subscriptions. If you purchase a Subscription, you will be charged the annual or monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each year or month thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE TELLIE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. No less than thirty (30) days and no more than sixty (60) days before your Subscription term ends, or otherwise in accordance with applicable law, Tellie will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Tellie. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
7. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected]. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
8. Eligibility: You acknowledge and agree that you are an individual person at least 13 years old. Any registration, use, or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. Tellie reserves the right to remove any User who is not eligible to participate in the Beta or who is otherwise not appropriate to participate as reasonably determined by Tellie.
9. Compliance with Laws: You represent and warrant that you will comply with all applicable local, state and federal laws when using the Service. Without limiting the foregoing, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list or prohibited, sanctioned or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Tellie may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation may require, or to investigate a potential violation of these Terms. In such cases, Tellie, in its sole discretion, may disable your Tellie account and block your ability to access the Service until such additional information and documents are processed by Tellie. If you do not provide complete and accurate information in response to such a request, Tellie may, in its sole discretion, refuse to restore your access to the Service.
10. Account: To join the Beta, you must sign in and provide accurate and complete information when prompted and update your information when and as needed. Your registration information will be used by Tellie in accordance with Tellie’s Privacy Policy. You are not permitted to share access to your Account nor are you permitted to access the Service through any Tellie account not registered to you. Tellie retains the right to revoke your Beta Account at any time.