Terms and condition

These terms and conditions (“Terms”) have been established by [Yunometa Limited] (“Company”) to govern the Yunometa Platform and all uses thereof, including the Yunometa website and the Yunometa apps (“Offerings”). By engaging in or undertaking any of the herein-mentioned activities, you confirm that you understand and agree to these terms and conditions, together with any documents that may be expressly referred to and are incorporated by reference. You will be deemed to be a “User” who is legally bound by these Terms.

These Terms constitute a legal agreement between you and the Company and govern your access to and use of the Platform, including any content, functionality, and services offered on or through the same.

The Company reserves the right to change or modify these terms at any time and at its sole discretion. You agree and understand that by accessing or using the Platform following any change to these Terms, you are regarded as having agreed to the revised Terms.

These Terms shall govern the following Yunometa Offerings, including:

  • ACCESSING, DOWNLOADING OR USING THE YUNOMETA PLATFORM, WEBSITE OR ANY OF THE YUNOMETA APPS
  • CREATING ANY COLLECTIBLE ON THE YUNOMETA PLATFORM, WEBSITE OR APPS (collectively referred to as “PLATFORM”) OR TRADING, BUYING, SELLING, TRANSFERRING OR RECEIVING ANY COLLECTIBLE THAT WAS CREATED ON A YUNOMETA PLATFORM
  • USING, SENDING TOKENS TO, RECEIVING TOKENS FROM, SENDING MESSAGES TO OR OTHERWISE TRANSACTING WITH THE PLATFORM
  • USING, TRANSFERRING, VOTING, BUYING, SELLING OR RECEIVING THE YUNOMETA TOKENS

Please email us at [email protected] for any concerns, questions or issues.

1. Definitions and related information

"Collectible" means any one or more of the following without limitation:

  1. Any art (including without limitation, designs, drawings, prints, images in any form or media, including without limitation videos and photographs);
  2. Audio files;
  3. Collectibles;
  4. Memorabilia;
  5. Game assets.

"NFTs" means non-fungible tokens.

"Relevant Law" means any law, rule, statute, subordinate legislation, regulation, by-law order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time, which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority.

"Yunometa Tokens" mean the Company’s native utility tokens, which can be bought, sold or traded on a cryptocurrency exchange.

"Offerings" mean the Yunometa Platform and all uses thereof, including the Yunometa website and the Yunometa apps.

"We/Us/Our" means the Company and any of its affiliates.

"You/User" means the operator or user of the Platform and includes creators, collectors, buyers, sellers, and anyone who has the legitimate possession of the NFT.

2. Basic Requirements

By agreeing to these Terms, the User represents and warrants that:

  • Users are not minors and have achieved at least 18 years of age.
  • Users have the full right, power and authority to agree to these Terms.
  • Users are not restricted due to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, the European Union, any EU country, the UK Treasury or the US Office of Foreign Assets Control (OFAC), or any governmental authority in any jurisdiction in which the Platform is available.
  • Users are not on a restricted/sanctioned list of AIIB or Financial Intelligence Unit of India.
  • Users are not subject to an investigation by any regulatory authority or have been convicted, or subjected to any similar criminal sanction, by any court or governmental body of competent jurisdiction, for engaging in money laundering, financing of terrorism, corrupt practice, fraudulent practice, coercive practice or collusive practice.
  • Users are compliant with all Relevant Laws applicable to them.
  • Users have read, understood and agreed to our Terms.

3. Platform Sign Up

Users must sign up and create an account (“Sign Up”) to use the Platform. In order to Sign Up, we require Users to provide specific information about themselves and we may, at our discretion, require them to provide further information and/or documents at any stage during their use of the Platform. We may, at our discretion, refuse, decline, suspend or disable access or use of the Platform.

The Company shall have the right at any time to change or discontinue any or all aspects or features of its Platform and services at any time without prior notice.

4. Fees and other Charges

  1. Creating, buying, selling, auctioning or transferring NFTs or Collectibles may be subject to fees, commissions, royalties and other charges (“Fees”) established from time to time at the sole discretion of the Company. On the publication of these Terms, Fees include the following:
    • Service fees established by and payable to the Company
    • Commissions/royalties on the secondary sales of NFTs and/or Collectibles, established by and payable to the appropriate persons
  2. Forms of Payment: Fees may be paid or payable solely in the manner determined by the Company, and the same can be altered at any time at the Company’s sole discretion.
  3. All transactions and payments on the Platform are final.

5. Permitted and Prohibited usage of Platform

  1. The Platform is reserved exclusively for usage in accordance with the Relevant Laws. The Company grants the User a non-transferable, revocable license to access and use the content on its website. (“Permitted Usage”)
  2. Users shall not directly or indirectly undertake any of the following matters, which are referred hereinafter as the Prohibited Usages:

    • Employ any device, scheme, or deception to defraud, or otherwise materially mislead, by impersonating or assuming any false identity
    • Engage in any act, practice or course of business that operates or would operate as a fraud upon the Platform
    • Violate, breach or fail to comply with any applicable provision of these Terms or other contract governing the use of the Platform
    • Use the Collectibles by or on behalf of a competitor of the Company or competing platform or service for the purpose of interfering with the Collectibles offered by the Platform to obtain a competitive advantage
    • Engage or attempt to engage in or assist any hack of or attack on the Platform/ Offerings or theft of any NFTs or Collectibles, Yunometa Tokens or funds, or upload files that contain viruses, corrupted files, or any other software or programs that may damage the operation of another’s computer or property or interfere with the Platform
    • Create, buy, sell, auction or use any NFT/ Collectible that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable User owns or controls the rights thereto or has received all necessary consent to do the same
    • Commit any violation of Relevant Laws, rules or regulations
    • Use the NFTs/ Collectibles in connection with surveys, contests, schemes, spamming, or any duplicative or unsolicited messages (commercial or otherwise)
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
    • Engage in or knowingly facilitate any fraudulent, deceptive or manipulative trading activities, including trading NFTs at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such NFTs, unduly or improperly influencing the market price for such NFTs or establishing a price, which does not reflect the true state of the market in such NFTs;
    • Use the Platform to engage in any lottery, bidding fee auctions, contests, or other games of chance

6. Third-Party Contributions and Content

The Platform allows users to create a profile where they can post information about themselves, display their NFTs and sell NFTs they own; and artists or creators of NFTs can put their NFTs up for sale via auctions.

The Company does not endorse or assume any responsibility for the ownership of the NFTs or Collectibles on the Platform, or any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases the Company from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions.

User further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the Offerings, or any resources, products, services, content or promotions from third parties.

The Company makes no representations or warranties as to the quality, origin or ownership of any content found on its Platform. The Company shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. The Company shall not be liable for any losses, injuries or damages from the purchase, inability to purchase, display or use of content.

Each User grants to the Company the right to use their name and image for marketing or promotional purposes and agrees that the Company may use or modify images of the NFTs and/or Collectibles for marketing or promotional purposes. Users also agree that the Company can use their biography and other public information to promote the NFTs and/or Collectibles.

The Company reserves the right to prohibit any upload of NFTs and/or Collectibles on its Platform. The Company is not required to monitor any User content, but at its discretion, may remove any User content at any time and for any reason without notice. The Company may monitor the User content to detect and prevent illegal activity or infringement of these Terms.

7. Auction Sale

Users may sell and purchase NFTs and/or Collectibles through the Auction procedure. Users’ involvement in the Auction is subject to the rules available on the Platform. The Users may only participate in the Auction by linking their digital wallet, which must be a type supported by the Platform, to their respective account. The Company may pause, cancel or terminate User’s Auction transactions at its discretion without any liability.

8. Intellectual Property

Unless otherwise indicated by us, and except to the extent of the User content, it is hereby agreed and acknowledged that the Platform, all its content, and other materials contained therein, including, without limitation, the Company logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Platform (the “Content”) are the proprietary property of the Company or its affiliates or licensors as applicable.

The Company logo and any Platform product or service names, logos or slogans that may appear on the Platform or elsewhere are the proprietary property of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Unless otherwise stated, User shall not use any Content without express written permission of the Company.

The Company reserves the right to suspend or terminate any account or User that has actually or allegedly infringed upon any person’s intellectual property rights.

9. NFT/ Collectible Ownership

Apart from the Content, all other copyrights, trademarks, product names and logos on the Platform relating to and including the NFTs and/or Collectibles and other User content are the property of their respective owners and may not be copied, or used, in whole or in part, without the permission of the applicable intellectual property right owner.

When the User buys an NFT and/or Collectible on the Platform, the User shall own the NFT/ Collectible and have the right to sell, use or give away the same. If the NFT is associated with a Collectible, the User will have a worldwide, perpetual, exclusive, transferable, license to use, copy and display the Collectible, for so long as the User owns the NFT, solely for the following purposes:

  1. or their own personal and non-commercial use
  2. As part of the Platform that permits the purchase, sale and display of NFT
  3. As part of a third-party website or application that permits the inclusion, involvement, storage or participation of User’s NFT

In case any User believes that a third-party material hosted by the Platform infringes their copyright or trademark rights, kindly notify us with the relevant documentation at [email protected]

10. Privacy Policy

To access the NFTs, a User must explicitly consent to the Company’s privacy and data security practices, which can be found by visiting our privacy policy at [------].

11. Termination

The Company reserves the right to terminate a User’s access to or use of any or all of the NFTs and/or Collectibles at any time, without notice, for violation of these Terms or for any other reason, or based on the discretion of the Company.

The Company reserves the right to terminate the accounts or block usage of the NFTs and/or Collectibles of any party who is repeatedly charged with infringement.

12. Disclaimer

To the fullest extent permitted by law, the Company is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the NFTs and/or Collectibles and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the NFTs and/or Collectibles. Each User acknowledges and agrees that use of the Offerings is at the User’s own risk.

Users may engage in the promotion of their respective User content, including without limitation their Collectibles, through various communications channels such as their social media accounts. The Company is not responsible for any such communications and/or advertising activities carried out by the Users and will not be liable in relation to any such communications and/or advertising activities.

Users shall bear full responsibility for verifying the identity, legitimacy and authenticity of the assets, NFTs and Collectibles they purchase on the Platform. Notwithstanding indicators and messages that suggest verification, the Company makes no claims about the identity, legitimacy or authenticity of assets on the Platform.

Except as explicitly provided to the contrary in writing by Company, the Platform, content contained therein, and the NFTs and/or Collectibles listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.

The Company makes no warranty that the Platform will meet the User’s requirements; be available on an uninterrupted, timely, secure or error-free basis; or be accurate, reliable, complete, legal or safe.

The Company will not be liable for any loss of any kind from any action taken or taken in reliance on material or information contained on the website. The Company does not represent or warrant that any content on the Platform is accurate, complete, reliable, current or error-free.

Though Company attempts to make the User’s access to and use of the Platform and content safe, the Company does not represent or warrant that the Platform, content, any NFTs and/or Collectibles listed on the Platform are free of viruses or other harmful components. The Company cannot guarantee the security of any data that Users disclose online. Users acknowledge and accept the inherent security risks of providing information and dealing online over the Internet. The Company shall not be responsible for any breach of security. The Company shall not be responsible or liable to Users for any loss and take no responsibility for, and shall not be liable to any User for any use of the NFTs and/or Collectibles including but not limited to, any losses, damages or claims arising from a User error such that the User has forgotten one’s password(s), incorrect transactions or mistyped addresses; server failure or data loss; corrupted wallet files or loss of NFTs and/or Collectibles.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the website and the content contained therein. The foregoing does not affect any warranties that cannot be excluded or limited under Relevant Law.

13. Limitation of Liability

To the fullest extent permitted by law, in no event shall the Company be liable to the User or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms, the Platform, products, NFTs, Collectibles or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Company has been advised of the possibility of such damages. Access to, and use of the Platform, products, Collectibles, NFTs or third-party sites and products are at the User’s own discretion and risk, and the User shall be solely responsible for any damage to the computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of the Company shall exceed, Fees received by the Company from the respective User.

14. Assignment or Transfer

Unless otherwise stated herein, these Terms, and any rights and obligations and licenses granted hereunder, are limited, revocable, non-exclusive and personal to each User and therefore may not be transferred, assigned or delegated by the User to any third party without our written consent, but may be transferred, assigned or delegated by the Company without notice and restriction, including without limitation to any of the entities within the Company group, or to any successor in interest of any business associated with the Platform. Any attempted transfer or assignment in violation hereof shall be null and void.

15. Severability

If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision shall be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Relevant Laws.

16. Entire Agreement

These Terms constitute the entire agreement between the parties regarding its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings and agreements relating to the same subject matter, (whether oral or in writing, express or implied). Each party acknowledges that in agreeing to these Terms it does not rely on any statement, representation warranty, or understanding other than those expressly set out in these Terms.

17. Translations

These Terms are concluded in the English language, and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for the User’s convenience or otherwise) into any other language, the English language text of these Terms shall prevail.

18. Relinquishment or Waiver

These Terms shall not be renounced in whole or in part except if agreed by the parties in writing. The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be collective.

19. Notices

By using the Platform, the User agrees to receive from the Company, notices or other communications, including marketing, relating to use of the Platform electronically:

  • Via email (in each case to the address that the User provides), SMS message or telephone call (in each case to the phone number that the User provides) OR
  • By posting to the Platform

For notices sent by email, the date of receipt will be deemed the date on which such notice is transmitted. The User will always be given the option to unsubscribe from receiving any marketing material from the Company. Notices to Company should be sent electronically to [email protected]

20. Governing Law and Arbitration

These Terms are governed by and shall be construed in accordance with the laws of Singapore without regard to any choice or conflict of laws rules. Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue, which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC Administered Arbitration Rules in force when the notice of Arbitration is submitted. The law of this arbitration clause shall be Singapore law. The seat of arbitration shall be in Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.

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