NFT11 TERMS AND CONDITIONS
Last Updated: 27 Sep 2022
These General Terms and Conditions (hereinafter referred to as the “Agreement”) are entered into between you (hereinafter referred to as “you”, “your” or “User”) and NFT11 Operators (as defined below, hereinafter referred to as “we”, “our”, “us” or “NFT11”). This Agreement governs the use of NFT11’s website (https://nft11.io/) and any successor URLs (the “Websites”), online gaming and mobile applications (“NFT11 App,” “App”), and other digital platforms and Services provided by NFT11 Operators including smart contracts, collectively our “Platforms”.
NFT11 reserves the right to continuously develop its online and mobile games and other service offerings in order to ensure they remain consistently attractive to the largest possible number of users. Users are to be informed about this in an appropriate manner.
NFT11’s Platforms are intended for the purpose of entertainment and individual consumption. There will be use of these games or services for business or commercial purposes. NFT11 advises users that rollbacks or content resets may occur, in which game progress and, in some cases, virtual items acquired in the game are reset. This may happen in particular where NFT11 has allowed the user to participate in an online or mobile game version that is not yet complete (soft launch or beta version).
In addition to these general terms and conditions, any existing rules relating to the respective Platforms shall also apply. In the case of an inconsistency between these general terms and conditions and the rules of the game, the provisions of these general terms and conditions shall take precedence. In addition, specific terms and conditions shall also apply to certain Platforms, specific versions and/or components of online or mobile games, and individual services offered on the Websites as appropriate. Users will be appropriately informed of any specific terms and conditions prior to the use of the respective offer.
Users may have the opportunity to use the services provided by contractual partners of NFT11 for various online and mobile games as well as other services. In these cases, a separate contract between the user and the respective contractual partner of NFT11 shall be concluded. Users will be informed of this in an appropriate manner prior to concluding the contract.
This Agreement forms a legally binding agreement between you and NFT11 – please read them carefully before accessing or using our Platforms. By accessing or using our Platforms, you signify your acceptance, assent and agreement to these General Terms and Conditions. If you do not agree to these General Terms and Conditions, you are not authorised to continue the use of our Platforms.
Other provisions or general terms and conditions of the user that deviate from this Agreement shall only apply if NFT11 gives prior consent to their validity.
1. Definitions and Interpretations
Unless otherwise defined, all words used in this Agreement shall contain the following meanings:
1.1. “NFT11 Operators” refers to all parties that operate NFT11, including but not limited to Dimension Meta Pte. Ltd. (UEN 202142026H), legal individuals, unincorporated organisations, and teams that provide NFT11 online games and services and are responsible for such games and services.
Under this Agreement, NFT11 Operators may change in accordance with business needs, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of NFT11 Operators may be expanded due to the provision of new Services, in which case, if you continue to use these Services, it is deemed that you have agreed to jointly execute these terms with the newly added NFT11 Operators. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
1.2. “Digital Assets” are assets that can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital currency, digital tokens, cryptocurrency, and any other type of digital medium of exchange.
1.3. “Services” include all products, smart contracts, offerings, games and features offered by NFT11 through the Platforms.
1.4. “Smart Contracts” are self-executing lines of code with the terms of the transaction automatically verified and executed via a blockchain network. Smart Contracts are conducted and occur on the decentralised ledger within the network and any transactions that you engage in will be conducted solely through the blockchain via a digital wallet.
NFT11 has no control over and makes no guarantees or promises with respect to the smart contracts nor do we have the ability to reverse any transactions. NFT11 is also not responsible for any losses arising in respect of the blockchains or any other features of the network or electronic wallets, such as any failure to make timely report by the developers or representatives of any issues with the blockchain supporting the network, including forks, technical node issues, or any other issues. NFT11 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 our Websites, or any other transactions that you conduct via a blockchain network.
2. Conclusion of Contract
2.1. In order to use our Platforms users must register for and, if needed, install the App in question. Users have no right to claim registration or the conclusion of a contract with NFT11.
2.2. Only natural persons are eligible for registration. Only individual persons are permitted to be authorised users (no groups, families, spouses or life partners, etc.).
2.3. If you are under the age of majority or otherwise incapable of binding yourself to a legal contract in the jurisdiction from which you enter into this agreement, you must have your legal guardian (e.g., your parent) or someone with an authorised power of attorney review this agreement and consent upon your behalf for registration/authorisation, or you should not proceed any further. Notwithstanding the foregoing, NFT11 has not designed the Platforms with the intention that such be used by minors nor does it market the Platforms for use by minors.
2.4. Users must enter a username and generally an email address registered to the user in order to register for the Platforms. Users have no claim to a particular username. The selected username may not infringe upon the rights of third parties and violate existing legal prohibitions or common decency. Moreover, no email or web address may be used as a username. Users must ensure that the information provided to NFT11 during registration is genuine and complete.
2.5. Users may be allowed the option to register via third-party providers (for example, social networks or mobile app stores). For this purpose, the data required for registration is retrieved from the user’s account with the respective third-party provider.
2.6. The registration must be conducted in person. Registration performed via third parties, especially those that register individual people commercially at various service providers (registration services and/or entry services), is not permitted.
2.7. Upon successful registration, the user opens an account (hereafter, “User Account”) which the user manages independently. The User Account cannot be transferred without the consent of NFT11.
2.8. A right to registration or activation does not exist.
3. General User Obligations
3.1. User Data
You agree to immediately inform NFT11 of any future changes to data entered upon registration, in particular any change to the email address. You are obliged to confirm the accuracy of their data to NFT11 upon request.
We will maintain certain data that you transmit to our Platforms for the purpose of managing the performance of our Platforms, as well as data relating to your use of our Platforms. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Platforms. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
3.2. Login Data, Identification, Passwords
3.2.1. You are required to maintain strict confidentiality regarding all login data, identification, and passwords.
3.2.2. The terms “login data,” “identification,” and “passwords” include all letter and/or character and/or number sequences, used to authenticate users and to prevent use by unauthorised third parties. The password should not be identical to the username and should consist of a combination of numbers and letters.
3.2.3. You are required to protect all login data, identification, and passwords from third-party access.
3.2.4. In the event that a user has reason to believe that third parties have obtained or may have obtained unauthorised login data, identification, or passwords, the user shall inform NFT11 immediately and change their data or have it changed by NFT11. In this case or in the event that NFT11 has concrete evidence of misuse of data, NFT11 has the right to temporarily block access to the user’s account. If there is evidence of misuse of data, NFT11 shall inform the user.
3.2.5. You are under no circumstances entitled to use the login data of another user, unless the rules of the respective Platforms or other services allow for exceptions.
3.3. Use of NFT11 Platforms and Content
3.3.1. NFT11’s Platforms include various content that is protected by trademarks, copyrights, or other means for the benefit of NFT11 or third parties. Unless explicitly permitted within these general terms and conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes of any of NFT11’s Platforms, or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use are permitted. Copyright information and brand names may not be changed, hidden, or removed.
3.3.2. The term “content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by NFT11. The term “content” also includes, in particular, all services available for download.
3.3.3. You are obliged to abstain from any activities which may compromise or interrupt the proper functioning of NFT11’s Platforms. You are also required to abstain from any activities which may allow unauthorised access to data. Content may only be called up in a manner that does not affect other users’ use of NFT11’s Platforms and content. The transfer of data or software that may affect the hardware or software of recipients is not permitted.
3.3.4. Any use of NFT11’s Platforms for commercial purposes, especially advertising purposes, requires the express prior written consent of NFT11.
3.3.5. You are not entitled to publish content on NFT11’s Platforms.
3.3.6. The use of NFT11’s Websites through an anonymisation service that is hiding the true IP address of the user is not permitted.
3.4. In the case of offers that require the prior installation of client software, NFT11 grants the user an unrestricted, non-exclusive, non-transferable, personal, and time-limited (in terms of the user agreement) right to install the client software and use it for the agreed purposes according to these general terms and conditions and the rules of the respective game. Any form of commercial use of the software is prohibited. Modifications to the client software and a back-translation of the relinquished programming code into other code forms (decompilation) and other types of reverse engineering of the software’s various production levels are prohibited if these are not required for establishing interoperability.
4. Prohibited Use
4.1. You must not access or use our Platforms for any purpose other than that for which we make our Platforms available. You must also not use our Platforms in connection with any commercial endeavours, except if we have expressed agreement to allow you to do so in a contract with us.
4.2. You are prohibited from any form of manipulative interference made to our Platforms. In particular, you are not entitled to utilise measures, mechanisms, or software that could interfere with the function or progress of the game. You may not take measures that may cause an unreasonable or excessive burden on technical capacity. You are not allowed to block, rewrite, or modify content generated by the game administration or to interfere with the game in any other manner.
4.3. Under no circumstances may you:
(a) create or use cheats, mods and/or hacks, or any other third-party software products that may change the result of the online or mobile game;
(b) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
(c) sell, buy, or trade user accounts;
(d) make any unauthorised use of our Platforms, such as collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
(e) circumvent, disable, or otherwise interfere with security-related features of our Platforms, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Platforms and/or the content contained therein;
(f) interfere with, disrupt, or create an undue burden on our Platforms or the networks or services connected to our Platforms;
(g) attempt to bypass any measures of the Site designed to prevent or restrict access to our Platforms, or any portion of our Platforms;
(h) systematically retrieve data or other content from our Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory;
(i) attempt to impersonate another user or person or use the username of another user;
(j) use any information obtained from our Platforms to harass, abuse, or harm another person;
(k) sell or otherwise transfer your profile;
(l) use a buying agent or purchasing agent to make purchases on our Platforms;
(m) upload or transmit (or attempt to upload or to transmit) viruses, Trojans, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of our Platforms or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of our Platforms;
(n) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
(o) except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses our Platforms, or using or launching any unauthorised script or other software;
(p) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Platforms;
(q) delete the copyright or other proprietary rights notice from any content in our Platforms;
(s) use our Platforms as part of any effort to compete with us or otherwise use our Platforms and/or its content for any revenue-generating endeavour or commercial enterprise;
(t) make improper use of our support services or submit false reports of abuse or misconduct;
(u) harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of our Platforms to you;
(v) use our Platforms to advertise or offer to sell unauthorised goods and services;
(w) engage in unauthorised framing of or linking to our Platforms;
(x) disparage, tarnish, or otherwise harm, in our opinion, us and/or our Platforms; or
(y) use our Platforms in a manner inconsistent with any applicable laws or regulations.
This includes all circumventions, similar actions, or actions that produce an effect that matches the aforementioned bans.
4.4. You are also prohibited from running the Platforms (including all individual web pages) with other programs besides an Internet browser or the client program that has been provided. This refers in particular to so-called bots and other tools meant to replace or supplement the web interface. Also prohibited are scripts and completely or partially automated programs that provide users with an advantage over other users. This includes auto-refresh functions and other integrated browser mechanisms if they involve automated procedures.
4.5. Automated opening of user accounts, regardless of whether the homepage is displayed or not, is not permitted.
5. Specific Conditions for the Use of Communication Facilities (Particularly Discussion Forums, Chats, Comments)
5.1. NFT11 may provide users with different communication facilities for self-created entries and posts on NFT11’s Platforms and on social networks (particularly discussion forums, chats, blogs, guest books, etc. as well as the utilisation of their comment functions, altogether known as the “communication facilities”), which the user may use when available. In this regard, NFT11 only provides users with the technical environment for an exchange of information. However, users do not have the right to claim communication features.
5.2. Users take full responsibility for the content and entries they post. Users agree to release NFT11 from any legitimate claims from third parties arising from a culpable violation of the users’ obligations. NFT11 expressly disclaims any ownership of the content posted by users.
5.3. Within the context of these communication facilities, users are prohibited from publishing or distributing content on NFT11’s Platforms that:
(a) violates an applicable law, goes against common decency, or breaches the general terms and conditions or the rules of the respective game;
(b) violates trademarks, patents, utility or design patterns, copyrights, trade secrets, or other rights of third parties;
(c) is obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
(d) is of an abusive, harassing, or defamatory nature;
(e) includes chain letters or pyramid schemes;
(f) falsely suggests that it is provided or supported by NFT11;
(g) contains personal data belonging to third parties without their explicit consent; and/or
(h) is commercial, in particular promotional, in nature.
5.4. The inclusion of websites, companies or product names is only permitted when it is not primarily for the purpose of advertising.
5.5. All users of these communication facilities are required to use appropriate and acceptable language. Defamatory criticism or derogatory attacks are not permitted.
5.6. Notwithstanding any other rights under these general terms and conditions, NFT11 has the right to fully or partially remove content and entries that violate the rules of these general terms and conditions. NFT11 also has the right to permanently or temporarily suspend users who violate these rules from further use of the communication facilities, or to terminate the contract under the conditions of article 20.
6.1. NFT(s) are unique Digital Assets featuring all NFT(s) within the NFT11 Metaverse including but not limited to Players, Seats and Move Cards. These NFT(s) are non-fungible tokens using Blockchain Technology and issued by NFT11.
6.2. Certain NFT(s) can be classified based on a level of scarcity specified for each issuance. For instance, the Legend Players have a limited supply of 47,500.
6.3. Our NFT(s) are sold without an investment purpose and/or for the purpose of gaining additional value, even if the NFT(s) are resold via the Marketplace or through a Third-Party Service or marketplace.
6.4. When you purchase an NFT, you become the definitive owner of the NFT/in-game asset. Except where otherwise explicitly stated to the contrary, you have the right to freely dispose of your NFT (via sale, loan, donation, transfer, etc. including in the Marketplace or through a Third-Party Service or marketplace).
6.5. The player image, team branding (including trademarks and jerseys) and other elements figuring in the NFT(s) are officially licensed from the relevant third-party rights holder. This may include third-party patent rights, image rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognised in any country or jurisdiction in the world.
6.6. Subject to compliance with these Terms, you are hereby granted, on a non-exclusive basis, a worldwide licence to use, display and transfer the NFT(s) that you legitimately own for the period that you own the relevant NFT(s), for personal and non-commercial purposes only. For the avoidance of doubt, you are only authorised to use, display, and transfer NFT(s) as part of the use, display, and transfer (as applicable) of the NFT(s). Any other use, display or transfer of the NFT(s) is strictly prohibited.
7. Intellectual Property
7.1. Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our Platforms and in the material published on them, including but not limited to source codes, databases, functionalities, software, website designs, audio, video, texts, photographs, and graphics. Those works are protected by legislation such as copyright, designs and trademark legislations and under international treaties and national laws worldwide.
7.2. In general, all trademarks, logos and service marks (collectively, trademarks) that appear on our Platforms are registered, unregistered or otherwise protected by our trademarks or are licensed for use by us by third-parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on our Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without our prior written permission or that of such third-party who owns the trademark. Misuse of any trademark displayed on our Platforms, or any other content on our Platforms, except as provided herein, is strictly prohibited.
7.3. All content on our Platforms is also either copyrighted or licensed for use by us. All rights are reserved.
7.4. You may print one copy and may download extracts, of any page(s) from our Platforms, or download our mobile application onto your mobile device, for your own non-commercial, educational, private or domestic use only, and you may draw the attention of others within your organisation to content posted on our Platforms, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed.
7.5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.6. Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.
7.7. You are not authorised to, sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any part of the content on our Platforms in any way for any public or commercial purposes unless otherwise stated in these General Terms and Conditions without obtaining a licence to do so from us or our licensors. The content on our Platforms may also not be displayed or communicated by you on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever without a licence to do so from us or our licensors.
7.8. You are also not authorised to systematically retrieve data or other content from our Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
7.9. Provided that you own our NFT asset, you are granted a limited license to create fan-art and merchandise from such NFT asset which can be used commercially given that you follow the terms hereunder:
(a) Before creating any fanart, you must either own the NFT asset you are creating the fanart from or obtain permission from the owner of the NFT asset to do so;
(b) The fanart must not use the original NFT asset. Your fanart must instead be a work unique and different from (but possibly inspired by) the original NFT asset; and
(c) The fanart must clearly be displayed with the description “NFT11 Fanart”, a link to our Website (https://nft11.io/), and a link directly to the asset that is used as the inspiration for the fanart.
(d) You may generate up to a maximum of US$20,000.00 in revenue from any of our NFTs. Thereafter, an official licence agreement must be signed with us. Such revenue may be derived from fanart (tokenised, digital or physical) or merchandise (t-shirts, mugs, hoodies etc).
7.10. In the event of a breach of any of these General Terms and Conditions, your permission to use our Platforms will automatically terminate and any copies made of any content on our Platforms must be immediately destroyed. Any unauthorised use of the content on our Platforms may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. Consequences of Breach of Duty
8.1. NFT11 is not liable for damages resulting from a breach of duty by users.
8.2. Regardless of any additional legal or contractual rights, it is at the reasonable discretion of NFT11, against any user who culpably breaches statutory law, third-party rights, these general terms and conditions, or any respective additional regulations and game rules, to:
(a) delete content;
(b) warn a user;
(c) temporarily or permanently block a user from specific or all Platforms and content of NFT11’s websites;
(d) suspend a user, including from certain game functions (e.g. chat);
(e) issue a temporary or permanent virtual ban from the house; and/or
(f) terminate the user contract under the conditions of article 20 of this Agreement.
8.3. If users have been blocked or excluded, they may not log in to a service provided by NFT11 without the prior consent of NFT11.
9. Usage Fees
9.1. Users can play our online and mobile games essentially offered free of charge. However, the user can use money to purchase Digital Assets or virtual currency (e.g. gold, credits, tokens, the “premium currency”), certain virtual features, and other services (together with the “purchasable features”) within the context of the game. The price of the desired virtual currency appears in Singapore dollars, US dollars, or in another currency used in the user’s region including cryptocurrency. The user can purchase advantages or virtual items in the game with the premium currency purchased.
9.2. Users will be informed separately about the features available for purchase, especially which function each feature provides, the duration of availability of the feature for purchase (if applicable), the purchase price and the available payment methods in connection with the online or mobile game.
9.3. Users can submit their offers to purchase the available features by selecting the desired item and desired payment method offered in the respective Platforms, then clicking on the Buy Now/Loan/Trade button, and thus concluding the order process. The contract between the user and NFT11 is concluded upon the successful completion of the order process.
9.4. The payment options vary according to the Platforms, participant country, and the market availability of technically feasible payment options. They are displayed to the user at the start of the order process.
9.5. The money is collected via the service provider commissioned by the user for the respective payment process or via a transfer made by the user; for mobile games, money is collected via the respective app store or website. In individual cases, the general terms and conditions included by the authorised service provider may be applicable in addition to the general terms and conditions of NFT11.
9.6. After completion of the payment process or, in the case of a transfer, after the receipt of the money in NFT11’s account, NFT11 shall credit the purchased features to the user’s account.
9.7. In mobile games on the websites of individual business partners and in online and mobile games that have been integrated into social networks, the conclusion of the contract may deviate from the procedure described here. In these cases, users will be informed of the specific procedure for concluding a contract.
9.8. The user acknowledges and ensures that all the information provided in the context of a payment transaction (in particular bank account, credit card number, etc.) is complete and correct.
9.9. NFT11 retains the right to increase or decrease the fees for all individual features in all future cases of purchases of purchasable features.
9.10. In case of default, statutory interest accrues. NFT11 is also entitled to block the user account, recover further damages, and terminate services.
9.11. Should NFT11 incur back charges or cancellation fees at the fault of the user (including an inadequate account balance), the user shall bear the costs incurred from this.
10. No Reliance on Information
10.1. The content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms.
10.2. Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platforms is accurate, complete or up-to-date.
11. Amendments to these General Terms and Conditions
11.1. We may make changes from time to time to these General Terms and Conditions by amending this page. Please check this page regularly to keep informed of any changes we made, as they are binding on you.
11.2. The latest version of these General Terms and Conditions will always be available on our Websites. Any new version of these General Terms and Conditions will take effect and govern the use of our Platforms and your relationship with us immediately upon the date of posting. By continuing to use our Platforms, you acknowledge, accept and agree to be bound by the terms of these updates and amendments.
12. Changes to Our Platforms
12.1. We may update our Platforms from time to time, and may change the content at any time. However, please note that any of the content on our Platforms may be out of date at any given time, and we are under no obligation to update it.
12.2. We do not guarantee that our Platforms, or any content on it, will be free from errors or omissions.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, shareholders, directors, members, agents, partners, attorneys, representatives, contractors and employees, from and against any potential or actual loss, damage, liability, claim, actions, suits, demand, costs expenses including reasonable attorneys’ fees and expenses, made by third-party due to or arising out of:
(a) use of our Platforms;
(b) your breach or our enforcement of this Agreement;
(c) any breach of your representations and warranties set forth in this Agreement;
(d) your violation of any applicable law, regulation, or rights of any third party during your use of the Platforms including but not limited to intellectual property rights; or
(e) any overt harmful act toward any other user of the Platforms with whom you connected via the Platforms.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence 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.
14.1. You expressly understand and agree that your access to and use of the Platforms are at your sole risk, and that the Platforms are provided “as is” and “as available” without representations or warranties of any kind, whether express, implied or statutory.
14.2. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, contractors and licensors make no express representations or warranties and hereby disclaim all implied representations or warranties regarding the Platforms and any part of them (including, without limitation, any external websites or software), including the implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability.
14.3. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, contractors and licensors do not represent or warrant to you that:
(a) your access to or use of the Platforms will meet your requirements;
(b) your access to or use of the Platforms will be uninterrupted, timely, secure or free from error;
(c) usage data or information provided through the Platform will be accurate, complete, reliable, current, without defect, omission, error, or without delay or interruption in the transmission of such data;
(d) the Platforms or any content, services, or features made available on or through the Platforms are free of viruses or other harmful components; or
(e) that any data that you disclose when you use the Platforms will be secure. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.
14.4. You accept the inherent security risks of providing information and dealing online over the internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
14.5. NFT11 will not be responsible or liable to you for any losses or damages you incur as the result of your use of the Binance Smart Chain (BSC) network or any other blockchain network we might be using from time to time, the metamask electronic wallet, and any other similarly supported wallets, including but not limited to any losses, damages or claims arising 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) authorised or unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute forcing or other means of attack against the app, Binance Smart Chain (BSC) network or any other blockchain network we might be using from time to time, the metamask electronic wallet, or any other similarly supported wallets.
14.6. NFT11’s Digital Assets are intangible and exist only by virtue of the ownership record maintained on blockchain networks. All smart contracts are conducted and occur on the decentralised ledger within the blockchain networks. NFT11 has no control over and makes no guarantees or promises with respect to smart contracts.
14.7. NFT11 is not responsible for damages or losses due to blockchains or any other features of the blockchain networks, the metamask electronic wallet, or any other similarly supported wallets, including but not limited to late reports by developers or representatives (or no report at all) of any issues with the blockchain networks we might be using from time to time, including forks, technical node issues, or any other issues having fund losses as a result.
15. Limitation of Liability
15.1. We try to ensure that the information provided on our Platforms is accurate and complete. However, we do not warrant or represent that the content in our Platforms is accurate, error-free or reliable or that use of our Platforms will not infringe rights of third-parties.
15.2. We will not be liable to any user 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, our Platforms or use of or reliance on any content displayed on our Platforms.
15.3. If you are a business user, please note that in particular, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
15.4. If you are a consumer user, please note that we only provide our Platforms for entertainment and individual consumption. You agree not to use our Platforms 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.
15.5. You are solely responsible for paying 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 authority (collectively, Taxes) associated with your use of our Platforms (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer of any NFT11 digital assets). Except for income taxes levied on us, you will pay or reimburse us for all national, federal, state, local, or other Taxes and assessments of any jurisdiction, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction and you shall not be entitled to deduct the amount of any such Taxes from payments made to us pursuant to this Agreement.
15.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platforms or to your downloading of any content on it, or on any website linked to it.
15.7. Smart contracts are conducted and occur on the decentralised ledger within the network and any transactions that you engage in will be conducted solely through the blockchain via a digital wallet. We have no control over and we make no guarantees or promises with respect to the smart contracts nor do we have the ability to reverse any transactions. We are also not responsible for any losses arising in respect of the blockchains or any other features of the network or electronic wallets, such as any failure to make timely report by the developers or representatives of any issues with the blockchain supporting the network, including forks, technical node issues, or any other issues. 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 our Platforms, or any other transactions that you conduct via a blockchain network.
15.8. We will maintain certain data that you transmit to our Platforms for the purpose of managing the performance of our Platforms, as well as data relating to your use of our Platforms. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or which relates to any activity by you on our Platforms. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
15.9. We assume no responsibility for the content of websites linked on our Platforms. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
15.10. You agree and acknowledge that we have made our Platforms available to you and entered into this Agreement in reliance on the terms therein, including these limitations of liability, which reflect a reasonable and fair allocation of risk between the parties and form an essential basis of the bargain between us. We would not be able to provide our Platforms to you without these limitations.
15.11. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by a third-party due to or arising out of the (1) use of our Platforms; (2) breach of these General Terms and Conditions (3) breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (5) any overt harmful act from any other person’s use of our Platforms with whom you connected. Notwithstanding the foregoing, we reserve the right to assume the exclusive defence and control of any matter for which you are required to indemnify us at your expense, and you agree to cooperate with our defence 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.
16. Assumption of Risk
16.1. 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 NFT11 Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFT11’s Digital Assets will not lose money.
(b) You are solely responsible for determining what, if any, taxes apply to transactions related to your NFT11 Digital Assets. NFT11 is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
(c) We do not store, send, or receive NFTs on our Platforms. This is because NFT11’s Digital Assets exist only by virtue of the ownership record maintained on the App’s supporting blockchain on the BSC Network, or any other blockchain we might use from time to time. Any transfer of NFT11’s Digital Assets only occurs on the network.
(d) There are risks associated with using encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralised form, 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 unauthorised access to information stored within your wallet. You accept and acknowledge that NFT11 will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the BSC Network, or any other blockchain, however caused.
(e) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the NFT11 ecosystem, and therefore the potential utility or value of NFT11’s Digital Assets.
(f) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the NFT11 ecosystem, and therefore the potential utility or value of NFT11’s Digital Assets.
17. Uploading Content to our Platforms
17.1. Whenever you make use of a feature that allows you to upload any content, questions, comments, suggestions, ideas, feedback or other information regarding our Platforms (“Submissions”) to our Platforms, or to make contact with other users of our Platforms, you must comply with the content standards set out in these General Terms and Conditions. You warrant that any such Submissions comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.
17.2. Any content you upload to our Platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platforms a limited licence to use, store and copy that content and to distribute and make it available to third-parties. We also have the right to disclose your identity to any third-party who is claiming that any content posted or uploaded by you to our Platforms constitutes a violation of their intellectual property rights, or of their right to privacy.
17.3. We will not be responsible, or liable to any third-party, for the content or accuracy of any content posted by you or any other user of our Platforms.
17.4. We have the right to remove any posting you make on our Platforms if, in our opinion, your post does not comply with the content standards set out in these General Terms and Conditions.
17.5. The views expressed by other users on our Platforms do not represent our views or values.
17.6. You are solely responsible for securing and backing up your content.
18. Linking to our Platforms
18.1. You may link to our Platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2. 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.
18.3. Our Websites must not be framed on any other site.
18.4. We reserve the right to withdraw linking permission without notice.
18.5. The website in which you are linking must comply in all respects with the content standards set out in this Agreement.
18.6. If you wish to make any use of the content on our Platforms other than that set out above, please contact [email protected].
19. Third-Party Links and Resources in our Platforms
19.1. Where our Platforms contain links to other sites and resources provided by third-parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
19.2. The inclusion of any link to such third-party sites does not imply endorsement by us of those sites. We have not reviewed all of the content contained in the linked sites and we are not responsible for the content or accuracy of any off-site pages or any other sites linked to our Platforms. If you choose to click through any link to off-site pages or third-party sites then this is and deemed to be done at your own risk.
19.3. We may also allow third-parties to display their advertisements and other information on the Website. We simply provide the space to place such advertisements, and we have no other relationship with these third-party advertisers. The inclusion of advertisements does not imply endorsement by us of the subject matter of the advertisements. We have not reviewed the contents of the advertisements and we are not responsible for the content or accuracy of any such advertisements. If you choose to click the advertisement link to off-site pages or third-party sites then this is and deemed to be done at your own risk.
20. Termination and Suspension
20.1. You may terminate this Agreement at any time by requesting the deletion of your User account and discontinuing your use of our Platforms.
20.2. The deletion of your User Account will result in the irreversible deletion of all user data associated with the User Account.
20.3. We may terminate, block or suspend your access to and use of our Platforms if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated our rights, our affiliated companies or any third-party, with or without notice to you. We may suspend your User Account and we will not be liable to you or to any other person as a result of any such suspension or termination. You agree that we may modify or discontinue providing access to our Platforms, with or without notice to you. You agree that we will not be liable to you or any third-party as a result of such modification or discontinuation. The provisions entitled “Limitation of Liability” and “General Provisions” will survive termination of this Agreement.
20.4. In the case of extended inactivity, we are entitled to delete the inactive User Account after giving prior notice of this. The length of inactivity may vary depending on the Platforms, but it is generally between 90 and 360 days. Following termination, NFT11 has the right to delete the User Account at its reasonable discretion within the framework of the applicable law.
21. Governing Law
21.1. This Agreement, its subject matter and its formation (and any non-contractual disputes or claims), are governed by the laws of Singapore. By agreeing to this Agreement, you agree that the courts of Singapore will have exclusive jurisdiction.
22. General Provisions
22.1. We make no representation that the content on our Platforms is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to our Platforms may not be legal by certain persons or in certain countries.
22.2. If any provision, or part thereof, of these General Terms and Conditions is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these General Terms and Conditions, and the legality, validity or enforceability of the remainder of the provisions of these General Terms and Conditions shall not be affected, unless otherwise required by operation of applicable law.
22.3. These General Terms and Conditions and any policies or operating rules posted by us on the Platforms constitute the entire agreement between you and us in relation to the use of our Platforms, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
22.4. Our failure to exercise or enforce any right or provision of these General Terms and Conditions shall not operate as a waiver of such right or provision. These General Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without your prior consent.
22.5. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any act, event, omission, accident, or cause beyond our reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
22.6. Any waiver by us of a breach of any provision of this Agreement will not operate to be interpreted as a waiver of any other or subsequent breach.
If you have any questions or comments about this Agreement, or matters generally, please contact us at [email protected].