Terms of service

1. Objects and Purposes

These Terms of Use sets forth the terms and conditions which shall govern the access and use of all services, features and content made available through or in connection with the auction of NFT (Digital Art) (as defined below) at https://daa.playmining.com/ webservice as well as any other media form, media channel, mobile webservice or mobile application related, linked, or otherwise connected to use the NFT Marketplace by DEP (as defined below) (collectively, the “Services”) provided by Digital Entertainment Asset Pte. Ltd. (the “Company”) to users of the Services (the “User” or “Users”, depending upon the context).

By accessing or using the Services, the User agrees to be bound by these Terms of Use and consents to the collection and processing (as set forth in the privacy policy located at https://dea.sg/policy/ (the “Privacy Policy”)) of their data. If the User does not agree to these Terms of Use or to the terms of the Privacy Policy, the User should not access and use the Services. In addition, when accessing or using the Services, the User may be subject to any additional posted guidelines or rules applicable to the specific part of the Services, as may be modified from time to time by the Company. All such guidelines or rules are hereby incorporated by way of reference into these Terms of Use.

2. Definitions & Interpretation

The following words and terms shall have the meanings set forth below when they are used in these Terms of Use.

Account” means the PlayMining user account created by the User, through a registration process for the purpose of accessing or using certain Services;
Blind Auction” means the purchase and sale of NFT (Digital Art) through an auction format at the NFT Marketplace by DEP whereby the bidding price of other bidders are not disclosed;
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;
NFT Marketplace by DEP” means an online auction service provided by the Company known as “NFT Marketplace by DEP” hosted on the Ethereum blockchain;
DEAPcoin” or “DEP” means a crypto asset used for buying and selling of NFT (Digital Art) through the Services;
DEAPcheck” means an in-game item that can be obtained in JobTribes and/or issued by the Company that is exchangeable for DEAPcoin;
Instant Purchase” means the purchase and sale of NFT (Digital Art) through a direct transaction between buyer and seller;
JobTribes” means the game service operated by the Company known as “JobTribes”;
PALEcoin” means an in-game currency that can be obtained in JobTribes and/or issued by the Company that is exchangeable for DEAPcheck;
PlayMining” means the PlayMining platform available at https://playmining.com;
PlayMining ID” means an Account’s unique PlayMining user identification created by the User;
Staking Period” means such period of staking, as may be determined by the Company, and specified under the staking page of the Wallet;
Staking Rewards” means a variable amount that shall be in the form of rewards earned by the User through staking DEAPcoin held by the User, and that is payable to the User;
Usage Fee” means the fee payable to the Company for the Services in connection with purchase or sale of NFT (Digital Art);
USD” means United States Dollar, the lawful currency of the United States of America;
USDT” means Tether, a blockchain-based cryptocurrency; and
Wallet” means a crypto asset wallet capable of transferring DEAPcoin to and from other crypto asset wallets established by third party exchanges.

3. Account Registration

The User shall register an Account for the access to and use of the Services. When a User provides information about him/herself to the Company, in relation to the Services, the User shall provide genuine, accurate, complete and up-to-date information requested by the Company in respect of the registration of an Account. Failure to comply with this requirement may result in immediate suspension of the Account and/or the User’s right to access and use one or more of the Services.

By using the Services, the User represents and warrants that that the User is of legal age and is entitled to accept and agree to the Terms of Use and the Privacy Policy. If the User is under the legal age (a “Minor”), the User represents and warrants that he/she has obtained the permission of, and is directly supervised by, their parent or legal guardian to access and use the Services, and the User’s parent or legal guardian has reviewed and agreed to be bound by these Terms of Use and the Privacy Policy and agrees to hold the Company harmless if the Minor breaches any of these Terms of Use.

In the event there is any change in the registered information after the registration of an Account, the User shall promptly amend the registration information and complete the change procedure on the Service, or otherwise notify the Company of such change in the registered information in writing together with the updated information using the method prescribed by the Company. The Company shall not be responsible or liable for any damage, loss or costs suffered or incurred by the User as a result of the User’s failure to change the registered information or promptly report to the Company of such changes.

4. Management of the Account

The User shall not disclose, lend, assign, sell or, pledge the Account to any third party. The User shall be entirely responsible in maintaining the security of the Account and the Account’s credentials and of the use of his/her Account for accessing to and using the Services and all activities performed through such use, as well as the results, whether authorised or not.

If the User is aware of any unauthorized use of the Account or any other breach of security, the User agrees to promptly notify the Company to that effect in accordance with these Terms of Use and the method stipulated by the Company, and shall comply with the Company's instructions, if any.

The Company shall not be liable for any damage caused by the fact that the change in registered information was not made. In addition, even if a change in registration information has been made, any transactions that have already been processed before the change in the registered information will be made based on the information before the change in registration information.

5. Restriction, Suspension or Termination of Account

The User acknowledges and agrees that the Company shall be entitled to terminate, suspend or restrict the User’s rights to the Account or access to any part of the Services, at any time, without notice, such as, but not limited to, the following situations:

  1. the User and/or the Account is engaged in any prohibited activities in clause 18 or otherwise acts in violation of these Terms of Use, Privacy Policy or any existing laws, rules and regulations;
  2. the User and/or the Account is subjected to any governmental proceeding, criminal investigation, litigation, etc.;
  3. the User’s use of the Services is in connection with any unlawful, illegal or prohibited activity;
  4. the Account is detected to have been compromised or accessed without being authorized;
  5. failure by the User to make payments in accordance with these Terms of Use;
  6. a petition for bankruptcy is filed against the User;
  7. the User’s request to have the Account closed, provided that there is no pending order or transaction on the User’s Account; and
  8. 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 rights to the Account and/or access to the Services may be restricted, suspended or terminated.

The User further acknowledges and agrees that the Company shall assume no liability for any damage suffered by the User due to their Account being restricted, suspended, or terminated. The Company shall have the right to keep and use the transaction data, records and other information that is related to such Account. Should the Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for one (1) year. In addition, if the User have any unfinished transaction during the Account suspension or termination process, the Company shall have the right to notify a counterparty on the status of the User’s Account.

6. DEAPcoin

The User is required to either import or create a Wallet in order to purchase and use DEAPcoin in accordance with the terms prescribed by the Company. The Company will issue DEAPcoin to the User based on the amount of DEAPcheck held by the User for exchange of DEAPcoin. The User can obtain DEAPcheck through exchanging PALEcoin accumulated by the User from the Services. The Company has the sole discretion to determine the rate of exchange of between DEAPcoin, DEAPcheck and PALEcoin.

In accordance with these Terms of Use, the User may transfer and/or receive DEAPcoin to and from other Wallet addresses.

All Users shall appropriately manage their DEAPcoin obtained through the Services, JobTribes, any associated or related games or services, in accordance with the laws and regulations of each country.

7. Use of DEAPcoin

The User may use DEAPcoin to purchase NFT (Digital Art) in accordance with the Terms of Use in such a manner as specified by the Company.

In the event that the User purchases NFT (Digital Art), the amount of DEAPcoin required for the transaction shall be deducted from balance of the User’s Account accordingly. The User should ensure that the Account has sufficient balance of DEAPcoin or the transaction may be declined.

The information pertaining to the User’s DEAPcoin and Account details shall be stored on the Company's servers. The User can only use the same Account in which the DEAPcoin is held to purchase NFT (Digital Art).

The Users are solely responsible for the access to, and control over, the management of their DEAPcoin.

The User is not allowed to lend, sell, buy, gift, donate or otherwise transfer the DEAPcoin to any third party.

The Company shall, in no event, exchange the DEAPcoin for any virtual currency, cash, property, or any other economic benefit.

The use of the DEAPcoin shall be subject to any such other terms, conditions, restrictions, limitations or requirements as may be imposed by the Company at any time and in its sole discretion.

8. Staking of DEAPcoin

Subject to these Terms of Use and Services, the User may use the Services to stake DEAPcoin for the purposes of gaining Staking Rewards.

When the User is staking DEAPcoin, the staked DEAPcoin will appear under the staking page of the Wallet. The staked DEAPcoin cannot be used for any purpose other than staking during the Staking Period.

By staking the DEAPcoin, the User is contributing to the ecosystem of the Services and the Company rewards the Users with a Staking Reward in the form of a return rate proportional to the amount of User’s staked DEAPcoin (“Return”). The Company will present an annual percentage rate of Return distribution for the Staking Period.

The actual amount of Staking Rewards is calculated based on: (i) the total amount of the User’s staked DEAPcoin, (ii) multiplied by the annual Return Rate of DEAPcoin, and (iii) divided proportionally by the Staking Period. The Staking Rewards will be reflected in the User’s wallet at the end of the Staking Period.

The Return Rate of the staked DEAPcoin is not guaranteed and is subject to change without notice and at the discretion of the Company.

The staking plan to which the User is subscribed will be renewed automatically upon expiry if there are no changes to the Return Rate, otherwise, the User’s staking plan will be automatically cancelled at the end of the Staking Period. In the event that the Return Rate is changed during the User’s Staking Period, the initial Return Rate of the Staking Rewards for the Staking Period will apply until the end of the Staking Period. The User can redeem their staked DEAPcoin at the end of the Staking Period, including the Staking Rewards.

The User may choose to withdraw his/her stake or cancel the staking at their own discretion at any time, during the Staking Period. The Company may impose a limit on the number of times the User is entitled to cancel their staking each day, at any time without any prior notice to the User. If the User cancels their staking during their Staking Period, the User will not be eligible to receive Staking Rewards for any such partial Staking Periods.

The Company reserves the right in its sole discretion to do the following:

  1. determine the minimum and maximum amount of deposit of DEAPcoin that the User can stake;
  2. determine the maximum number of staking plans the User can subscribe to; and
  3. initiate or suspend any staking applications or staking plans.

The Company reserves the right to suspend or discontinue, temporarily or permanently the staking of DEAPcoin at its sole discretion, at any time, for any or no reason, provided that the Company shall endeavor to give notice to the Users reasonably in advance when the DEAPcoin staking will end. In the event of such suspension or discontinuance of staking of DEAPcoin, the Company will suspend and not accept new applications for staking, and all staking plans will be automatically cancelled. The Users that has subscribed to staking plans will receive the Return Rate until the end of the Staking Period. All staking plans will be automatically cancelled once DEAPcoin staking has been suspended. The amount of staked DEAPcoin will be returned to the User’s Account, including the Staking Rewards earned (if any) during the Staking Period.

9. Effect of Termination of Account on DEAPcoin

The User hereby agree that in the event that the User’s Account shall be terminated for any reason whatsoever, the User shall immediately transfer their DEAPcoin balance from their Wallet within thirty (30) days (“Deadline”) upon notice issued to the User by the Company instructing such method for the User to withdraw or transfer the DEAPcoin, as the Company may determine. The User further agree that Company may in its discretion freely use the DEAPcoin balance in the relevant User’s Account after the Deadline and the Company shall not be obliged to refund the available balance of DEAPcoin (if any) from their Wallet in the event the User fails to withdraw or transfer the DEAPcoin before the Deadline.

Upon termination of an Account, the DEAPCoin under the Account will be voided with immediate effect. The User shall not be entitled to any payments, refunds, compensation or reimbursement of any kind from the Company or otherwise in respect of the voided DEAPcoin.

10. Instant 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. All purchases of NFT (Digital Art) shall be paid by the buyer to the seller with DEAPcoin.

The sale of NFT (Digital Art) shall become valid upon the acceptance of the purchase offer.

11. Blind Auction of NFT (Digital Art)

The User may enter into transactions with the Company for the purchase or sale of NFT (Digital Art) through the acceptance of bids in a Blind Auction.

Blind Auctions between the Users and the Company will be closed upon determination of the highest bidder.

12. Use of NFT (Digital Art)

The User may use the purchased NFT (Digital Art) on various online services including the online game JobTribes that is operated by the Company.

The specific use of the NFT (Digital Art) items are as set forth in the game rules of each game, which will be separately governed by their own terms and conditions that will be set out at their respective websites.

Any NFT (Digital Art) or items including relevant game items that are being leased (such as the “Scholarship” system on JobTribes) shall not be transacted in any manner through the Services, during the period of such lease.

13. Payment of NFT (Digital Art)

In order to make a payment on the Services, the following options are available:

  1. Payment with DEAPcoin
    The payment with DEAPcoin for the total sum payable will be deducted from the Account’s DEAPcoin balance. If the User have insufficient balance of DEAPcoin on his/her Account to complete the full payment for the purchase of the NFT (Digital Art) (including the total Usage Fee), the transaction shall be cancelled automatically without notice.
  2. Payment with credit card
    If the User make payment via their credit card, the User agree to follow all the conditions entered into between them and the credit card company that issued their credit card. In the event of any dispute arises between the User and the credit card company that issued their credit card, the User agrees that the dispute will be settled by the User and credit card company only, and that the Company is not responsible for such dispute, other than the Services.

The User is responsible for having sufficient balance of DEAPcoin on his/her Account or to ensure that the credit card payment limit is not exceeded 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 agree 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 in his/her Account or the credit card payment limit has been exceeded; (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 amount of the Usage Fee calculated as set out in clause 14. 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 User will receive the payment receipt on the Account, the User’s registered email address or such other notification method of the Company’s choosing. The NFT (Digital Art) will be sent to the User’s Wallet.

14. Calculation of Usage Fee

The Users agree to pay to the Company a Usage Fee that is calculated as follows:

  1. when the User enters into a transaction with another User for the purchase or sale of NFT (Digital Art) by way of an Instant Purchase, both the buying user and the selling user shall each pay a usage fee equivalent to ten percent (10%) of the transaction price of the NFT (Digital Art); or
  2. when the User enters into a transaction with another User for the purchase or sale of NFT (Digital Art) by way of a Blind Auction, both the buying user and the selling user shall each pay a usage fee equivalent to ten percent (10%) of the closing price of the NFT (Digital Art).

15. Payment of Usage Fee

Any payment of Usage Fee for the NFT (Digital Art) shall be paid in DEAPcoin. 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 Account’s DEAPcoin balance.

16. 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 attempt to copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit the Marks for any commercial purpose whatsoever, without our express prior written permission.

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 the NFT Marketplace by DEP (including images, movies, voices, logos, texts, and programs relating to the NFT Marketplace by DEP, and the website and webservice providing the NFT Marketplace by DEP) 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.

17. Handling of Personal Information

The Company shall handle personal information obtained from the Users relating to the provision of the Services in an appropriate manner in accordance with the Privacy Policy of the Company, and will strive to properly protect and manage personal information.

Where Users utilize services that are incidental to the provision of the Services (including but not limited to the Ethereum blockchain and the Binance Smart Chain), they may also be subject to the privacy policies of the respective organisations.

18. Prohibited Activities

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. By accessing or using the Services, the User further agree that the User is solely responsible for the User’s conduct and the User shall not:

  1. 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;
  2. 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;
  3. use or attempt to use another User’s Account 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;
  4. disparage, tarnish or otherwise harm the reputation or credibility of the Company, a person related to the Company or another User.
  5. 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.;
  6. use the Services in a manner inconsistent with the applicable laws or regulations;
  7. commit acts against public order and morals;
  8. promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
  9. promote or provide instructional information about illegal or harmful activities or substances;
  10. 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;
  11. create, post, store or share any content that would adversely affect or interfere with the sound upbringing of minors;
  12. collect, accumulate, or disclose the personal information of other users or third parties without such third party’s consent;
  13. 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 Accounts by automated means or under false pretenses;
  14. dispose all or part of the Account to third parties by way of sale, transfer, pledge, loan, exchange, assignment, collateral or any other means;
  15. be registered with more than one (1) PlayMining ID at any given time without the prior written permission from the Company;
  16. use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, including but not limited to, (a) the gathering of items or resources on the Services for resale, or (b) selling, reselling, or leasing the Account;
  17. access or use the account of another User through unauthorized or illegal means;
  18. 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;
  19. 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;
  20. use any data mining, scraping, robots or similar data gathering or extraction methods;
  21. 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;
  22. develop or use any applications or software not intended by the Company to operate the Services;
  23. 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;
  24. copy or adapt the Services whether in whole or in part for sale or redistribution or otherwise;
  25. encourage, abet, aid, facilitate or enable any other individual to carry out any of the foregoing acts;
  26. any other act in violation of these Terms of Use;
  27. any other acts which are similar to or deemed to be likely to conflict with any of the acts set forth above; or
  28. any other acts that is deemed by the Company to be inappropriate.

19. Third-Party Transactions

The Company may not have control over, and assumes no liability or obligation whatsoever with regard to any DEAPcoin or NFT (Digital Art) transactions made by the User with any third party outside of the Services. The User acknowledges and agrees that the User shall be solely responsible for executing such third party transactions, including any incompatibility or erroneously transmitted funds, and/or for any loss or damage arising therefrom as a result.

20. Modification, Interruption and Termination of the Services

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part of thereof) at its sole discretion, at any time, for any or no reason, with or without notice to the User. The User agree that the Company shall not be liable to the Users on account of any change to the Services and that the Company is under no duty or obligation to update any information on 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 understand and agree 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.

21. 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.

22. Warranties and Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE USER ACKNOWLEDGES THAT THE USE OF OR RELIANCE ON THE SERVICES (INCLUDING THE NFT MARKETPLACE BY DEP) 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 ITEMS 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; (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 SERVICE; (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 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.

23. Indemnity

THE USER AGREES TO BE LIABLE FOR AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND PARTNERS) AGAINST ANY AND ALL CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USER’S ACCESS TO OR USE OF THE SERVICES; (B) A VIOLATION OF THESE TERMS OF USE OR PRIVACY POLICY; (C) THE USER’S VIOLATION OF ANY RIGHTS OF ANOTHER PERSON OR ENTITY; OR (D) ANY ACT THAT IS ATTRIBUTABLE TO THE USER.

24. Limitation of Liability

THE USER ASSUMES FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES (INCLUDING THE NFT MARKETPLACE BY DEP), 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.

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES OR PARTNERS, SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OR CORRUPTION OF DATA, LOSS, EXPIRY OF DEAPCOIN, INTERRUPTION OF SERVICES OR OTHER DAMAGES, ARISING OUT OF OR INCONNECTION WITH THESE TERMS OF USE OR THE USE OF, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, INDEMNITY, BREACH OF WARRANTY OR OTHER THEORY ARISING FROM THE USE OF THE SERVICES (INCLUDING THE SUSPENSION OR TERMINATION OF THE ACCOUNT OR SERVICES), REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION.

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.

25. Amendment of Terms of Use

The Company reserves the right to change, modify, add or remove portions of this Terms of Use and Privacy Policy from time to time. In the event that the Company changes, modifies, adds or remove portions of this Terms of Use and/or Privacy Policy, the Company may by notice through the Account or the User’s registered email address or by such other method of notification as the Company may designate. Unless otherwise stated in the notice, the revised Terms of Use and/or Privacy Policy will be effective immediately. The User will be deemed to have accepted the revised Terms of Use and/or Privacy Policy if the User continues to access and use the Services after the provision of the notice. If the User does not agree to the revised Terms of Use and/or Privacy Policy, the User must stop accessing or using the Services immediately.

26. Governing Law and Dispute Resolution

The terms set forth in these Terms of Use shall be construed in accordance with the laws of the Republic of Singapore. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Services, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC as modified or amended from time to time (“SIAC Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the SIAC Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration section to be enforceable under applicable law.

27. Terms of Use of Third Party Service Providers

The User acknowledges and confirms that where he or she utilises services that are incidental to the provision of the Services (including but not limited to the Ethereum blockchain and the Binance Smart Chain), 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. 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 Account in response to such breach. The terms and conditions of the Ethereum blockchain and the Binance Smart Chain are available at https://ethereum.org/en/terms-of-use/ and https://www.binance.org/en/terms respectively.

28. General Provisions

  1. Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and the Company’s rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies the Company may have in law or in equity, and no exercise by the Company of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
  2. No waiver: The failure of the Company to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
  3. Severability: If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated in these Terms of Use.
  4. Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use. For the avoidance of doubt, nothing in this Sub-section shall affect the rights of any permitted assignee or transferee of these Terms of Use.
  5. 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.
  6. 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.
  7. Entire agreement: These Terms of Use shall constitute the entire agreement between the parties relating to the subject matter of these Terms of Use, and supersedes and replaces in full all prior understandings, communications and agreements between the parties in respect of that subject matter.
  8. Assignment: The Company may assign any or all of its rights and obligations to others at any time.
  9. No partnership: No joint venture, partnership, employment, or agency relationship exists between the User, the Company or any third party provider as a result of these Terms of Use or use of the Services.
  10. Force Majeure: The Company shall not be liable for non-performance, error, interruption or delay in the performance of the Company’s obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond the Company’s reasonable control.
  11. Termination: The User hereby agree that the Company is entitled to terminate these Terms of Use immediately in the event that the User is found to be in breach of any of these terms stipulated in these Terms of Use. For the avoidance of doubt, the termination of these Terms of Use shall not require the Company to compensate, reimburse or cover any cost incurred by the User in the course of the User’s accessing the NFT Marketplace by DEP and/or using the Services.