Terms of Service

This document constitutes a legally binding agreement governing the access to and use of the services provided by Apex Aureus. Your use of the Service signifies your unequivocal acceptance of these terms.

Last Updated: July 20, 2024

1. Definitions

Throughout this document, the following terms shall have the meanings ascribed to them below:

  • "Service" refers to the proprietary digital ecosystem known as "Apex Aureus," including the website located at https://apexaureus.com, its subdomains, and all related content, software, and infrastructure.
  • "Content" includes all information, text, displays, images, video, audio, and the design, selection, and arrangement thereof, presented within the Service.
  • "Muse" refers to an individual whose narrative, likeness, and associated Content are curated and presented within the Service.
  • "Patron" refers to a user who has been granted access to the Service to view and interact with the Content.
  • "User" refers to any individual, including Patrons and prospective members, who accesses the Site.

2. Acceptance of the Terms

By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. If you do not accept these Terms in their entirety, you are expressly prohibited from using the Service and must discontinue use immediately.

3. Eligibility and Access Control

The Service is intended for a select clientele and access is strictly controlled. You represent and warrant that you are at least eighteen (18) years of age and have the full legal capacity to enter into a binding contract. We reserve the absolute right to grant, deny, or revoke access to any individual at any time, for any reason or no reason, without prior notice or liability.

4. Scope and Nature of the Service

Apex Aureus provides a curated platform for the presentation of exclusive narratives. The Service is an intermediary, a curator, and a facilitator, operating under the "Firewall Philosophy" to ensure the anonymity and integrity of the experience for all parties. We manage the creation, curation, and presentation of all Content within the Elysian Vault.

5. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  4. Engage in unauthorized framing of or linking to the Site.
  5. Attempt to impersonate another user or person or use the username of another user.
  6. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  7. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  8. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

7. Nature of the Platform and Valuation Basis

The User hereby acknowledges a fundamental understanding of the conceptual framework of the Service. Apex Aureus operates as a long-form, interactive art project exploring themes of value, desire, and digital identity. The Service is a simulation designed for artistic expression and entertainment, made available to all participants who are invited and agree to these binding Terms. The valuation assigned to any Muse, asset, or narrative within the Service is a purely notional metric, existing solely within the fictional context of the project's ecosystem. This valuation is not pegged to, representative of, or convertible into any real-world currency, security, or asset. Consequently, the User understands and agrees that there shall be no expectation of financial return, profit, or monetary payout of any kind. All activities, contributions, and interactions are in service of the collective artistic narrative.

8. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.

9. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

11. Governing Law and Jurisdiction

These Terms and your use of the Site are governed by and construed in accordance with the laws of the applicable jurisdiction without regard to its conflict of law principles. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the designated courts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

12. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.