LAST UPDATED: 14 Sep 2022
The Services, as defined below, are controlled, operated and administered by the Company, as defined below. All inquiries may be directed to firstname.lastname@example.org .
These Website Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“you”, “your” or “User”) and Medieval Empires Pte. Ltd., a Singaporean company (“Company”, “us”, “we”) and regulates your access and use of the site and content and any services that are offered through the site www.medievalempires.com, the mobile website, and all other media form (collectively, the “Site”).
The Site provides, inter alia, information on and relating to the “Medieval Empires” game and its Turkish ‘Ertugrul’ component (the “Game”). In addition, there are certain services you may access through the Site (collectively, the “Services”). The Game is under development and, once launched, will include components that are centralized and decentralized. The Game is partly a product of the Company. Specifically, the game world and graphics and interface that users interact with to engage with the game world and others in game players will be products of the Company. The decentralized components of the Game will include one or more smart contracts on the Polygon Network (each, a “Smart Contract”) to enable users to own, transfer, battle, and create unique digital assets within the Game. The Smart Contracts may also enable users to own and transfer other digital assets like plots of land and items (the “NFTs”). These assets can then be visualized and interacted with by in game players through the Site. The Game, Smart Contracts and the Site are collectively referred to in these Terms as the “App”. Using the App, users can view their digital assets and use the Smart Contracts to acquire, trade, battle, and breed digital assets with other App users.
The existing and planned versions of the Medieval Empires game are a fictionalised depiction of certain historical figures and historical periods. The source historical content on which the game is based, which it does and will depict, are in the public domain. This game and its content have no affiliation or connection to any existing television, radio, or other media content depicting the same or similar historical events or figures. The game and all related content (including promotional content), copyright and other rights property of Medieval Empires Pte Ltd are used under license from the lawful owners.
WE ARE ONLY WILLING TO MAKE THE SERVICES AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES, OR ANY OTHER OFFICIAL COMPANY’S PRODUCT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. THE SITE IS INTENDED FOR USERS WHO ARE AT LEAST 18 YEARS OLD. PEOPLE UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE OR REGISTER FOR THE SITE, THE APP, AND THE SMART CONTRACTS.
YOU EXPRESSLY AGREE THAT YOU ACCESS AND USE OF THE SITE OR THE SERVICES CONSTITUTES YOUR WAIVER OF ANY CLASS RIGHTS IN RESPECT OF CLASS ACTIONS IN THE UNITED STATES OF AMERICA OR OTHER JURISDICTIONS WHERE THE SAME OR SIMILAR RIGHTS MAY BE AVAILABLE. YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE GAME, OR ANY MATTER RELATING HERETO THAT INVOLVED US BY BINDING ARBITRATION PURSUANT TO THE DISPUTE RESOLUTION CLAUSE IN THESE TERMS.
The form and nature of the Services, and all information posted on the Site are subject to change without notice. In addition, these Terms may be changed, altered or modified at any time without prior notice. The Company will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
The information on the Site, the App, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the App while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify or discontinue the Site, Services, or Game, with or without notice; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. In these Terms, “Affiliated Entities” means any direct or indirect parents, subsidiaries, sponsors, or affiliates of the Company. You agree that neither we nor any Affiliated Entities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, information and materials contained herein, software used to make the Site, or feature or product offered through the Site.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU SHOULD DISCONTINUE USE IMMEDIATELY.
1.1. To access certain Services, including, without limitation, payment using credit cards or other forms of electronic payment you may be asked to provide certain registration details or other information.
1.2. To create an Account to access certain Services, you must:
1.3. Your Account belongs to you, and you are solely responsible for anything that happens through your Account, unless otherwise for the reasons of closure, hacks, or misuse. For the purposes of this Section 1.3, it shall be the sole responsibility of the User to avoid any unauthorized use or access of the Account.
1.5. The Company reserves the right, at its discretion, to refuse your application for registration, disable any username, password or other identifier, whether chosen by you or provided by us, if you have violated any provision of these Terms.
2.1. Notices to you may be made via posting to the Site, by e-mail, by regular mail, (in the latter two situations, via the most recent address that we have on file).
2.2. By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.1. If you choose to access particular Services that are available via the Site, you may be provided with separate terms and conditions (“Additional Terms”) related to and in addition to these Terms at the time you chose to access said particular Service. Some of the Additional Terms you will be provided with when accessing your chosen service may supersede these Terms and will be drawn to your attention, where applicable. Access to and use of relevant Services shall be limited to the specified users identified in the Additional Terms for each Service.
3.2. You may not use the Site or receive relevant Services except as expressly provided for in these Terms. By accessing all or any part of the Site and/ or the Services, you fully accept and agree to comply with all these Terms as set out here and/ or any Additional Terms as specified.
We reserve the right, in our sole discretion, to modify, suspend, withdraw, discontinue and/ or change all together any aspect of the Site, without notice. Save where expressly stated otherwise in any Additional Terms, we will not be liable to you, if for any reason the Site is unavailable, or is withdrawn at any time, or for any period. Please note that where any of the content on the Site may be out of date, that we are under no obligation to update it.
5.1. Unless otherwise indicated, the Site, the Game, App and the Smart Contracts are our proprietary property and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are owned and controlled by us or are licensed and/ or assigned to us, and are protected by trademark and intellectual property law and unfair competition and practices legislations in appropriate jurisdictions. The Content and Marks are provided on the Site “AS IS” for your information and used in accordance with these Terms only. Except as expressly provided in these Terms, 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 or for any commercial purpose whatsoever, without our express prior written permission.
5.2. Provided that you are eligible to use the Site, you are granted, a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
5.3. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of Company. Company neither warrants nor represents that your use of materials displayed on Company’s Sites will not infringe rights of third parties not owned by or affiliated with Company. Images, photographs, or illustrations displayed on the Site are either the property of, or used with permission by the Company. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5.4. For the sake of clarity, you understand and agree: (i) that any “purchase” of the NFT’s, does not give you any rights or licenses in or to the Content and the Marks other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the Content and the Marks, in any way without the Company’s prior written consent in each case, which consent the Company may withhold in its sole and absolute discretion.
5.5. Provided that you own, or get permission from someone who owns a digital asset, you are granted a limited license to create fan-art which can be used commercially given that you follow the terms set herein:
5.6. PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE, GAME, APP, OR SMART CONTRACTS (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE) MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
6.1. Subject to these Terms, we grant you a limited, individual, nonexclusive, non-transferable, revocable license to access and use the Site and the Services in such form, as they may exist from time to time. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
6.2. Subject to these Terms, you may use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
6.3. No right, title or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
7.1. Any purchases, trade, or sell of the NFTs from the Site, or App or associated marketplaces will be done through smart contracts on a blockchain using a digital asset wallet like Metamask. Any financial transactions that you engage in will be conducted solely through the Blockchain via a digital asset wallet such as MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the App or using the Smart Contracts, or any other transactions that you conduct via the Polygon network.
7.2. The Polygon network requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Polygon network. The Gas Fee funds the network of computers that run the decentralized Polygon network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
7.3. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission of a percentage determined by the Game development team of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Polygon Network as a part of the transaction.
7.4. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, or transfer of the NFTs). Except for income taxes levied on the Company, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
8.1. The NFTs are available for sale for the first time on the marketplace through sales or auctions.
8.2. Purchasing the NFTs with a Fixed Price. If it is made available, you may enter into a fixed price sale transaction whereby we have listed such NFTs for sale on the marketplace at a fixed sale price and you may enter into a legally binding agreement to purchase such NFT by committing to buy the NFTs at the specified sale price.
8.3. Auction. You may enter into an auction transaction whereby we have listed such NFTs for sale on the marketplace via an auction process. A bid is a binding contract that You cannot revoke. When You bid on a NFT in an auction, You're committing to buy it if You win the auction. We may establish a specific start and end time for an auction for a NFT to go live. We may optionally include a starting auction price. In the timed auction, your bid must be higher than the starting price and you bid against other auction participants. A timed auction may be cancelled or postponed prior to the start of the auction, i.e. when it is counting down to kick off. A Reserved Auction for a NFT is configured to automatically go live once a bid is received equal or greater to a reserve price established by the Company. Once the reserve price is met, the auction will be initiated and configured to last for a set period of time (normally 24 hours). The NFT goes to the highest bidder at the end of the auction. Once initiated, both Timed and Reserve Auctions last for a discrete window of time (between few hours and up to few days for Timed Auctions and normally 24 hours for Reserve Auctions). You cannot cancel the bid once it is placed. When the auction ends, the highest bidder wins the auction and the NFT will be sold. Auction timers are not exact and only represent an approximate as to the start or end time remaining for a particular auction. Auction participants should get their bids in as early as possible to ensure that they are processed by the auction Smart Contract before the close of the auction. Auction participants are generally forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an NFT, simulate demand for an NFT (i.e., "wash trading"), or any other anticompetitive bidding conduct, including but not limited to “puffing”, “chill bidding”, “shill bidding”, “sham bidding”, or “sock puppet bidding”. You acknowledge and agree to assume the risk of initiating or participating in an auction and take full responsibility and liability for the outcome of any auction that You participate in. We shall not be liable to You or any third-party for the outcome of any auction.
8.4. The NFTs can be resold to any third parties. Any revenue earned in the marketplace for sales of the NFTs, minus any Gas Fees and Commission, shall be paid to you on the Blockchain by the purchaser of your NFT.
9.1. Ownership. The owner of an NFT obtains an exclusive license to use the NFT in the Game world. This right includes the right to charge other players for certain access to the in-game land represented by and tied to the NFT. Each piece of land represented by an NFT carries certain attributes as described on the Site. Each NFT owner decides what can be built and done on the land tied to their NFT and may impose their own terms and conditions and policies (which shall not conflict with these Terms).
9.2. Rights. When an NFT land is bought by a wallet, the controller of that wallet has an exclusive license to possess and use the land associated with the NFT in the Game world. The relevant land will have the features of the land based on its tier and any efforts expended on the in-game land by the NFT landowner. The absolute ownership of the in-game land lies at all times with the Company, who licenses the right to possess and use the land and makes it available with the attributes applicable to the tier to which the land belongs in the game world. The Company grants to the purchaser a non exclusive, worldwide, non-sublicensable without Company consent, royalty-free license to use and display any intellectual property that resides in the NFTs.
9.3. Content: All title, ownership and intellectual property rights over the content created by users belongs to the users who created said content. In the event, you as a user create a derivative content based on or inhering in any NFTs you own or access (the “Derivative Works”), you hereby agree to and are deemed to grant a license on and from the time Derivative Works are created to the Company a royalty free, irrevocable, unlimited, worldwide, transferable, assignable license related to the Derivative Works.
10.1 You may only use the Services for lawful purposes. You must not use the Services to or for:
10.2. You must not use the Game, App, or Smart Contracts for any purpose other than that for which we make the Game, App, and Smart Contracts available. The Site, App, and Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with the Company. Further, you must not use the Game, App, or Smart Contracts to or for:
10.3. You must not conduct any Prohibited Activity listed above. We reserve the right to block your account and access to the Game, the Site, or the App if we find you in violation of this section 10.
11.1 The Services are owned by the Company incorporated in Singapore and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than that of the Company. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Singapore. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other applicable laws. You are also subject to Singapore’s export controls and are responsible for any violations of such controls, including without limitation any Singapore embargoes or other applicable rules and regulations restricting exports. Company may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
12.1. This Site contains links to websites operated by third parties. We have no control over their individual content. We give no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you decide to access any third-party website linked from this Site, you do so at your own risk.
12.2. Please note that payment methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments in connection with the payment services, and Company is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
12.3. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
13.1. You must not include links to this Site in any other site without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other site any “deep link” to any page on this Site. You may link to our home page at medievalempires.com and pages within the Site provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. Our Site must not be framed on any other website. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2. We reserve the right to withdraw linking permission without notice and without giving a reason.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We allow advertisers to display their advertisements and other information in certain areas of the Site and the App such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
16.1. You represent and warrant that you are at least 18 years of age.
16.2. You represent and warrant that you possess the legal authority to enter these Terms and to use the Services in accordance with all terms and conditions herein.
16.3. You represent and warrant that all personal data provided by you in connection with the Services is up to date, complete, accurate and true. In case of a change, you undertake to provide us notice in a timely manner. You authorize us to verify the accuracy of the personal data that you have provided to create your Account, and any other information you provide to us. You undertake to cooperate with us during such verification process.
16.4. You represent that you are legally permitted to use the Services in your jurisdiction including owning the NFTs and interacting with the Services in any way. You further represent that you are responsible for ensuring compliance with applicable laws of your jurisdiction and acknowledge that the Company is not liable for your compliance or failure to comply with such laws. You further represent and warrant that all funds or assets used by you have been lawfully obtained by you in compliance with all applicable laws.
16.5. Where you register for an account with us, you represent and warrant the following:
ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN A COMMITMENT TO PERFORM THE SERVICES AS DESCRIBED WITHIN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, COMPANY MAKE NO WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. ANY WARRANTIES THAT MAY OTHERWISE RESULT BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE ARE ALSO EXPRESSLY DISCLAIMED.
18.1. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY THIRD PARTIES; (B) THAT THE SITE AND/OR ANY OF ITS FEATURES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE SITE AND/OR ANY OF ITS FEATURES WILL BE UNINTERRUPTED OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE SITE OR THE SERVERS OR NETWORKS THROUGH WHICH THE SITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
18.2. WE DO NOT GUARANTEE THAT OUR SITE, OR ANY CONTENT ON IT, WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED. WE MAY SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SITE FOR BUSINESS AND OPERATIONAL REASONS. YOU ARE ALSO RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS OUR SITE THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS AND OTHER APPLICABLE TERMS AND CONDITIONS, AND THAT THEY COMPLY WITH THEM. FURTHER, WE DO NOT PROMISE THAT THE SITE, NOR ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SITE, WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR FREE OR COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.
18.3. THE NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE POLYGON NETWORK. THE COMPANY HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE OWNERSHIP RECORD OR THE SMART CONTRACTS.
18.4. THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO THE BLOCKCHAIN OR ANY OTHER FEATURES OF THE POLYGON NETWORK OR THE METAMASK OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
18.5. THE COMPANY, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EQUITY HOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS AND PROVIDERS WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN OR METAMASK OR ANY OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISIGN FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) INTELLECTUAL PROPERTY INFRINGEMENT BY USERS; (E) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES, THE BLOCKCHAIN, OR THE METAMASK OR OTHER ELECTRONIC WALLET.
18.6. The content on the Site is provided for general information only and does not constitute specific advice. We do not warrant the accuracy, completeness or usefulness of this information. You must obtain professional or specialist advice before taking, or refraining from taking, any action based on the content on the Site. In particular, images and videos on the Site, whilst displayed in good faith, are for information purposes only and we do not accept any liability or responsibility for their accuracy. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
18.7. It is the sole responsibility of prospective Users to satisfy themselves as to the accuracy of any information displayed on the Site and the responsibility of Users to ensure the accuracy of content provided on the Site and in any other documentation or information. Any reliance you place on such information is strictly at your own risk.
18.8. Although we make reasonable efforts to update the information and content on the Site, we make no representations, warranties or guarantees, whether express or implied that the information and content on the Site is accurate, complete or up to date at any time.
18.9. Any purchases you make through third-party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third-party.
18.10. The owner of the Site is incorporated in Singapore (“Service Territories”). We make no claims that the Site or any of its content is accessible or appropriate outside of the Service Territories. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the Service Territories, you do so on your own initiative and are responsible for compliance with local laws.
19.1. To the extent permitted by law, you agree to defend, indemnify and hold harmless, us and our subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of these Terms.
19.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
20.1. Company shall not be liable for any claim or demand made against User by any third party except to the extent such claim or demand relates to rights conferred to User under these Terms and Conditions.
20.2. Company does not exclude or limit in any way liability to where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
20.3. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material caused to your information technology, devices, computer programs, platform, data or other proprietary material arising in connection with your use of our Site and/ or Services or to your downloading of any content on it, or any website linked to it.
20.4. We will not be liable for any failures, due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control.
20.5. We may put in place such systems as we from time to time, to prevent automated programs from being used to obtain unauthorized access to our system and this Site. We shall not be liable to you for any consequences arising out of, or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
20.6. You agree and acknowledge that we do not endorse the products or services offered on third-party websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party websites.
20.7. Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.8. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, or use of or reliance on any content displayed on our Site. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
20.9. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND TO THE EXTENT PERMITTED BY LAW, IN THE EVENT THAT WE ARE DETERMINED TO BE LIABLE TO YOU FOR ANY CAUSE, YOU EXPRESSLY AGREE THAT OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US TO ACCESS AND USE THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
20.10. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You accept and acknowledge each of the following:
a) The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of the NFTs will not lose money.
b) You are solely responsible for determining what, if any, taxes apply to your NFTs related transactions. The Company is not responsible for determining the taxes that apply to your transactions on the App.
c) There are risks associated with using 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 your wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions or delays you may experience when using the Polygon network, however caused.
d) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Company’s ecosystem, and therefore the potential utility or value of the NFTs.
e) Upgrades to the Polygon network may have unintended, adverse effects on the NFTs.
f) You acknowledge and agree that cryptography and cryptocurrency is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may represent risks to the Smart Contracts and the Services which could result in the theft or loss of your NFTs, or any other potential consequences. By using the Services, you acknowledge and agree to undertake these risks.
22.1. All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of Singapore, without reference to conflict of laws.
22.2. Any dispute, differences, controversies, or claims arising out of or in connection with these Terms, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, and applicable remedies, shall be resolved by arbitration under the rules of the Singapore International Arbitration Centre in force on the date on which the arbitration is commenced, which rules are deemed to be incorporated into this Section 22.2. The number of arbitrators shall be one (1) appointed by the Company. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. Any award of the arbitrator shall be final and binding from the day is made. The User and the Company agree to keep confidential all matters relating to the arbitration.
20.3. We retain the right to bring any urgent suit, action or proceeding against you for any actual or threatened breach of these Terms in your place or country of residence or any other relevant country if we determine in our sole discretion that this is required to seek urgent injunctive relief of any actual or threatened breach of these Terms by you. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23.1. You shall have a right to terminate your account at any time by canceling and discontinuing your access to and use of the Services. You will not receive any funds if you cancel your account, or if these Terms are otherwise terminated. You agree that any suspension of your access to the Services may be without prior written notice, and that the Company (and its affiliates, officers, directors and employees) will not be liable to you or to any third party for any such suspension.
23.2. In the event of your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, the Company may, without limitation, suspend your account, block any infringing content, and adopt any other action deemed necessary to prevent future breaches, in addition to any other remedies the Company may have at law or in equity.
23.3. Upon any termination or suspension of your account, you may no longer have access to information that you have posted on the App or that is related to your account, and you acknowledge that the Company will have no obligation to maintain any such information in the relevant databases or to forward any such information to you or to any third party. Upon termination of your account, your right to use the Services will immediately cease.
23.4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
24.1. From time to time, we may revise, amend or supplement these Terms, as necessary. We reserve the right to amend these Terms at any time in our sole discretion by posting the revised Terms on the Sites. It is your responsibility to periodically review these Terms to stay informed of all updates, every time you access and/ or use our Site. Your use of the Site and/ or Services will be subject to the current Terms, as posted on the Site, at the time of such use. You will be deemed to have been made aware of and to have accepted all changes in any revised Terms by your continued use of the Site as of the date such revised Terms are published.
24.2. Changes to these Terms are effective when they are published. We will alert you to any changes by updating the “Last Updated” date of these Terms. You waive any right to receive specific notice of each such change.
We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to any third-party without notice and without the need to receive your consent.
26.1. You agree that these Terms will not be construed against us by virtue of us having drafted them.
26.2. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
26.3. No delay or failure by us to enforce any provision of the Terms will be deemed a waiver or create a precedent or will prejudice our rights.
26.4. By using the Services, you agree to be bound by these Terms, and to the extent that any or all terms of these Terms are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Company with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms shall supersede such other agreement and prevail.
26.5. If any provision in these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall remain in full force and effect.
26.6. These Terms and any policies posted by us on the Site constitute the entire agreement and understanding between you and us.
26.7. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.
26.8. You hereby waive all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
26.9. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions or concerns, including if you need to access these Terms in an alternative format, we encourage you to contact us via e-mail at email@example.com.