Terms of use

1.1. These Terms of Use are intended to regulate the acquisition of the Spriz NFT Series developed by ReservaX. The Spriz NFT Series are unique digital tokens. This is possible because a Spriz NFT Series is a crypto asset represented by a non-fungible token registered on a blockchain.
In addition, the Spriz NFT Series is a Phygital (Physical + Digital) asset, which means that it also represents a real and a physical asset, in this case, a pair of an exclusive collectible sneakers from the Reserva brand.

1.2. ReservaX will launch 4 (four) categories of NFTs for acquisition, namely: Asphalt, Citadel, Stellar and Turmoil.

The dates and the form of delivering the benefits, the amounts of each category and the values ​​​​of the NFTs will be disclosed through our official channel (discord.gg/reservax) and the other informed communication channels.

The project roadmap will be posted and updated periodically on the usereserva.com/x website.

ReservaX has the right to make changes, at its sole discretion, to the amount of the Spriz NFT Series, available categories, as well as make changes to the number and types of benefits.

2.1. After completing your registration, according to the information requested in the Privacy Policy, you will be able to enjoy the benefits offered by the acquisition of the NFT and linked to it.
From now on, you are aware that false or untrue information recorded or provided may constitute crime.
In addition, you are also responsible for protecting the confidentiality of your login and password and/or the private key(s) that control your account(s) or relevant blockchain addresses through which you interact with NFT offers.

2.2. Reserva will have its own environment for validation of the digital assets, through which token holders will be able to validate their NFTs to enjoy exclusive benefits and experiences.

2.3. Reserva has the right to use all valid and possible means to identify the Users of the application, being able to request additional data and documents that it deems necessary to verify the personal data informed.

2.4. The Platform may also temporarily or permanently disable registrations that present any untrue information or that cannot be confirmed by the Users.

2.5. Reserva has the right to prevent, at its discretion, new registrations or cancel those already made in case of an abnormality that it considers, in its analysis, to be covered by a serious error or demonstrate a deliberate attempt to circumvent the rules described here, mandatory for all the Users.

2.6. Registrations on the Platform are individual and non-transferable, so you must inform us immediately of any unauthorized use of your account. We will not be liable for any damages or losses arising from the use of your login and password by a third party, with or without your consent.

2.7. For proper use of the Platform, you must: (i) be careful with your individual identification data whenever you access the Internet; (ii) take other necessary steps to protect yourself from harm, including online and offline fraud; (iii) be diligent in using the content made available on the Platform, as well as knowing your responsibilities; and (iv) strictly comply with all provisions of this Term.

2.8. Reserva reserves the right, at any time, to disclose information it deems necessary to satisfy any applicable law, regulation, process or governmental request, or to edit, refuse to publish or remove any information or material, in whole or in part, from at its sole discretion.

3.1. We created the Spriz NFT Series in order to connect with users who, like us, enjoy the innovative universe of web3, NFTs and Metaverse, and want to embark on unique experiences.

3.2. The NFT issued is non-refundable, regardless of whether the benefits have been redeemed or not.

3.3. Each benefit available to the NFT holders will be subject to specific rules to be disclosed on the official channels.

3.4. Reserva has the right to make changes, at its sole discretion, upon prior notice to holders, on the number of NFTs launched, as well as make changes to the benefit modalities.

3.5. Reserva will make the following benefits available to purchasers of the Spriz NFT Series:

Attention! The virtual shoes redemption period may open before the physical pair redemption period.

3.6. Secondary Sale:

3.6.1. You have the right to resell your purchased NFT, provided that such resale is in accordance with these Terms and any additional documents that may apply. In addition, the new purchaser must accept all Terms applicable to the Spriz NFT Series.

3.6.2. The Spriz NFT may be resold regardless of redemptions already made, as long as the rules set forth in these Terms and in the FAQ are observed, mainly in relation to the physical pair of shoes. We point out that Reserva has no responsibility for secondary sales of the NFTs.

3.6.3. Your identification for access to benefits and advantages will occur through the acquisition of a Spriz NFT and cease from the moment the Spriz NFT is resold, since the rights are linked to the digital asset.

3.6.4. In order to be able to receive royalties, in any NFT resale, that is, a percentage distribution on the resale value to the initial owner, it will be necessary that the Secondary Sale be carried out only in authorized environments, that is, on the platforms that perform Spriz NFT Series operations. Thus, the division of royalties may follow the rules established by Reserva or by the marketplaces authorized to carry out the secondary sale.

3.6.5. These Terms of Use recognize Secondary Sale as the resales that occur on Rarible, OpenSea and LooksRare platforms. Any changes will be informed through the official discord.gg/reservax channel or the other official communication channels of Reserva.

3.6.6. Immediately following any Secondary Sale, the ownership of the NFT and its rights under any associated licenses will terminate, due to the transfer of the Token, whereby the seller will no longer be able to enjoy the benefits and experiences that were tied to the Token and which were not redeemed until the completion of the Spriz NFT sale transaction.

4.1. The Spriz NFT Series are governed by the Brazilian law and are not offered for use in any country, jurisdiction, or for any user in which the purchase or use of the NFT constitutes a violation of law or requires special operating authorization that Reserva does not have.

4.2. The Spriz NFT Series may not be used for any unauthorized use, or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms or applicable additional documents may subject You to legal liability. In addition, we may also forward any information about illegal activities to the appropriate authorities.

5.1. The commercial use of the expression "Spriz NFT Series" as a trademark, company name or domain name and the logo are of exclusive property of the owners of Reserva, as are copyrights and other rights subject to industrial property protection. All rights are protected, in Brazil and internationally, by laws and international treaties on copyright, trademarks, patents and industrial designs. Buyers will be held liable extrajudicially and judicially for any act of infringement that they practice against the intellectual property of the Spriz NFT Series.

5.2. The ownership of the NFT is not to be confused with the ownership of the Copyright in the Art, since the NFT is a digital asset in the form of a cryptographic token representing an Art, whose copyright ownership belongs Reserva. Therefore, the acquisition of an NFT does not indicate any transfer of rights regarding the Arts represented, except as expressly determined by these Terms.

5.3. You acknowledge and agree that through the purchase of the digital asset (NFT) you are acquiring, together with it, only a simple license for your own and non-commercial use over the Art linked to the respective token, granted in a limited, non-exclusive, non-customizable manner, only for (a) exposure in the environment developed for the project; (b) third-party application that allows the inclusion, involvement or participation of NFTs; (c) in marketplaces that allow the purchase and sale of NFTs, guaranteeing the authenticity and ownership of the token, knowing that any rights and royalties may not be applicable; and (d) to enjoy the benefits granted as a result of the acquisition of the Token, provided that the buyer is not acquiring in any way the Art associated with it or any other intellectual property rights over the Art linked to the digital assets.

5.4. Except as expressly set forth in these Terms, We do not provide You with ownership, assignment, or any other rights with respect to the content, code, data, works, or any other material produced on behalf of Pistols Birds. We reserve all rights concerning the materials You do not was expressly granted to in this Term.

5.5. You understand and agree that the purchase of an NFT, whether by initial sale or otherwise, does not grant you any rights or licenses to the Arts other than those expressly contained in these Terms. Therefore, You are not permitted to:

    I. Use, for any purpose other than those permitted in these Terms of Use, the brands, names, designs, digital arts or any other work or distinctive sign from Reserva and other companies in its group, and/or the reproduction or exploitation of any products or services is prohibited, without the authorization of Reserva.
    II. Profit, license or otherwise market the NFT, its content or the Art, including in connection with marketing, advertising or sale of any third-party product except as part of a Secondary Sale;
    III. Modify the NFT, its content, or the Art, in any way, or incorporate the NFT, its content, or the Art, in any other type of media;
    IV. Use the NFT, its content or the Art in any way that infringes the intellectual property rights of any person or entity;
    V. Use the NFT or the Art in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other way that may tarnish or damage the reputation of the Reserve and its partners, representatives and service providers;
    VI. Seek to acquire additional intellectual property rights in the NFT or the Art, including any names, trademarks, logos, trade dress or other source pointers contained or described therein;
    VII. Attempt to mint, tokenize or create an additional cryptographic token representing the NFT or the Art on any platform;
    VIII. Falsify, misrepresent or conceal the authorship and ownership of the Art or ownership of the NFT; or
    IX. Encourage or allow any third party to do any of the above.

5.6. The limited use single license granted through the purchase of the NFT applies only to the extent that You continue to own the NFT. If, at any time, You sell, trade, donate, transfer or dispose of your NFT for any reason, the license granted will immediately expire with respect to the Art, with no requirement for prior notice, and You will have no further rights to the Art.

6.1. We will not be liable for any loss and damage suffered resulting from or arising out of:

• · decisions made based on information provided on third-party platforms;
• · fraud, fraudulent misrepresentation or breach of duty, or breach of any of the conditions by the Buyers;
• · issues arising from the Secondary Sale of the Spriz NFT Series;
• · erroneous or incomplete information provided by You;
• · any inability to access the Spriz NFT Series for any reason;
• · problems in the processing of data due to third parties;
• · decisions made based on information provided by Reserva;
• · any financial transactions or purchase and sale of assets;
• · for problems defined as “unforeseeable circumstances” or “force majeure” contemplated by the article 393 of the Brazilian Civil Code;
• · computer viruses or other malicious code that could affect your computer or another equipment, or any phishing, spoofing or other attack;
• · flaws, bugs, errors or inaccuracies of any kind in our website, software, systems, operated by us or on our behalf;
• · any other losses that may arise from the misuse of the website;
• · corrupted wallet files;
• · unauthorized access to platforms or applications;
• · delays in processing transactions or inability to execute transactions.

6.2. The contents and information provided are available for use and are offered “as they are” and “as available”. Reserva disclaims any liability for implied warranties of adequacy for a particular purpose and financial return. Furthermore, Reserva does not guarantee to the Buyer that:

• · the NFT will fully meet any needs or expectations; and
• · the operation will be uninterrupted and free from errors, viruses or harmful components.

6.3. Reserva disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, adequacy for a particular purpose, title, and non-infringement of the Service, as well as the content posted thereon.

6.4. We may provide links to other websites, which does not mean that these websites are owned or operated by Reserva. As it has no control over these sites, Reserva will not be responsible for the contents, practices and services offered on them. The presence of links to other sites does not imply a relationship of partnership, supervision, complicity or solidarity from Reserva with these sites and their contents.

6.5. In addition, sales hosted on third-party sites are governed by and subject to the additional terms and policies of third-party sites applicable to the specific sale of the tokens. You acknowledge and agree that such third-party websites are accessed at your own risk and such risk includes, without limitation, any obligations resulting from tax reporting, compliance or payment.

6.6. After purchasing the Spriz NFT Serires, you are fully responsible for it, and you cannot claim any compensatory value from Reserva, whether in tokens or any other currency or good whose value is considered to be corresponding, due to the loss of the encrypted private key or any other resulting reason of carelessness, due diligence and/or any other reason, having transferred ownership of the tokens.

6.7. Any use that is not specifically authorized in these Terms, and without Reserva’s prior written permission, is strictly prohibited and will immediately terminate the rights granted herein.

• · Risk of Bankruptcy or Dissolution of Reserva

  In the event of bankruptcy or dissolution of Reserva, which prevents the continuity of the utility and/or value of the NFT, the Purchaser will not be entitled to any type of indemnity.

• · Crypto Market Risks

  The market price of cryptocurrencies, digital tokens and other crypto assets can be extremely volatile. Holders of Spriz NFT Series must assume the risks inherent in and associated with activities and transactions involving cryptocurrencies, including the possibility of changing the protocols and networks that govern them in relation to their current functioning, as well as the risks associated with the financial results (gains or losses) arising from such operations.

• · Hacking risks and security weaknesses

  Hackers or other malicious groups or organizations may attempt to interfere with NFTs in a variety of ways, including but not limited to malware attacks, denial of service attacks, consensus-based attacks, sybil attacks, smurfing, and spoofing. The risks are inherent to the technological market. In addition, there is a risk that the Spriz NFT Series may inadvertently include weaknesses or errors in the source code, interfering with usage and causing harm.

• · Risks associated to regulatory uncertainty

  The regulatory status of the Spriz NFT Series and blockchain distributed ledger technologies is unclear or unstable in many jurisdictions. It is difficult to predict how or whether regulatory agencies might enforce existing regulation regarding this technology and its applications. Likewise, it is difficult to predict how or whether legislatures or regulatory agencies may implement changes in law and regulation that affect distributed ledger technology (“DLT”) and its applications. Regulatory actions may adversely impact the Spriz NFT Series in a number of ways, including, for purposes of illustration only, through a determination that the NFT Spriz Serires is a regulated financial instrument that requires registration or licensing. While Reserva will use its best efforts to fully comply with the regulations in force in the jurisdictions in which it operates, Reserva may cease operations in a given jurisdiction in the event of regulatory actions, or in the event that changes in law or regulation make it illegal to operate in a jurisdiction, or in the event that it becomes commercially undesirable to obtain the necessary regulatory approval to operate in a given jurisdiction.

• · Risks associated with the Ethereum protocol and its corresponding public blockchain

  As the Spriz NFT Series is based on the Ethereum protocol and the public blockchain implemented using that protocol, any defect, breakage or abandonment of the Ethereum protocol, or the public blockchain based on that protocol, could have an adverse effect on the token. Furthermore, advances in cryptography, or technical advances such as the development of quantum computing, could pose risks to the Spriz Series NFT, rendering the cryptographic consensus mechanism that underpins the Ethereum protocol ineffective. As a condition of purchasing and/or holding tokens, you must be aware of these risks and accept any adverse events that may arise from the use of a technology that is still under development.

• · Risk of consensus, validation and mining attacks

  As with other decentralized cryptographic tokens based on the Ethereum protocol, the Spriz NFT Series is susceptible to validation, consensus and/or mining attacks when validating transactions on the Ethereum blockchain or on sidechains and layer 2 implementations, including but not limited to double spending attacks, “51% power attacks”, and selfish mining attacks. Any successful attacks pose a risk to the Spriz NFT Series, including but not limited to the accurate execution and recording of transactions involving tokens.

• · Risk of Uninsured Losses

  Unlike bank accounts or accounts at some other financial institutions, the Spriz NFT Series is uninsured unless you specifically obtain private insurance to insure it. Thus, in the event of any losses, there is no public insurer to offer recourse to You.

• · Risks arising from the lack of governance rights

  As the Spriz NFT Series does not confer any governance rights of any kind with respect to Reserva, all decisions involving services or Apps used will be made by Reserva, in its sole discretion, including, but not limited to, decisions to discontinue benefits, sell more Spriz NFTs Series, or tokens equivalent thereto, or sell or liquidate Reserva. These decisions may adversely affect the services and usefulness of the Spriz NFT that you maintain.

• · Unforeseen risks

  Cryptographic tokens like the Spriz NFT Series are new and untested technology. In addition to the above risks, there are other risks associated with purchasing, holding and using the Token, including risks that Reserva cannot anticipate. Such risks may also materialize as unexpected variations or combinations of the risks discussed above.

• · Risks arising from taxation

  The accounting and tax characterization of the Spriz NFT Series is still subject to uncertainty in several countries. You should seek your own accounting and tax advice in connection with the purchase of NFTs, which could result in adverse tax consequences for you, including withholding tax, income tax and tax reporting requirements.

8.1. Taxes and Information for Tax Authorities
You are solely responsible for collecting the taxes levied in your country as a result of the acquisition, ownership, use, or material modification of the market price of the Token, whether appreciation or devaluation, and/or informing the tax authority of your country of origin with the information that may be legally imposed on you.

8.2. Nullity of Clauses
If any provision contained herein is declared invalid under any applicable Brazilian Law, the remaining terms and provisions of these Terms of Use will not be affected, and the provision declared invalid will then become null and void.

8.3. Acknowledgment and Acceptance of Terms
The acquisition of NFTs subjects all Buyers to the rules and conditions set forth in these Terms. In this way, you, in the act of your registration and, later, in the act of buying or selling the Token, adhere to all the provisions, declaring that you have read, understood, are fully aware and accept, unrestrictedly and completely, all items in this Term.

8.4. Account Suspension
Reserva reserves the right to suspend, temporarily or permanently, without prior notice, the user's account in cases of:
· Use of the account to commit money laundering crimes, to avoid sanctions or to engage others in illegal activities;
· Concealing or providing false identifying information;
· Fraudulent conduct; or
· Engaging in transactions that violate these Terms.

8.5. Changes to the Terms
The Platform reserves the right, at any time, to modify these Terms, always with the sending of notices to the knowledge of the Users, without any responsibility from Reserva to the modifications made, which will take effect immediately after their online publication.

9.1. These Terms of Use are governed by the Brazilian laws, having defined the jurisdiction of Rio de Janeiro/RJ, as competent to settle any disputes arising therefrom, to the detriment of any other, however privileged it may be or will be, priority should always be given to attempts at resolution by self-composition.

10.1. In case of doubts and suggestions related to these Terms of Use or any complaints, reports of scams or indications of fraud or violations of rights, please contact Reserva via Whatsapp, which You can access by clicking here, which will be answered in the commercial time, from Monday to Friday, from 9 am to 6 pm BRT; or by e-mail to nft@usereserva.com.