Terms and conditions

Disclaimer and Risk Statement

By reading this document the User (as defined below) is aware that:

Disclaimer

The information contained in or provided from or through this Platform (as defined below) is not intended to be and does not constitute financial advice, trading advice, or any other type of advice.

Fantacore Foundation LTD is not liable for any possible misinterpretation of the Terms & Conditions (as defined below).

NFT Risk Statement

NFTs and crypto-assets carry significant risks for users, including the possible loss of all value allocated in crypto-assets. Such risks arise from the novelty of this technology, the regulatory uncertainty, the possibility of hacking, the high volatility and the information asymmetry characterizing the crypto market. Users should not purchase crypto assets with funds they cannot afford to lose.

Preamble

The following provisions (hereinafter referred to as the “Terms & Conditions” or “T&C”) govern the use of the Platform (as defined below).

The Platform is owned and operated by FANTACORE FOUNDATION LTD, a company duly incorporated and validly existing under the laws of Singapore, having principal place of business in Singapore, with address 103 TAMPINES STREET 86#03-06 THE ALPS RESIDENCES SINGAPORE (528576). (hereinafter referred to as the “Company”).

The Terms & Conditions are entered into between you and the Company. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features. The Company holds the content of the web3 strategy, sales and operations under license agreement with Proxy42 Inc., the owner of The World League Live IPs and Trademarks.

By browsing the Platform, you acknowledge that you have read and understood the Terms & Conditions and agree to be bound by them and to comply with the Terms & Conditions and all applicable laws and regulations.

If you do not agree with the Terms & Conditions, you should refrain from using the Platform. Please read these Terms & Conditions carefully to ensure that you understand each provision.

Your consent is given once you tick the box in the pop-up window which appears upon your first connection and which says: “By continuing to use our website, you agree to our Terms & Conditions, Privacy Policy, and Cookies Policy” (hereinafter referred to as “Consent”).

By giving the Consent, you confirm that your level of English is sufficient to understand legal documents as well as all the commitments, warranties, waivers, and obligations contained therein.

If you are browsing the Platform on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to the Terms & Conditions and that you agree to the Terms & Conditions on behalf of that business or entity.

The Company reserves the right at any time to unilaterally amend the Terms & Conditions without providing you notice. Any modification made to the Terms & Conditions shall be effective immediately after the upload of the updated version on the Platform. Your continued use of the Platform shall constitute your acceptance of the current version of the Terms & Conditions. You are advised to check these Terms & Conditions periodically to familiarize yourself with any changes to the Terms & Conditions.

The User understands that the Platform is only intended for use by persons over the age of fourteen (14) years.

IMPORTANT NOTICE: ARBITRATION. BY AGREEING TO THE T&C, USERS AGREE TO RESOLVE DISPUTES WITH THE COMPANY THROUGH BINDING ARBITRATION AND USERS WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS.

TERMS & CONDITIONS

Definitions and Interpretations
1. 1.1 The following terms, as used herein, shall have the following meanings, respectively, unless inconsistent with the subject or context. Other capitalized terms may be defined elsewhere in these Terms & Conditions and, unless otherwise indicated, shall have such meaning throughout these Terms of Conditions.
  1. 1.1.1 “AML” shall mean Anti Money Laundering.
  2. 1.1.2 “Avatar” shall have the meaning set forth in paragraph 2.3.
  3. 1.1.3 “Confidential Information” shall mean any and all information of a confidential or proprietary nature (whether or not specifically labelled or identified as “confidential” ), in any form or medium whatsoever, that relates to the Parties or their respective employees, customers, independent contractors, agents or other business relations, and the disclosure of which would cause harm to either of the Parties.
  4. 1.1.4 “Consent” shall have the meaning set forth in the preamble.
  5. 1.1.5 “Cookies” are small text files that are placed on the User’s computer by the Platform.
  6. 1.1.6 “Cookies Policy” shall mean the cookies policy available on the Platform.
  7. 1.1.7 “Company” shall have the meaning set forth in the preamble.
  8. 1.1.8 “Currency” shall have the meaning set forth in paragraph 2.10.
  9. 1.1.9 “Entire Agreement” shall have the meaning set forth in paragraph 3.1.
  10. 1.1.10 “Gas Fee” shall have the meaning set forth in paragraph 5.4.
  11. 1.1.11 “Help Desk” shall have the meaning set out in paragraph 32.1
  12. 1.1.12 “Intellectual Property” means any and all ownership or proprietary rights, rights of use or any other rights with respect to the domain names, patents and patent applications, trade secrets, trademarks and service marks, trademark and service mark registrations and applications, any other trade names, design rights, logos, copyrights, copyright registrations and applications, and any other intellectual or industrial property right in connection or related to products.
  13. 1.1.13 “KYB” means Know Your Business.
  14. 1.1.14 “KYC” means Know Your Customer.
  15. 1.1.15 “Laws” shall mean and include any law, regulation, or other provision that has legal effect in any jurisdiction where the Business is situated or operates;
  16. 1.1.16 “NFT” shall mean blockchain-based non-fungible digital tokens.
  17. 1.1.17 “Parties” shall mean the Company and the User.
  18. 1.1.18 “Payment” shall have the meaning set forth in paragraph 5.1.
  19. 1.1.19 “Platform” shall comprise the Website, mobile applications, applets and other applications and/or web platforms that are developed to offer the Services in accordance with the Preamble.
  20. 1.1.20 “Privacy Policy” shall mean the privacy policy available on the Platform.
  21. 1.1.21 “Prohibited Person” shall mean any individual or legal entity that is (i) a national or resident of, or legal entity formed or incorporated within or subject to the laws of any United States embargoed or restricted country; (ii) a national or resident of, or legal entity formed or incorporated within, or subject to the laws of the People’s Republic of China; (iii) a national or resident of, or legal entity formed or incorporated within or subject to the laws of the Republic of Cuba, Democratic People’s Republic of North Korea, Islamic Republic of Iran, Libya, Republic of South Sudan, Republic of Sudan, Syrian Arab Republic, or the Crimea, Balkans, Belarus, Burma, Burundi, Central African Republic, Hong Kong, Republic of Iraq, Lebanon, Mali, Nicaragua, Ukraine, Russia, Venezuela, Yemen Zimbabwe ; (iv) included on, or affiliated with any person on, the United States Commerce Department’s Denied Persons List, Entities List, or Unverified List; the U.S. Department of the Treasury’s Specially Designated Nationals and Blocked Persons List, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, or the Annex to Executive Order No. 13224; the Department of State’s Debarred List; or UN Sanctions; (v) a person with whom business transactions, including exports and re-exports, are restricted by a United States Governmental Authority, including each item listed in the foregoing clauses (i), (ii), (iii), (iv) and (v) and any updates or revisions thereto and any newly published rules therefore; or (vi) a subject or target of any other economic sanctions administered or enforced by an Asian country.
  22. 1.1.22 “Sanctions” shall mean collectively sanctions administered or enforced by any country or government.
  23. 1.1.23 “Services” shall mean the services provided throughout the Platform.
  24. 1.1.24 “Software” shall have the meaning set forth in paragraph 11.1.4.
  25. 1.1.25 “Stablecoin(s)” shall mean a cryptographic digital token whose value is, or should be according to the intentions of its issuer, pegged to the value of a fiat currency.
  26. 1.1.26 “Tax”, “Taxes” or “Taxation” shall mean any taxes, duties, levies, imposts, or other sums payable by reference to profits, revenue, or transactions.
  27. 1.1.27 “Terms & Conditions” shall have the meaning set forth in the preamble.
  28. 1.1.28 “Third-Party/Third-Parties” shall mean any other subject which is not a User.
  29. 1.1.29 “User” shall mean a person or entity browsing the Platform.
  30. 1.1.30 “Wallet” shall have the meaning set forth in paragraph 2.17.
  31. 1.1.31 “Website” shall refer to https://worldleaguelive.com/
  32. 1.1.32 “Platform Content” shall have the meaning set forth in paragraph 11.1.1.
  1.2 Except where the context requires otherwise, the Terms & Conditions will be interpreted as follows:
  1. 1.2.1 Headings are for convenience only and shall not affect the construction or interpretation of any provision of the Terms & Conditions;
  2. 1.2.2 Where a word or phrase is defined, other parts of speech and grammatical forms and the cognate variations of that word or phrase shall have corresponding meanings;
  3. 1.2.3 Words importing the singular shall include the plural and vice versa;
  4. 1.2.4 Reference to Chapter and Paragraph is to chapters and paragraphs of the Terms & Conditions;
  5. 1.2.5 All words (whether gender-specific or gender-neutral) shall be deemed to include each of the masculine, feminine and neutral genders;
  6. 1.2.6 The ejusdem generis (of the same kind) rule will not apply to the interpretation of the Terms & Conditions, accordingly, include and including will be read without limitation;
  7. 1.2.7 A reference to any document (including the Terms & Conditions) is to that document as amended, consolidated, supplemented, novated, or replaced from time to time in terms thereof;
  8. 1.2.8 A reference to a statute or statutory provision includes, to the extent applicable at any relevant time;
  9. 1.2.9 That statute or statutory provision as from time to time consolidated, modified, re-enacted or replaced by any other statute or statutory provision whether before or after the date of these Terms & Conditions;
  10. 1.2.10 Any subordinate legislation or regulation made under the relevant statute or statutory provision; and
  11. 1.2.11 References to writing include any mode of reproducing words in a legible and non-transitory form and shall include email or other electronic communication.
The Football Intellectual Property
1. 2.1 The Company created a collection of football-related digital items in the form of non-fungible tokens hosted on the Ethereum blockchain.
2. 2.2 The Platform is a marketplace where NFTs are offered, sold and exchanged by the Company to the Users and by Users to other Users.
3. 2.3 Every User who registers on the Platform will be enabled to play with his or her own digital avatar (hereinafter referred to as the “Avatar”). The Avatar is the graphic and digital representation of the Users identity within the Platform. The NFTs, being representation of IP, items of clothing and other accessories can be worn and used by the Avatar.
4. 2.4 The possession of each NFT entitles the holder to obtain certain specific utilities according to the modalities established by the Company for that specific NFT.
5. 2.5 Some NFTs available on the Platform may relate to the Bundesliga or other football IP and competitions with which the Company has concluded a partnership agreement.
6. 2.6 The NFTs can be purchased using a virtual currency that can only be used within the Platform (hereinafter referred to as the “Currency”) or using Stablecoins..
7. 2.7 The Currency cannot be traded, sold or auctioned from one User to another.
8. 2.8 Please note that the Currency associated with the Platform holds no intrinsic value whatsoever.
9. 2.9 The User can buy the Currency on the Platform via credit or debit card payment and/or using services such as Apple Pay and Google Pay or with other digital currencies. The Currency bought by the User is deposited on a virtual wallet connected to his or her account (hereinafter referred to as the “Wallet”)
10. 2.10 Users are entirely responsible for the safety management of their own Wallets and all transactions they perform on the Platform. As the NFTs run on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
11. 2.11 This Platform and its related services are provided “as is” and “as available” without a warranty of any kind. By using the Platform, the User is accepting sole responsibility for any and all transactions involving the NFTs.
12. 2.12 The Platform is controlled by the Company. Any duties or obligations remain to the Company. The Platform itself is not a legal subject and cannot assume responsibilities or obligations.
13. 2.13 Given the high level of uncertainty over the legal framework concerning NFT assets and for the purpose of mitigating the regulatory risks associated with such uncertainty, the operator of the Platform may change. In this case, the new Platform operator shall substitute for the Company under the Terms & Conditions. Any change in the Company’s legal structure shall not affect the rights and obligations arising from the Terms & Conditions. In case of a dispute, the plaintiff shall determine the counterparties depending on the relevant services and the particular actions or omissions that affect the rights or interests of the plaintiff.
Entire Agreement & Severability
1. 3.1 The Terms & Conditions, the Privacy Policy, the Cookies Policy and the Disclaimer are subject to any amendments or modifications made by the Company from time to time and shall constitute the entire agreement between you and the Company with respect to the use of the Platform (hereinafter referred to as the “Entire Agreement”).
2. 3.2 If any provision of the Terms & Conditions or, in general, of the Entire Agreement is found to be invalid by a court or another competent jurisdiction, that provision only will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
The Company’s Role
1. 4.1 The Company operates and maintains the Platform. The Company shall use its best endeavors to assure the smooth functioning of the Platform.
2. 4.2 The Platform and its contents do not constitute and should not be seen as a recommendation or endorsement of the quality, healthiness, service level, qualification, or rating of the Services. In particular, the Platform is not deemed to provide (and must not be held as such) any advice relating to the User’s decision whether or not to use the Services by becoming a User and must not be considered as providing complete information in relation to such a decision.
3. 4.3 The Company is not a bank, a security firm, an asset manager, a portfolio manager, or an investment advisor. The Company does not, and shall not at any time, give any financial advice whatsoever, including but not limited to financial advice, trading advice, or investment advice. Please note that the Company is not acting as a financial institution or as a financial service provider in the framework in any context, nor the Company is issuing or offering any financial instrument.
Usage of the Ethereum Blockchain
1. 5.1 If the User chooses to purchase an NFT through the Platform, any transactions that the User engages in will be conducted through the Ethereum blockchain and /or other blockchains that may be integrated onto the platform.
2. 5.2 The Company will have no insight into or control over the transactions, nor do the Company has the ability to reverse any transactions.
3. 5.3 The Company will have no liability to the User or to any third party for any claims or damages that may arise as a result of any transactions that the User engages in or any other transactions that you conduct via the Ethereum blockchain and /or other blockchains that may be integrated onto the platform.
4. 5.4 The Ethereum blockchain requires payment of a transaction fee for every transaction that occurs on the network, that is not included in the NFT price.
Platform Requirements
1. 6.1 By accessing the Platform, the User represents and warrants that:
  1. 6.1.1 as an individual, it is at least fourteen (14);
  2. 6.1.2 as an individual, legal person, or other organization, it has full legal capacity and sufficient authorizations to enter into the Terms & Conditions;
  3. 6.1.3 it is not a Prohibited Person;
  4. 6.1.4 it has not been previously suspended or removed from using the Services; and
  5. 6.1.5 Its use of the Services will not violate any and all laws and regulations applicable to the User, including but not limited to regulations on AML, anti-corruption, and counter-terrorist financing.
User obligations, representations and warranties
1. 7.1 By accessing the Platform and using the Services, the User represents and warrants that it has not been included in any trade embargoes or economic Sanctions list (such as the United Nations security council sanctions list), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the U.S. Department of the treasury), or the denied persons or entity list of the U.S. Department of commerce.
2. 7.2 The Company reserves the right to choose markets and jurisdictions to conduct business and may restrict or refuse, at its discretion, the provision of the Services in certain countries or regions, such as in section 1.1.21.
3. 7.3 Please note that some Services may not be available in certain jurisdictions or regions or to certain Users. The Company reserves the right to change, modify or impose additional restrictions at its discretion at any time.
4. 7.4 As a condition for accessing or using the Platform, the User:
  1. 7.4.1 will only use the Services and the Platform for lawful purposes and following the Terms & Conditions; and
  2. 7.4.2 will ensure that all information that the User provides on the Platform is current, complete, and accurate.
5. 7.5 As a condition to accessing or using the Platform or the Services, the User will not:
  1. 7.5.1 Violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and anti-terrorist financing laws and any relevant and applicable privacy and data collection laws in each case as may be amended.
  2. 7.5.2 Use the Platform for any unlawful purpose;
  3. 7.5.3 Export, re-export, or transfer, directly or indirectly, any Company’s technology in violation of applicable export laws or regulations;
  4. 7.5.4 Infringe on or misappropriate any contract, intellectual property or other third-party rights, or commit a tort while using the Platform;
  5. 7.5.5 Misrepresent the truthfulness, sourcing or reliability of any content on the Platform;
  6. 7.5.6 Use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from thoroughly enjoying the Platform or that could damage, disable, overburden, or impair the functioning of the Platform or the Company in any manner;
  7. 7.5.7 Attempt to circumvent any content-filtering techniques or security measures that the Company employs on the Platform, or attempt to access any service or area of the Platform that it is not authorized to access;
  8. 7.5.8 Use any robot, spider, crawler, scraper, or other automated means or interface not provided by the Company to access the Platform to extract data or other information;
  9. 7.5.9 Introduce any malware, virus, trojan horse, worm, logic bomb, drop-dead device, backdoor, shutdown mechanism or other harmful material into the Platform;
  10. 7.5.10 Post content or communications on the Platform that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  11. 7.5.11 Post content on the Platform containing unsolicited promotions, commercial messages or any chain messages or user content designed to deceive or trick the user of the Platform; or
  12. 7.5.12 Encourage or induce any third party to engage in any of the activities prohibited under the Terms & Conditions.
6. 7.6 The User agrees that the Company may collect, process, and use personal data about the User according to the Privacy Policy, which sets out the terms on which the Company processes any personal data collected from the User, or that the User provides to the Company.
User' s Wallet usage requirement
1. 8.1 If the User suspects or becomes aware of any unauthorized use of its Wallet, it should notify the Company immediately.
2. 8.2 The Company assumes no liability for any loss or damage arising from the use of the User’s Wallet by any third party with or without the User’s authorization.
Security
1. 9.1 The User agrees to be solely responsible for taking the necessary security measures to protect their Wallet and other personal information.
2. 9.2 The User should be solely responsible for keeping safe its Wallet and be responsible for all the payments and transactions under its Wallet.
3. 9.3 The Company assumes no liability for any loss or consequences caused by authorized or unauthorized use of the User’s Wallet, including but not limited to information disclosure, information release, consent, or submission of various rules and agreements by clicking on the Platform, online agreement renewal, etc.
4. 9.4 By authorizing its Wallet to operate on the Platform, the User hereby agrees that:
  1. 9.4.1 it will notify the Company immediately if it is aware of any unauthorized use of its Wallet or any other violation of security rules;
  2. 9.4.2 it will strictly abide by all mechanisms or procedures of the Company regarding security, authentication, trading, charging, and withdrawal; and;
  3. 9.4.3 it will take appropriate steps to log out from the Platform at the end of each visit.
Prohibited Actions
1. 10.1 The User is entitled to use the Platform only in conformity with the laws of its country of residence and of the country from which it accesses the Platform.
2. 10.2 The User may solely make legal use of the Platform, and any illegal or inappropriate use of the Platform is banned. In particular, the User agrees to browse the Platform lawfully and without any violation of the Terms & Conditions or any applicable law and agrees not to do any of the following actions in connection with its use of the Platform:
  1. 10.2.1 access or use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying the Platform, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behavior or content;
  2. 10.2.2 access or use the Platform for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms & Conditions or any other terms or policies provided in connection with the Platform;
  3. 10.2.3 intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
  4. 10.2.4 damage, disable, overburden, or impair the functionality of the Platform in any manner;
  5. 10.2.5 distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
  6. 10.2.6 upload, post, transmit, distribute, or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform or the interests or property of the Users or of the Company;
  7. 10.2.7 export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  8. 10.2.8 upload, post, transmit, distribute, store, or otherwise make publicly available on the Platform any personal data of Users or of any Third-party without the person’s prior explicit consent;
  9. 10.2.9 harvest or otherwise collect information or data about Users without their consent or use automated scripts to collect information from or otherwise interact with the Platform;
  10. 10.2.10 upload, post, transmit, distribute, store, or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose the Company or its Users to any harm or liability of any type;
  11. 10.2.11 upload, post, transmit, distribute, store, or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offence;
  12. 10.2.12 copy, modify, distribute, sell, or lease any part of the Platform;
  13. 10.2.13 reverse engineer or attempt to extract the source code of the Platform;
  14. 10.2.13 reverse engineer or attempt to extract the source code of the Platform;
  15. 10.2.14 interfere or attempt to disrupt the Platform in any way;
  16. 10.2.15 circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Platform or third parties;
  17. 10.2.16 infringe upon or violate the rights of the Company, the Users or any Third-Party; and
  18. 10.2.17 facilitate or assist another person in doing any of the above acts.
Intellectual Property
1. 11.1 Intellectual Property Rights
  1. 11.1.1 Intellectual Property rights and all other proprietary rights in relation to the content available on the Platform, including but not limited to the logo, software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs, designs, graphics, layouts, images, video, information, and their selection and arrangement (hereinafter referred to as the “Platform Content”), are the exclusive property of the Company or its licensors. The Company’s rights to the Platform Content include rights to:
    1. 11.1.1.1 the Platform;
    2. 11.1.1.2 the digital contents embodied into the NFTs; and
    3. 11.1.1.3 all designs, logos, layouts, software, displayed, and technical information associated with the Platform.
  2. 11.1.2 The Company expressly reserves all Intellectual Property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Platform. All Intellectual property rights in the Platform Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party' s intellectual property rights.
  3. 11.1.3 Any use of the Platform Content, including without limitation distribution, reproduction, modification, making available, communicating to the public, publicly performing, frame, download, display, or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.
  4. 11.1.4 The User may not derive or attempt to derive the source code of all or any portion of the software or mobile software (hereinafter referred to as the “Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.
  5. 11.1.5 The Company and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications, or corrections thereto, subject to open- source software used in relation to the Platform.
  6. 11.1.6 The Company maintains the sole ownership of the intellectual rights related to every NFT. The holder of each NFT is entitled to a free, exclusive and perpetual license over the intellectual property rights related to the file embodied in the NFT.
Platform’s Content
1. 12.1 All of the information and other content displayed on, transmitted through, or used in connection with the Platform, including, for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, software, data, the selection and arrangement of the aforementioned and the “look and feel” of the Platform (collectively, the “Content”), are protected under applicable copyrights and another proprietary (including but not limited to intellectual property) rights and are the intellectual property of the Company, and its affiliated companies, licensors and suppliers.
2. 12.2 The Company actively protects its rights to the Content to the fullest extent of the law. The User may not, for example, republish the content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive, or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by the Company.
3. 12.3 The User may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display, or otherwise use any portion of the Content. The Content includes logotypes, trademarks, and service marks (collectively “Marks”) owned by the Company and Marks owned by other information providers and third parties.
Survival
1. 13.1 All provisions of the Terms & Conditions, which by their nature extend beyond the expiration or termination of the Terms & Conditions, including, without limitation, sections pertaining to suspension or termination, the wallet cancellation, debts owed to the Company, the general use of the Platform, disputes with Company, and general provisions, shall survive the termination or expiration of the Terms & Conditions.
No Waiver
1. 14.1 The Company’s failure to enforce a provision of the Terms & Conditions does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
2. 14.2 If the User is in contravention of any of the Terms & Conditions and the Company refrains from taking action against the User, the Company’s forbearance does not constitute a waiver and the Company may nonetheless take action against you in the future.
Modifications
1. 15.1 The Company reserves the right to make any changes to the Terms & Conditions, Disclaimer or the Privacy Policy at its sole discretion. The User continued use of the Platform after any such changes, with or without having explicitly accepted the new Terms & Conditions, Disclaimer or the Privacy Policy, shall constitute your consent to such changes.
2. 15.2 If the User does not agree to such changes, it has no right to obtain information or access to the Platform and must immediately cease use of it.
3. 15.3 The User is responsible for regularly verifying the Terms & Conditions in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Platform.
Wallet Security
1. 16.1 The User agrees to be solely responsible for taking the necessary security measures to protect their Wallet and other personal information.
2. 16.2 The User should be solely responsible for keeping safe its Wallet and be responsible for all the Payments and transactions under its Wallet.
3. 16.3 The Company assumes no liability for any loss or consequences caused by authorized or unauthorized use of the User’s Wallet, including but not limited to information disclosure, information release, consent, or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
4. 16.4 By using the Wallet in the Platform, the User hereby agrees that:
  1. 16.4.1 it will notify the Company immediately if it is aware of any unauthorized use of its Wallet or any other violation of security rules;
  2. 16.4.2 it will strictly abide by all mechanisms or procedures of the Company regarding security, authentication, trading, charging, withdrawal; and
  3. 16.4.3 it will take appropriate steps to log out from the Company at the end of each visit.
The Platform
1. 17.1 The Platform is provided to you on an “as is” basis, without warranties of any kind, either expressed or implied, to the maximum extent permitted under applicable law.
2. 17.2 The Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Platform and its content for its personal, non-commercial use and to display the content of the Platform exclusively on its computer screen or on other devices (such as smartphones or tablets), subject to its compliance with the Terms & Conditions and the Company’s policies.
3. 17.3 All other uses are prohibited without the Company’s prior written consent.
4. 17.4 Except as otherwise agreed upon, if the Company enables the use of software, content, virtual items, or other materials owned or licensed by the Company (hereinafter referred to as the “Software and Content”), the Company hereby grants the User a non-exclusive, non-transferable, non- sublicensable and revocable, worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on its compliance with the Terms & Conditions.
5. 17.5 The User will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by the Company or as permitted under applicable law. Any unauthorized use of the Software and Content is strictly prohibited and will terminate the license granted in the Terms & Conditions.
6. 17.6 No licenses or rights are granted to the User by implication or otherwise, except for the licenses and rights expressly granted to the User.
7. 17.7 If the User provides the Company with any feedback or comments regarding the Platform, it grants the Company the right to use such feedback or comments for any purpose without restriction or payment to the User.
Trademarks
1. 18.1 The Company’s and the Platform’s names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Platform.
2. 18.2 Access to the Platform does not authorize anyone to use any name, logo, or mark in any manner whatsoever.
3. 18.3 The Platform and the Company marks and logos are trademarks. The use or the display of these trademarks without explicit written permission of the Company is prohibited.
4. 18.4 Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Company’s marks without the prior explicit written consent of the Company.
Reservation Of Rights
1. 19.1 The Company may block, terminate, or suspend the User’s ability to use or access the Platform, in whole or in part, without notice and at all times, at the sole discretion of the Company, as well as close or interrupt the Platform.
2. 19.2 The Company reserves the right to terminate the User’s right to access and use the Platform if it violates the Terms & Conditions or any other terms, laws, or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.
3. 19.3 The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of the Terms & Conditions.
Availability
1. 20.1 The Platform and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Platform and content in certain territories and jurisdictions.
2. 20.2 The English language version of the Terms & Conditions shall be the prevailing version in the event of any discrepancy between any translated versions of the Terms & Conditions.
Downtime
1. 21.1 Since the Platform is web-based, it might be subject to temporary downtime.
2. 21.2 From time to time the Company also updates or maintains the Platform, which will result in the Platform not being available for a certain period of time.
3. 21.3 The Company does not warrant that the Platform operates uninterrupted or error-free.
4. 21.4 The Company is not responsible for any damages or losses suffered by the User as a result of any failure or interruption of the Platform or suspension of its access to the Platform.
Computer Malware
1. 22.1 The Company shall not bear any liability whatsoever for any damage or interruptions caused by any computer malware, spyware, or scareware that may affect the Parties’ computer or other equipment, or any phishing, spoofing or other attacks.
2. 22.2 The Company advises the regular use of reputable and readily available virus screening and prevention software. The Parties should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from the Company.
3. 22.3 The User shall always access its wallet through the Platform to review any transactions or required actions if it has any uncertainty regarding the authenticity of any communication or notice.
Data Protection
1. 23.1 The Company shall manage the personal data of the Users, his shareholders, beneficial owners, advisors and/or employees as per the requirements of the applicable privacy and data protection laws and regulations (hereinafter referred to as the “Data Regulations”).
2. 23.2 Personal Data:
  1. 23.2.1 The Company agrees and consents to gather personal data and other information relating to the User for the purposes of fulfilling the Terms & Conditions, including to facilitate the issuance and transfer of the NFTs and to comply with laws and legal requirements.
3. 23.3 Data Regulations Compliance:
  1. 23.3.1 The Company is committed to ensuring the protection of all personal data that the Company holds and to protect all such data. The Company recognizes its obligations in updating and expanding this program to meet the developing requirements of Data Regulations or similar international requirements. The Company is dedicated to safeguarding all personal information under its control and maintaining a system that meets our obligations under the Data Regulations requirements.
4. 23.4 Cross-Border Data:
  1. 23.4.1 Information that the Company collects may be stored and processed in and transferred between any of the countries in which the Company operates or utilizes services to enable the use of the information in accordance with the Terms & Conditions.
  2. 23.4.2 The User agrees to such cross-border transfers of personal information.
Privacy Policy
1. 24.1 The User agrees that the Company may collect, process, and use personal data about the User according to the Privacy Policy, which sets out the terms on which the Company processes any personal data collected from the User, or that the User provides to the Company.
2. 24.2 By using the Platform, the User consents to process its personal data.
3. 24.3 The User warrants that all data provided is accurate, complete and updated.
4. 24.4 The Cookies are widely used in order to make the Platform work, or work more efficiently, as well as to provide information to the Company.
5. 24.5 The Cookies are used to collect information about how Users use the Platform. The Company uses the information provided by the Cookies to compile reports and improve the Platform.
6. 24.6 The Cookies collect information in an anonymous form, including, but not limited to, the number of the Users on the Platform, where the Users have come to the Platform from and the pages they visited.
7. 24.7 By using the Platform, the User agrees that the Company can place the Cookies on its device.
Limitations of Liability
1. 25.1 In no event shall the Company, its affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable for indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on the Terms & Conditions, or with the use of the Platform and/or the Services.
2. 25.2 The Terms & Conditions set out the full extent of the Company’s obligations and liabilities with respect to the Platform. To the maximum extent possible by law, the Company excludes all and any warranty, guaranty, and responsibility in relation to the Platform, its content, and the Services.
3. 25.3 The foregoing limitation of liability will apply to the maximum extent permitted by applicable law.
4. 25.4 The Company will not be held liable for any loss of NFTs and/or other damage incurred by you as a result of the transfer of NFTs from/to the User’s Wallet or loss of the access or attack to the User’s Wallet.
5. 25.5 Without limiting the foregoing, the User hereby understands and agrees that the Company will not be liable for any losses or damages arising out of or relating to:
  1. 25.5.1 Any inaccuracy, defect, or mission of digital assets and price data;
  2. 25.5.2 Any error or delay in the transmission of such data;
  3. 25.5.3 Interruption in any such data;
  4. 25.5.4 Regular or unscheduled maintenance carried out by the Company and Service interruption and change resulting from such maintenance;
  5. 25.5.5 Any damages incurred by other users’ action, omission, or violation of the Terms & Conditions;
  6. 25.5.6 Any damage caused by illegal actions of other third parties or actions without authorized by the Company; and
  7. 25.5.7 Other exemptions are mentioned in disclaimers and platform rules issued by finance.
6. 25.6 To the maximum extent permitted by applicable law, in no evenet will the Company, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever, even if the Company has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of the Company’s gross negligence, fraud, willful misconduct or intentional violation of the law.
Force Majeure
1. 26.1 The Company shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from:
  1. 26.1.1 Any cause or condition beyond the Company’s reasonable control, including but not limited to any delay or failure due to any act of God, an act of civil or military authorities, an act of terrorists, pandemic, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond the Company’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
  2. 26.1.2 These include pandemic-related events and lockdown restrictions, defined here as force majeure.
Indemnification
1. 27.1 The User agrees to indemnify and hold the Company, its affiliates, and each of their respective officers, directors, agents, joint venturers, employees and representatives harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to:
  1. 27.1.1 Its breach of the Terms & Conditions;
  2. 27.1.2 Its breach of the Disclaimers;
  3. 27.1.3 Its breach of the Privacy Policy;
  4. 27.1.4 Its use of, or inability to use, the Platform;
  5. 27.1.5 Its violation of the Terms & Conditions or any other applicable terms, policies, warnings, disclaimers, warranties, or instructions provided by the Company or a Third-party in relation to the Platform;
  6. 27.1.6 Its use of the Services; and
  7. 27.1.7 Its violation of any applicable law or any rights of any Third-party.
Links
1. 28.1 The Platform may contain links that direct you to third-party websites. The Company rejects any liability on said Third-party websites, which are solely provided in the Users interest.
2. 28.2 The Company has no influence on the content of third-party websites. The Company, therefore, cannot assume any guarantee for the accuracy, completeness, or safety of this Third-party content.
Liability and Disclaimer
1. 29.1 Limitations of Liability for Gas, Failed Transactions, Smart Contract Bugs
  1. 29.1.1 The User agrees to hold the Company harmless for any losses incurred as a consequence of the use of the Platform and/or the Services. These potential losses include any potential Gas fees for failed transactions and any loss of any NFT due to Platform or smart contract bugs or hacking.
2. 29.2 Risk Assumption of NFTs
  1. 29.2.1 The User accepts and acknowledges each of the following:
    1. 29.2.1.1 to the extent that the User sells its NFT, please be aware that the prices of NFTs are extremely volatile, and fluctuations in the prices of other NFTs impact the price of its NFT both positively and negatively. Given the volatility, NFTs should not be considered an investment. The User assumes all risks in that connection and acknowledges that there is no intrinsic value to the Digital Portrait.
    2. 29.2.1.2 Ownership of an NFT confers to the Holder ownership of that single and specific NFT only.
    3. 29.2.1.3 Accordingly, no information on the Platform (or any other documents mentioned therein) is or may be considered to be advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on the Platform qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities or other financial products.
    4. 29.2.1.4 It remains the User’s sole responsibility to assure that the purchase of the NFT is in compliance with laws and regulations in their jurisdiction.
    5. 29.2.1.5 The User assumes all risks associated with using an Internet-based platform and an Internet-based Currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within User’s Wallet.
    6. 29.2.1.6 NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value of the User’s NFT. The User understands and accepts all risks in that regard.
    7. 29.2.1.7 You assume all responsibility for any adverse effects of disruptions or other issues impacting the Platform or the Ethereum blockchain network and /or other blockchains that may be integrated onto the platform..
      p
3. 29.3 No Guarantees or Future Promises
  1. 29.3.1 While the Company has released a roadmap on the Platform outlining future goals and plans for community development (hereinafter referred to as the “Road Map”), it cannot guarantee to accomplish every item outlined in the Road Map.
  2. 29.3.2 Any future benefits relating to an NFT or outlined in the Road Map are not to be taken into consideration by the User.
4. 29.4 No Guarantees of Value
  1. 29.4.1 The NFTs were created purely as collectables, not as investment vehicles or substitutes for cryptocurrency. The Company makes absolutely no promise or guarantee that the NFTs will subsequently retain monetary value in fiat, cash or cryptocurrency
5. 29.5 Tax Disclaimer
  1. 29.5.1 Each Holder is solely and entirely responsible for any and all Taxes liabilities which may arise, be imposed, or enforced as a result of buying, holding or reselling NFTs.
6. 29.6 Compliance Disclaimer
  1. 29.6.1 The Parties shall endeavor to perform their duties in compliance with all applicable laws, regulations, codes, and ordinances and with those of any other authority having jurisdiction over their sales.
7. 29.7 Class Action Waiver, Jurisdiction and Choice of Law
  1. 29.7.1 The User agrees to waive any class-action rights and any legal dispute around the Company.
8. 29.8 Children
  1. 29.8.1 The User declares to be over the age of fourteen (14).
  2. 29.8.2 The User agrees that it is over the age of eighteen (18) or above the legal age of its jurisdiction, whichever is greater, to be allowed to use a Wallet within the platform.
9. 29.9 Platform Disclaimer
  1. 29.9.1 The User expressly acknowledges and agrees that its access to and use of the Platform is at its sole risk. As between the User and the Company to the maximum extent permitted by applicable law, the Platform is provided on an “as is” and “as available” and the Company expressly disclaims all representations, warranties, and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement.
  2. 29.9.2 All contents available on the Platform are made available for informational purposes only and should not be contractual or binding in any way for the Company. The User should not rely upon this content in any way.
  3. 29.9.3 The Company does not give any warranty in relation to the Platform, the software, and content nor with any services, information published or available on the Platform, should it be its availability, accuracy, or lawfulness. The Company shall not verify, update or correct such information. The Company does not warrant that the Platform will be available at all times and expressly reserves the possibility to discontinue the Platform without notice. In addition, the Company does not represent or warrant that the operation of the Platform will be secure, uninterrupted, error-free, or virus-free or; that any defects in the Platform will be corrected. No oral or written information, guidelines, or advice given by the Company will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.
  4. 29.9.4 The User agrees that the entire risk arising out of its use of the Platform remains solely with you.
  5. 29.9.5 Any warranty, condition, or other term arising out of or in connection with the Platform which might otherwise be implied into or incorporated into the Terms & Conditions by statute, common law, laws applicable in the country where the User used the Platform or otherwise (including without limitation any implied term as to the quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If the User has a dispute with one or more User(s) and/or Third-part(y/ies), it agrees to release the Company (including the Company’s affiliates, and each of its respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
  6. 29.9.6 The User waives any and all other warranties of any kind, whether express or implied, including, without limitations, warranties of merchantability, fitness for a particular purpose, title or non- infringement or warranties arising from a course of performance, course of dealing or usage in trade.
  7. 29.9.7 The User understands that blockchain technology is still in an early stage of development. It, therefore, carries significant operational, technological, financial, regulatory and reputational risks. The User is fully aware of such risks and accept them as part of its use of the Services.
  8. 29.9.8 It is the User’s sole responsibility to not lose its crypto-assets, in particular by losing access to the keys which allow access to its wallet and/or allowing malicious third parties to access your keys and/or your wallet.
  9. 29.9.9 The Company will not be held liable for any loss of crypto-assets and/or other damage incurred by the User as a result of the transfer of crypto-assets from its wallet or loss of key or attack on its wallet.
Notice Of Claim and Dispute Resolution Period
1. 30.1 The Company wants to address the User’s concerns without resorting to formal legal proceedings, if possible. If the User has a dispute with the Company, then the User should contact the Company (please refer to Chapter 33), and the Company will attempt to resolve the User’s dispute internally as soon as possible.
2. 30.2 The Parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
3. 30.3 In the event that the dispute cannot be resolved satisfactorily, and the User wishes to assert a legal claim against the Company, then the User agrees to set forth the basis of such claim in writing in a “Notice of Claim”, as a form of prior notice to the Company.
4. 30.4 The Notice of Claim must (1) describe the nature and basis of the claim or dispute; (2) set forth the specific relief sought; (3) provide the original ticket number; and (4) include your email.
5. 30.5 The Notice of Claim should be submitted to an email address or hyperlink provided in the User’s correspondence with the Company. After the User has provided the Notice of Claim to the Company, the dispute referenced in the Notice of Claim may be submitted by either the Company or the User to arbitration in accordance with the paragraph below.
Governing Law and Dispute Resolution
1. 31.1 The laws of Singapore (with the exclusion of any rules that might lead to the use of any other law which is not the law of Singapore) shall govern the validity and construction of the Terms & Conditions, any separate contract whereby the Company provides the User(s) with any services, and any dispute arising out of or in relation to the T&C or such separate contracts.
2. 31.2 Any dispute, controversy, or claim arising out of, or in relation to, the Terms & Conditions, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the the Arbitration Rules of the Singapore International Arbitration Centre hereinafter referred to as the “SIAC”) in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Singapore. The language to be used in the arbitral proceedings shall be English.
3. 31.3 The Parties agree that any dispute is personal to the User and the Company, and that any dispute shall only be resolved by individual litigation and shall not be brought as a class action or any other representative proceeding. The User agrees that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.
4. 31.4 In case of dispute, the User shall maintain the confidentiality of any proceedings, including but not limited to any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.
Contact
1. 32.1 If the User has any questions about how the Platform works in its main functions, they can look into the FAQ section for support or contact the Company via email at [email protected]
2. 32.2 If the User has any feedback, question, or complaint, shall contact the Company via email at [email protected]
3. 32.3 When the User contacts the Company, it has to provide the Company with its name, address, and any other information needed to identify the User, its reference, and the issue on which you have feedback, questions, or complaints.
4. 32.4 If the User has any questions concerning the processing of its data, please address its correspondence to the Company at: 103 TAMPINES STREET 86#03-06 THE ALPS RESIDENCES SINGAPORE (528576).
5. 32.5 If the User is currently receiving marketing information that it would prefer not to receive in the future, please email at: [email protected]