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Terms of use

welcome to the quest of evolution

Before you decide to be part of our creative community, share your inspirations with other members through our website http://thequestofevolution.com ("Website") and benefit from the services provided by us (“Services”), please read these Terms of Use which establish the rules governing all collaborative works generated within our community (“Terms of Use”).These Terms of Use constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as "you", "your", “User” or “Contributor”) and The Quest of Evolution ("we", "us", "our", “TQOE” or “Quest of Evolution”) and govern the rules regarding all generated content through our Website and Services and any content you decide to add to the storylines of each NFT, unless we have executed a separate written agreement or provided specific terms with you for that purpose. Remember that your rights and obligations may differ, depending on your relationship with us and with our creative community. For more detailed information on what your rights and obligations are, depending on whether you are a User, Architect or Contributor of content, please consult the adequate section below and if you have any queries contact us at: support@thequestofevolution.com

Acceptance of these Terms of Use

You acknowledge that by contributing to storylines, browsing, or otherwise using our Website or Services or any part of it, you are at least 16 years old and have read, understood, and accept these Terms of Use and agree to be bound by them. If you do not agree with any of the rules set forth or if you are under 16 years of age, you are prohibited to use our Services.

Our creative community and the Services we provide

We seek to develop a creative environment that launches multimedia NFTs in a multi-chain platform which includes Moonbeam (GLMR), Polygon (MATIC), Etheruem (ETH), Avalanche (AVAX) and Binance (BNB). NFTs are created by artists known as “Architects” and enable people to add their inspirations to those creations, becoming “Contributors” to the Quest of Evolution ecosystem and joining the Quest of Evolution community, ultimately contributing to create a finished work (the “Novel” or the “Crypto-Novel”).

Architects

Architects will provide the foundations and the initial landscape for our Crypto-Novel. They will determine how the story begins, but not how the story ends or what happens in between. They plant fundamental cues that inspire and frame collaborative input. We work with a combination of inventive artists to guarantee that our Novel starts in the best possible way, but our success will depend on the imagination of our community and the creativity of each of our Contributors.

Contributors

Contributors will be able to participate on an existing work by adding content to their purchased NFT, and through their contribution, become part of our community, being rewarded as explained hereinbelow. However, remember that if you want to become a Contributor you will have to share your creativity with our community and participate in the development of each Novel.

Users

Not everyone is an artist, but anyone can be part of our community. If you like the works being developed within the Quest of Evolution you will be able to own a digital asset of a work.

Our Community’s NFT’s and associated rights and obligations

When you buy one of our NFTs you will own the underlying asset but not the Intellectual Property Rights (IPRs). You are responsible for any loss or damage to, or loss of access to, the NFT and neither The Quest of Evolution nor any other Community member shall have any liability in such circumstances, regardless of cause. Subject to your continued compliance with these Terms of Use, when you buy one of our NFTs, The Quest of Evolution grants you:

i) a limited, worldwide license to use, display, the Community’s NFT for the purpose of creating derivative works (based upon the purchased NFT) by including your creativity to the existing storyline.

When contributing to an NFT:

ii) one (1) Chain Unit of the Chain’s Royalty Pool (terms as defined hereinbelow);

iii) one (1) Bonus Unit of the Bonus Royalty Pool (terms as defined hereinbelow);

iv) Future DAO Membership;

v) 200 Native $QEV Token grant.

THE ROYALTY POOLS

From any sale of any NFT minted by The Quest of Evolution and deployed in a given Blockchain and their subsequent NFTs, a 10% of the price will automatically accrue to a royalty pool of the Blockchain in which the NFT was deployed (the “Chain Royalty Pool”), in which all existing and incoming members of said Blockchain’s TQOE ecosystem will be automatically assigned a stake (hereinafter a “Chain Unit(s)”), diluting with the inclusion of future Chain Unit holders. Quantities accrued to the Chain Royalty Pool shall be distributed from time to time equally per Chain Unit among the holders of Chain Units at the time of said distribution. There will be only one Chain Royalty Pool for each Blockchain in which Quest of Evolution NFTs are deployed. 

Members of the Quest of Evolution community will earn access to Chain Units under the following scheme: /a/ for each first NFT minted and sold based on an Architect’s artwork, (i) such Architect will earn five (5) Chain Units (ii) five (5) Chain Units will be allocated to a charity chosen by the Quest of Evolution; and (iii) five (5) Chain Units will be allocated to TQOE, Lda.; and /b/ for each valid contribution made by a Contributor to a purchased NFT, such Contributor will earn one (1) Chain Unit.

From any sale or licensing of any IPRs collected by TQOE, Lda., a ten percent (10%) of the paid sale or licensing price will automatically accrue to a bonus royalty pool (the “Bonus Royalty Pool”) in which the respective Architect, the Contributors to the respective NTF, a charity chosen by the Quest of Evolution, and TQOE, Lda. will be assigned a stake (hereinafter a “Bonus Unit”). Quantities accrued to the Bouns Royalty Pool shall be distributed equally per Bonus Unit among the holders of Bonus Units of the respective Bonus Royalty Pool upon payment of the sale or licensing price. There shall be as many Bonus Royalty Pools as Novels created.

Members of the Quest of Evolution community will earn access to Bonus Units under the following scheme: /a/ for the artwork included in the first minted NFT, (i) it’s Architect will earn five (5) Bonus Units, (ii) five (5) Bonus Units will be allocated to a charity chosen by the Quest of Evolution; and (iii) 5 (five) Bonus Units will be allocated to TQOE, Lda.; and /b/ for each valid contribution made by a Contributor to a purchased NFT, incorporated into the finished Novel, such Contributor will earn one (1) Bonus Unit.

Ownership of creations you decide to share with our community

You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights regarding content to you. When you own an NFT you will be able to add your inspirations to their existing storyline and actively participate in the creation of our Community’s Novels. Any content and contribution you decide to include to the storyline becomes sole and exclusive property, immediately upon posting your contribution, of The Quest of Evolution (TQOE Lda., a company incorporated in and existing under the laws of Portugal), and you agree to waive and irrevocably and exclusively assign to TQOE Lda., all right, title and interest you may have and, to the extent that such rights may not be waived or assigned, you agree not to assert such rights against TQOE Lda. or its licensees (and sublicensees), successors or assigns and grant a worldwide, exclusive, perpetual, royalty-free, transferable, sub-licensable license to use that content.

No subordinate employment relationship can emerge from this Agreement. The Provider shall not be considered, for any purposes, as a legal representative of Quest of Evolution, not having been assigned any powers to bind Quest of Evolution to any legal obligations.

Your responsibility for content added to our storyline

When you buy one of our community’s NFTs you will be able to participate in their storyline. Our community welcomes your ideas and believes that your contribution to the narrative should have no limits. However, please remember that you will be legally responsible for all content you decide to add to the storyline. Please note that our community will need a 48 hour period to validate your contribution. Any rights arising for you as a Contributor, from the present contract, may only be exercised and shall only be valid, after the expiry of the aforementioned period. By contributing with your content to the storyline, you hereby represent and warrant that, the content you are adding (“Added Content”):

i) is an original work and that you solely own that content or have the right to share it and legally transfer and assign those rights, as provided under these Terms of Use;

ii) has not been subject to any license or other contract granting rights therein to any other party;

iii) is not subject to any proceeding or outstanding order or settlement agreement or stipulation that may affect the validity, use or enforceability of the Added Content;

Use of our Services and Website and our rules regarding your interaction with our Community

You must use our Services and access our Website in a responsible, cautious and careful manner, and must not use the Website in any way that causes, or may cause, damage or impairment of the availability or compromise the accessibility to our Services or Website. You must not use our Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or which imply a (i) violation of third party rights, (ii) offensive acts towards public order, including threatening, malicious, abusive, offensive, defamatory, harassing, obscene or indecent acts, or (iii) the promotion of hatred, violence or racial, political or religious intolerance.

You are expressly forbidden from using the Website to disseminate any material that contains virus, worms, defects, trojan horses or other item or computer codes, files or programs that may interrupt, destroy, or limit the functionality of any computer system, shared and Added Contents or communications equipment or which may adversely affect the Quest of Evolution’s image or the image and good name of any member of our community.

You agree not to (or attempt to) use or launch any automated system (including, without limitation, any non-authorised bots, robots, spider or any automated process) that may cause any limitations to the Service or with the intent of manipulating or taking over the Service or harm our creative community or Website;

You must not (or attempt to) interfere with our Service, circumvent, disable or otherwise restrict any of our security related features, or through usage of reverse-engineering, decompiling, disassembling or modifying our Website. You are expressly forbidden to conduct any automated or systematic data collection activities (including without limitation, data mining, scraping, data extraction or data harvesting) on or in relation to our Services or Website without the Quest of Evolution’s express written consent. For any issues regarding how we process your personal information, please visit our Privacy Policy.

Our commitment regarding the operability of our Services and Website

We may suspend, block, stop or cease access to our Website, for all or only one or more Contributors or Users, in the following cases:

● When necessary to ensure the security of, namely, communication channels, equipment or information;
● When necessary due to technical, strategic, legal or business constraints;
● When it has strong suspicions of abusive or fraudulent use by you or a third party including the use of robot, spider, crawler, scraper, farming or any automated means or interface to access the Website, contribute to the storyline or extract other users’ information or our Intellectual Property;
● When required by its management, maintenance, repair, modification or update operations of the equipment, systems or any of the Website’s functionalities;
● In other circumstances duly justified, including, in particular, in the event of non-compliance by you of your obligations under these Terms of Use.

Remember that the Quest of Evolution may, at any time, permanently or temporarily, in whole or in part, and at its discretion, shut down the Website or stop providing the Services or any of its functionalities without prior notice.

The Quest of Evolution reserves the right to ban access or refuse contributions when the behaviour of any individual User or Contributor, is likely to harm the community, the Quest of Evolution ecosystem or its creative process and when the reiterated behaviour of any participant may affect the principles on which our community is founded.

Termination

We may, in our sole discretion at any time, for any reason or no reason, and without notice or liability, immediately terminate your access to all or any part of our Website or Services and any of the NFTs.

Your acknowledgment of existing risks

You acknowledge by using our Website and Services that the purchase and use of Internet-based digital assets such as NFTs and cryptocurrency, carry associated risks, including, but not limited to, malicious software introduction or the risk that third parties may obtain unauthorised access to information stored within your electronic wallet. You accept and acknowledge that TQOE, Lta. or the Quest of Evolution community will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any blockchain network, however caused.

You also acknowledge, by using our Website and Services that you are aware that the prices of digital assets such as NFTs can be extremely volatile and subjective, and that these assets have no inherent, basic, or intrinsic value. Please remember that, the digital assets associated to our community intend to stimulate creativity and produce a collective work, and should not be considered as a security or financial instrument or used for investment purposes.

Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold harmless the Quest of Evolution community, TQOE, Lda. and it’s affiliates, directors, officers, licensors, employees, stockholders, agents, partners, suppliers or content providers, from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) arising out of (i) your access to or use of our Website and the Services; (ii) your content; and (iii) your breach of these Terms of Use.

The Quest of Evolution and/or TQOE, Lda. take no responsibility and assume no liability for:

● any indirect or consequential losses which may be incurred in relation to the Service we provide or that may result from any content posted or shared by you or any other User;
● your failure to keep your account details, password or any other User information secure and confidential;
● any loss or unavailability, damage, corruption of content stored, communicated or transmitted by or through your use of the Service, including loss or damage of the NFTs;
● any loss of profit, opportunity, goodwill or business reputation suffered by you, in relation to the Service provided or resulted from any content posted or shared by you or any other User;
● any permanent or temporary unavailability of the Service or Website;

Disclaimer of warranties

AN NFT THAT YOU OWN WILL BE TRANSFERABLE, BUT ANY TRANSFEREE WILL BE SUBJECT TO THESE TERMS OF USE. NFTS THAT WE PROVIDE ARE UTILITY TOKENS TIED TO THE UNIQUE EXPERIENCES OF ALLOWING YOU TO PARTICIPATE IN THE CREATION OF A COLLECTIVE WORK WITHIN THE QUEST OF EVOLUTION ECOSYSTEM. YOU SHOULD NOT PURCHASE OUR NFTs WITH A VIEW TO RESALE, OR FOR INVESTMENT OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.

USE OF THE WEBSITE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, EXCLUSIVE OF ANY WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTY OF UNINTERRUPTED SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.

THE QUEST OF EVOLUTION MAKES NO WARRANTY THAT (I) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE NOVEL WILL BE COMPLETED OR SOLD; (III) THE QUALITY OF THE WEBSITE, SERVICES, FUNCTIONALITIES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

IN NO EVENT WILL THE QUEST OF EVOLUTION AND/OR TQOE, LDA., ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS OF USE FOR ANY LOST PROFITS, LOST REVENUES, LOSS OF REPUTATION OR GOODWILL, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING). THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

In addition to the above mentioned, The Quest of Evolution and/or TQOE, Lda. shall not be liable for damage or losses of any kind that may result from:

● Use or inability to use the Website, including, in particular, delays, interruptions, errors, interference and suspension of communications, omissions, trojan horses, viruses, bugs, and damages and/or malfunctions;
● Delays or usage blockages caused by deficiencies or overloads of the Internet or other electronic systems;
● Suspension, malfunction or unauthorized use of the servers on which the Website is hosted;
● Illegitimate or illegal actions of third parties.

Validity of the Terms of Use

If any section, term or provision of these Terms of Use is held invalid or unenforceable by a competent court of the country you live in, such invalidity shall not affect the validity or operation of any other section, term or provision, and such invalid section, term or provision shall be deemed to be severed from the Agreement.

Amendments to the Terms of Use

The Quest of Evolution reserves the right to amend, modify, update or remove, in whole or in part, at any time, without prior notice and with immediate effect these Terms of Use. You should review these Terms of Use from time to time to confirm if any updates or changes were made hereto.

If we amend the Terms of Use, we will post the relevant changes on our Webpage and highlight any relevant changes. However, your continued use of our Services and Webpage after any such changes, will be interpreted as your acceptance of the Terms of Use as amended. If you do not agree to abide by these or any future Terms of Use, you should not use or access (or continue to use or access) our Website and Services.

Governing law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Portugal. Any disputes arising from these Terms of Use shall be settled by the courts of Lisbon, Portugal, with express waiver of any other, to the maximum extent permitted by the applicable law.

COPYRIGHT 2022 THE QUEST OF EVOLUTION, TQOE Lda. Edifício Diogo Cão, Doca de Alcântara Nort, 1350-352, Lisboa, Portugal