1.Objects and Purposes
2.Definitions & Interpretation
“BNB” means Binance Coin, a cryptocurrency that can be used to trade and pay fees on the Binance cryptocurrency exchange;
“NFT” means a blockchain-tracked, non-fungible token;
“NFT (Digital Art)” means the NFT digital artworks which can be purchased and sold within the Services;
“DEAPcoin” means a crypto asset used for buying and selling of NFT (Digital Art) through the Services;
“Instant Purchase” means the purchase and sale of NFT (Digital Art) through a direct transaction between buyer and seller;
“PlayMining NFT Premier” means the Company’s webservice platform available at http://nft-premier.playmining.com/;
“Usage Fee” means the fee payable to the Company for the Services in connection with purchase or sale of NFT (Digital Art); and
3.Representations and Warranties
By using the Services, the User represents and warrants that:
The User complies with all applicable laws that relate to anti-money laundering and countering the financing of terrorism, including but not limited to the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Chapter 65A of Singapore), the Terrorism (Suppression of Financing) Act (Chapter 325 of Singapore) and the United Nations Act (Chapter 339 of Singapore).
4.Restriction, Suspension or Termination of Usage of Services
The User acknowledges and agrees that the Company shall be entitled to terminate, suspend or restrict the User’s access to any part of the Services, at any time, without notice, such as, but not limited to, the following situations:
the User is subjected to any governmental proceeding, criminal investigation, litigation, etc.;
the User’s use of the Services is in connection with any unlawful, illegal or prohibited activity;
a petition for bankruptcy is filed against the User; and
any other events which is deemed by the Company, in its sole and absolute discretion, to be inappropriate for the User to continue using the Services.
Notwithstanding the above, the Company will make reasonable efforts to notify the User’s access to the Services may be restricted, suspended or terminated. The User acknowledges and agrees that the Company shall assume no liability for any damage suffered by the User or obligation to refund of any amounts the User have already paid to the Company due to their access to the Services being restricted, suspended, or terminated.
5.Purchase and Sale of NFT (Digital Art)
The User may enter into transactions for the purchase or sale of NFT (Digital Art) with the Company and/or other Users by way of an Instant Purchase or participation in an open auction process.
All Instant Purchases of NFT (Digital Art) shall be paid by the buyer to the seller with DEAPcoin, BNB or other cryptocurrency as permitted by the Services.
The User may purchase or sell NFT (Digital Art) via an open auction as follows:
Users may list NFT (Digital Art), which shall be sold on the Services via an open bidding auction. Only NFT (Digital Art) can be listed on the Services. The Company reserves the right to remove listings that are not in respect of NFT (Digital Art).
The NFT (Digital Art) are bid with DEAPcoin, BNB or other cryptocurrency as permitted by the Services.
The NFT (Digital Art) is won by the highest bidder at the time of closing of the auction.
The length and time for which each auction is open shall be notified at the start and through the duration of the auction.
The starting bid of each auctioned NFT (Digital Art) will be stated prior to bidding commencing. The increments for each successive bid will be notified at the point of the bid.
All bids submitted are irrevocable undertakings by each User to purchase the NFT (Digital Art) at that stipulated bid price, assuming that the User is the highest bidder.
The operation of all auctions shall be subject to the Company’s sole and absolute discretion, including its authority to change any listed prices, removing the Users from auctions, and delisting or relisting NFT (Digital Art) for sale. The User acknowledges and agrees that the Company shall assume no liability for any damage suffered by the User due to their usage of any auction being modified, restricted, suspended, or terminated.
The sale of NFT (Digital Art) shall become valid upon the acceptance of the purchase offer or upon the completion of the auction. Upon completion of the purchase and sale of the NFT (Digital Art), the User will become the owner of the relevant NFT (Digital Art) (“Purchased NFT”) and have full title to the Purchased NFT.
The User is responsible for having sufficient balance of DEAPcoin, BNB or other cryptocurrency used for the payment on the User’s Wallet to complete the full payment of NFT (Digital Art) (including the total Usage Fee), depending on the payment method they have selected, or the transaction may be cancelled automatically without notice.
The User agrees that the Company shall not incur any liability if the User is unable to complete any transaction or that the transaction may be cancelled automatically without notice because of: (i) insufficient balance of DEAPcoin, BNB or other cryptocurrency as permitted by the Services used for the payment in the User’s Wallet; (ii) malfunction of the Services due to circumstances beyond the Company’s control or due to circumstances that the User is already aware of at the time the User initiated the payment instruction; or (iii) inaccurate or insufficient transfer instructions.
All payment for the purchase of the NFT (Digital Art) shall include the amount of the Usage Fee calculated as set out in clause 6 below. The final purchase price payable by the User for the NFT (Digital Art) may be different depending on payment method that the User selected to fulfil the transaction.
Once the User has paid, the NFT (Digital Art) will be sent to the User’s Wallet.
6.Calculation of Usage Fee
The User agrees to pay to the Company a Usage Fee when the User enters into a transaction with another User for the purchase of NFT (Digital Art) equivalent to nine point four percent (9.4%) of the transaction price of the NFT (Digital Art), of which two point four percent (2.4%) will be collected and distributed as royalties to the creators of the NFT (Digital Art). The Company may, in its discretion, revise the Usage Fee at any time. Any update of the Usage Fee will apply to any sales that occur following the effective date of the updated Usage Fee.
7.Payment of Usage Fee
Any payment of Usage Fee for the NFT (Digital Art) shall be paid in DEAPcoin, BNB or other cryptocurrency as permitted by the Services. The Usage Fee shall be paid in addition to the amount of the purchase price for the NFT (Digital Art) and the total sum payable shall be deducted from the balance of the Wallet’s DEAPcoin, BNB or the cryptocurrency used for the payment.
8.Ownership of Intellectual Property Rights in respect of NFT (Digital Art)
for the User’s own personal, non-commercial use; or
for selling or transferring the NFT (Digital Art) to a third party.
The User agrees that the User shall not, and shall not permit or cause any third party to do or attempt to do any of the following without the Company’s express prior written consent in each case:
modify the NFT (Digital Art) for the User’s Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes;
use the NFT (Digital Art) for the User’s Purchased NFT to advertise, market, or sell any third party product or service;
use the NFT (Digital Art) for the User’s Purchased NFT in connection with images, videos, or other forms of media that infringe upon the rights of others;
use the NFT (Digital Art) for the User’s Purchased NFT in movies, videos, or any other forms of media, except to the limited extent that such use is for the User’s own personal, non-commercial use;
sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialise merchandise that includes, contains, or consists of the NFT (Digital Art) for the User’s Purchased NFT;
attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT (Digital Art) for the User’s Purchased NFT;
otherwise utilise the NFT (Digital Art) for the User’s Purchased NFT for the User or any third party’s commercial benefit.
9.Ownership of the Company’s Intellectual Property Rights
All intellectual property rights pertaining to the Services (including all source code, databases, functionality, software, website or webservice designs, audio, video, text, photographs, and graphics) and the trademarks, service marks, and logos contained therein (the “Marks) are owned, controlled by or licensed to the Company and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws, and international conventions.
The User shall not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit for any commercial purpose whatsoever, any contents or Marks in PlayMining NFT Premier (including images, movies, voices, logos, texts, and programs relating thereto, and the website and webservice providing the Services) without the prior written consent of the Company. The User agrees that the User shall not use or register any trademark, business name, domain name or social media account name or handle which incorporates in whole or in part the Marks or is similar to any of these.
10.Personal Data and Information
While using the Services, the Company does not collect any personal data and information from the Users on PlayMining NFT Premier.
Where Users utilize services that are incidental to the provision of the Services (including but not limited to the Binance Smart Chain and third-party electronic wallet extensions implemented by the Service such as MetaMask and WalletConnect), any personal information that the User provide may be collected and used by such other services and are subject to the privacy policies of the companies that provide the services and the applicable extensions. The Company do not have control over, or responsibility for the companies or their use of the Users’ information.
The User may not access or use the Services for any purpose other than that for which the Company makes the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the Company. While accessing or using the Services or participating in auctions, the User further agree that the User is solely responsible for the User’s conduct and the User shall not:
engage in any defamatory, abusive, disrespectful, harassing, threatening, intimidating, violent, predatory or stalking conduct or otherwise violate the legal rights (including the rights of privacy and publicity) of others, including against the Company, any of its affiliates, or their officers or employees or other companies (persons) or groups;
interfere with or disrupt the Services or the Company’s business by making improper use of support services, submitting excessive or unreasonable inquiries, submitting false reports of abuse or misconduct;
use or attempt to use another User’s Wallet without authorization from that User to impersonate or misrepresent the User’s affiliation with another User or person or use the username of another User;
disparage, tarnish or otherwise harm the reputation or credibility of the Company, a person related to the Company or another User;
use the Services to advertise or offer to sell goods and services (other than NFT (Digital Art)), including whether for religious activities, solicitation of businesses or services, etc.;
use the Services in a manner inconsistent with the applicable laws or regulations;
commit acts against public order and morals;
promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
promote or provide instructional information about illegal or harmful activities or substances;
upload, post, email, transmit, distribute copies of or otherwise make available any unlawful, inappropriate, defamatory, obscene, child pornographic, child-abusive, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message;
create, post, store or share any content that would adversely affect or interfere with the sound upbringing of minors;
collect, accumulate, or disclose the personal information of other Users or third parties without such third party’s consent;
use the Services for unauthorized means, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating Wallets by automated means or under false pretenses;
use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, including but not limited to the gathering of items or resources on the Services for resale;
systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company;
circumvent, disable, or otherwise interfere (or attempt to circumvent, disable, or otherwise interfere) with any technological measures or security-related features implemented by the Company, including features that prevent or restrict the use or copying of any information or data or enforce limitations on the use of the Services and/or the data contained therein;
use any data mining, scraping, robots or similar data gathering or extraction methods;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malware, corrupted data or other harmful, disruptive or destructive files that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
develop or use any applications or software not intended by the Company to operate the Services;
decipher, decompile, disassemble, create derivative works of or reverse engineer any of the software comprising or in any way making up a part of the Services;
copy or adapt the Services whether in whole or in part for sale or redistribution or otherwise;
encourage, abet, aid, facilitate or enable any other individual to carry out any of the foregoing acts;
any other acts which are similar to or deemed to be likely to conflict with any of the acts set forth above; or
any other acts that is deemed by the Company to be inappropriate.
12.Modification, Interruption and Termination of the Services
The Company may, on a regular or irregular basis, carry out maintenance or servicing of devices, facilities, software and hardware or other problems or where maintenance related to the Services is required. The User understands and agrees that the Company shall assume no liability whatsoever for any loss, damage, or inconvenience caused by the User’s inability to access or use the Services during any downtime or discontinuance of the Services. The Company shall provide the Users with an advance notice, in the form and manner that the Company deems appropriate, except in situation where the suspension or termination is a result of an emergency or unforeseeable circumstances beyond the Company’s control.
13.Taxes and Fees
The User shall be solely responsible to pay for any and all currency conversion charges, third party fees, sales, use, value-added, personal property or other charges, tax, duty or levy of any kind imposed by different jurisdictions, including interest and penalties thereon, whether imposed now or hereinafter by any governmental entity fees that the User incur in connection with, or by reason of the User’s use of, the Services.
14.Warranties and Disclaimers
THE SERVICES, CONTENT CONTAINED THEREIN, AND NFT (DIGITAL ART) LISTED THEREIN ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE USER ACKNOWLEDGES THAT THE USE OF OR RELIANCE ON THE SERVICES AND ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED OR OBTAINED THEREBY IS AT THE USER’S SOLE RISK AND DISCRETION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SECURITY. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY OF INFORMATION OR COMPLETENESS OF THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED OR OBTAINED ON THE SERVICES (INCLUDING DESCRIPTIONS OF QUALITY, PRICING, AVAILABILITY, AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES OR THE NFT (DIGITAL ART) ADVERTISED AND OFFERED THROUGH THE SERVICES) OR ANY THIRD PARTY CONTENT LINKED TO THE SERVICES OR THAT THE SERVICES WILL MEET THE USER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR FREE OF ERROR, VIRUSES OR OTHER HARMFUL COMPONENTS BASIS.
THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, INADEQUACY OR INACCURACIES OF CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES, NFT (DIGITAL ART); (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (6) ANY CLAIMS BY A THIRD PARTY AGAINST THE USER FOR ACTUAL OR ALLEGED INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR MORAL RIGHTS; AND/OR (7) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES OR THE NFT (DIGITAL ART) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
16.Limitation of Liability
THE USER ASSUMES FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES, AND AGREE AND ACKNOLWEDGE THAT ANY AND ALL BIDS AND OFFERS MADE AND ACCEPTED BY AND BETWEEN THE USERS (THE “TRANSACTION”) THROUGH THE USE OF THE SERVICES ARE BINDING BETWEEN THE USERS ONLY. THE COMPANY IS NOT INVOLVED IN THE TRANSACTION AND IS NOT A PARTY TO OR RESPONSIBLE FOR ANY TRANSACTIONS THAT THE USERS MAY ENTER. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE USERS (WHETHER AS A BUYER OR SELLER) WILL COMPLY WITH AND OBSERVE THE APPLICABLE TERMS OF THE TRANSACTION CONCLUDED BY THE USERS.
WITHOUT PREJUDICE TO THE FOREGOING, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO, OR ARISING OUT OF, THE SERVICES, SHALL IN NO EVENT, EXCEED THE USAGE FEES THAT THE USER PAID FOR THE NFT (DIGITAL ART) ITEMS TO WHICH THE CLAIM RELATES FOR ONE INCIDENT OR SERIES OF INCIDENTS ATTRIBUTABLE TO THE SAME CAUSE IN THE IMMEDIATE TWELVE (12) MONTHS PERIOD BEFORE THE INCIDENT OR INCIDENTS.
NFT (DIGITAL ART) ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN PLATFORM. THE COMPANY DO NOT GUARANTEE THAT IT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT (DIGITAL ART). THE COMPANY CANNOT AND DO NOT GUARANTEE THAT ANY NFT (DIGITAL ART) WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT THE USER WILL BE ABLE TO SELL OR RESELL ANY NFT (DIGITAL ART) PURCHASED THROUGH THE SERVICE.
18.Governing Law and Dispute Resolution
The User acknowledges and confirms that where the User utilises services that are incidental to the provision of the Services (including but not limited to the Binance Smart Chain and third-party electronic wallet extensions such as MetaMask and Trust Wallet), they are also subject to the terms and conditions of each of these respective organisations and entities that apply as between the User and such third party service providers and applicable extensions. The Company reserves its right to take any action against the User in respect of any breach or alleged breach by such User of these terms and conditions, including but not limited to terminating the User’s access to the Services in response to such breach. The terms and conditions of the Binance Smart Chain are available at https://www.binance.org/en/terms, and for MetaMask and WalletConnect, those terms are available at https://metamask.io/terms.html and https://walletconnect.com/terms.
Injunctive relief: The Company may seek immediate injunctive relief if the Company make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Company’s part shall be subject to correction without any liability on the Company’s part.
Assignment: The Company may assign any or all of its rights and obligations to others at any time.