1. Objects and Purposes
This Agreement sets forth the terms and conditions which shall govern the access and use of all services, features, and content available through or in connection with the NFT's trading platform, PlayMining NFT (as defined below), as well as any other related media channel, mobile web service, or mobile application (collectively, the "Services").
2. Definitions & Interpretation
"NFT" means a non fungible token generated on the blockchain;
"PlayMining NFT" means the online auction service "PlayMining NFT" operated by the Operator;
"PlayMining ID" means an ID issued by the Operator in a separately specified manner;
"Account" means a unique account based on the PlayMining ID opened by the User to use the Service.
"Blind Auction" means a method of buying and selling NFTs by means of an auction in which the prices of other bidders are not disclosed;
"DEAPcoin" means a crypto asset that can be used to purchase certain items on the Service or to trade NFTs on PlayMining NFTs;
"Instant Purchase" means the buying and selling of NFT through direct transactions between the seller and the buyer;
"Wallet" means a crypto asset wallet capable of transferring DEAPcoin to and from other crypto asset wallets established by third party exchanges.
"Transaction with the Operator" means a transaction in which Users purchase NFTs from the Operator.
"Transactions between Users" means transactions in which Users purchase and sell NFTs between themselves.
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 Operator, in relation to the Services, the User shall provide genuine, accurate, complete and up-to-date information requested by the Operator 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 Service, the User represents and warrants that he/she is of legal age. If the User is a minor, the User shall register only after obtaining the consent of a parent or other legal representative, and represents and warrants that he/she has obtained the consent of such legal representative.
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 Operator of such change in the registered information in writing together with the updated information using the method prescribed by the Operator. The Operator 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 Operator of such changes.
4. Management of the Account
The User shall strictly manage the Account and shall not use the Account in any manner that the Operator deems to be unreasonable. The User shall not, but not limited to, disclose, lend, transfer, sell, trade, or pledge the Account to a third party in a manner that compromises the security of the Account.
Use of the Service through an Account shall be deemed to be the act of the user himself/herself as the holder of such Account, and the User shall be entirely responsible for any and all liabilities incurred through the use of such Account.
The Operator shall not be liable for any damages incurred by the user, except in the event of intentional or gross negligence on the part of the Operator.
5. Restriction, Suspension or Termination of Account
The Operator reserves the right to suspend, limit, or terminate a user's account at any time, without notice, such as, but not limited to, the following situations:
- the User and/or the Account 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;
- the Account is detected to have been used by a third party;
- a petition for bankruptcy or civil rehabilitation proceedings is filed against the User;
- the payment is suspended or deemed invalid by the payment provider;
- any other events which are deemed by the Operator, in its sole and absolute discretion, to be inappropriate for the User to continue using the Services.
The Operator shall not be liable for any loss or damage incurred by a user due to the suspension, restriction, or cancellation of the user's account, except in the event of willful misconduct or gross negligence on the part of the Operator.
The User is required to open a Wallet in order to purchase and use DEAPcoin in the manner specified by the Operator.
The User shall appropriately manage the DEAPcoin obtained through the Service and related services, etc., in accordance with the laws and regulations of each country.
7. Use of DEAPcoin
In the event that the User purchases NFTs, the amount of DEAPcoin required for the transaction shall be deducted from the 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 Operator's servers. The User may only purchase NFTs with the same account in which you hold DEAPcoin.
The Users are solely responsible for the access to, and control over, the management of their DEAPcoin.
The Operator will not exchange DEAPcoin for crypto assets, cash, property, or other economic benefits for any reason whatsoever. This shall not preclude third parties affiliated with the Operator from performing such acts in compliance with various laws and regulations.
The use of the DEAPcoin shall be subject to any such other terms, conditions, restrictions, limitations or requirements as may be imposed by the Operator at any time and in its sole discretion.
8. Staking of DEAPcoin
9. Termination of Account
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 Operator or otherwise in respect of the voided DEAPcoin.
10. Instant Purchase and Sale of NFT
The User may enter into transactions for the purchase or sale of NFT with the Operator and/or other Users by way of an Instant Purchase/Sale.
The sale of NFT shall become valid upon the acceptance of the purchase offer.
11. Blind Auction of NFT
The User may enter into transactions of NFT through Blind Auction bidding.
The Blind Auctions shall be closed upon determination of the highest bidder.
11.2 Rights and Privileges Obtained by Acquisition of NFT
By acquiring NFT, the User shall be granted the right to display and view the images associated with the NFT. However, the name of the NFT or the image may be changed in the event that the license for the image associated with the NFT is terminated.
Users may sell their NFTs to other Users on the Service.
Users who hold NFTs (hereinafter referred to as "NFT Holders") may receive the benefits described on the NFT detail screen in games and Services, etc. operated by the Operator or third parties. However, the provision of such benefits may be terminated or changed in the event of the termination of such games, etc.
12. Payment Method for NFT Purchase
The following methods of payment shall be used for this service.
- Payment with DEAPcoin
The payment with DEAPcoin for the total sum payable will be deducted from the Account’s DEAPcoin balance. If the DEAPcoin balance in your account is insufficient to pay for the NFT purchase (including the full subscription fee), the trade will be automatically canceled without notice.
- Payment with credit card
If the User makes payment via their credit card, the User agrees to follow all the conditions entered into between them and the credit card company that issued their credit card. In the event 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 Operator is not responsible for such dispute, except for those related to the Service.
- Other payment methods provided by payment agents in partnership with the Operator.
The User shall be responsible for ensuring that there is sufficient DEAPcoin balance in the Account or that the credit card payment limit is not exceeded in order to complete payment of the consideration for the purchase of NFT trading (including the total subscription fee) according to the payment method selected, and agree that the transactions may be automatically canceled without notice.
You agree that the Operator shall have no liability in the event that you are unable to complete a trade or the trade is automatically canceled without notice for any of the following reasons;
- insufficient balance of DEAPcoin in the Account or the credit card payment limit has been exceeded;
- malfunction of the Services due to circumstances beyond the Operator’s control or due to circumstances that the User is already aware of at the time the User initiated the payment instruction;
- inaccurate or insufficient transfer instructions;
Payment of the purchase consideration for NFTs shall include the usage fee calculated in accordance with Article 13. The final purchase consideration for the purchase of NFTs to be paid by the User may vary depending on a payment method chosen by the User.
13. Calculation of Usage Fee
The user agrees to pay the Operator a usage fee.
The details of the usage fees shall be set forth on the "Exhibit" and "Purchase" screens provided by the Operator. In the event of any change related to the usage fees, the Operator shall display the amended provisions on the "Exhibit" and "Purchase" screens, and the User shall be deemed to have agreed to such amended provisions by continuing to trade after such change, regardless of whether or not the User is aware of the amended provisions on the "Exhibit" and "Purchase" screens.
14. Payment of Usage Fee
Any payment of Usage Fee shall be paid in DEAPcoin. The Usage Fee shall be paid in addition to the amount of the purchase price for the NFT and the total sum payable shall be deducted from the Account’s DEAPcoin balance.
15. Intellectual Property Rights
All intellectual property rights pertaining to the Services (including all source code, databases, functionality, software, website or web service 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 Operator 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 PlayMining NFT (including images, movies, voices, logos, texts, and programs relating to the PlayMining NFT, and the website and web service providing the PlayMining NFT) without the prior written consent of the Operator. 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.
16. Handling of Personal Information
Where the User utilizes services that are incidental to the provision of the Services (including but not limited to the Ethereum blockchain), the privacy policies of the respective organizations apply.
17. Prohibited Activities
The User may not access or use the Services for any purpose other than that for which the Operator makes the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Operator. 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:
- 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 Operator, any of its affiliates, or their officers or employees or other companies (persons) or groups;
- interfere with or disrupt the Services or the Operator’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 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;
- disparage, tarnish or otherwise harm the reputation or credibility of the Operator, a person related to the Operator or another User.
- use the Services to advertise or offer to sell goods and services (other than NFTs), 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 Accounts by automated means or under false pretenses;
- dispose all or part of the Account to third parties by way of sale, transfer, pledge, loan, exchange, assignment, collateral or any other means;
- be registered with more than one (1) PlayMining ID at any given time without the prior written permission from the Operator;
- Use the Services, or any part thereof, for commercial purposes or for the benefit of any third party beyond the scope of the purpose of the Services. (including, but not limited to, collecting items or resources on the Service for resale beyond the scope of the purpose of the Service, or selling, reselling, or leasing accounts);
- access or use the Account of another User through unauthorized or illegal means;
- 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 Operator;
- circumvent, disable, or otherwise interfere (or attempt to circumvent, disable, or otherwise interfere) with any technological measures or security-related features implemented by the Operator, 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(or attempt to circumvent, disable, or otherwise interfere with) any 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 Operator 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;
- use NFTs on the Services as a means of payment;
- trades NFTs of the Service outside of the Service;
- infringe upon the copyrights, trademarks, patents, or other intellectual property rights, honor rights, privacy rights, or any other legal or contractual rights of the Operator or any third party;
- 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 are deemed by the Operator to be inappropriate.
18. Third-Party Transactions
The Operator may not have control over, and assumes no liability or obligation whatsoever with regard to any DEAPcoin or NFT 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.
19. Modification, Interruption and Termination of the Services
The Operator 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 agrees that the Operator shall not be liable to the Users on account of any change to the Services and that the Operator is under no duty or obligation to update any information on the Services.
The Operator 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 Operator 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 Operator shall provide the Users with an advance notice, in the form and manner that the Operator deems appropriate, except in situations where the suspension or termination is a result of an emergency or unforeseeable circumstances beyond the Operator’s control.
The User understands that the termination of the game or the Service that provided the benefit to the NFT holders may cause such NFTs to become effectively worthless, and that the termination of the Service may invalidate the rights that the NFT holders have obtained through the Service, and the User agrees to indemnify and hold harmless the Operator from any loss, damage or inconvenience arising therefrom.
20. 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.
21. 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 PLAYMINING NFT) 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 OPERATOR 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 OPERATOR 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 OPERATOR 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. Limitation of Liability
THE USER ASSUMES FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICES (INCLUDING THE PLAYMINING NFT), AND AGREE AND ACKNOWLEDGE 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. FOR THE TRANSACTIONS BETWEEN THE USERS, THE OPERATOR IS NOT INVOLVED IN SUCH TRANSACTIONs, AND IS NOT A PARTY TO OR RESPONSIBLE FOR ANY TRANSACTIONS. THE OPERATOR 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.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
THEREFORE, THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE JURISDICTION.
WITHOUT PREJUDICE TO THE FOREGOING, THE OPERATOR’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 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. Governing Law and Dispute Resolution
The User acknowledges and confirms that where he or she utilizes services that are incidental to the provision of the Services (including but not limited to the Ethereum blockchain), they are also subject to the terms and conditions of each of these respective organizations and entities that apply as between the User and such third party service providers. The Operator 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 is available at https://ethereum.org/en/terms-of-use/.
27. General Provisions
- Injunctive relief: The Operator may seek immediate injunctive relief if the Operator makes 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 Operator’s part shall be subject to correction without any liability on the Operator’s part.
- Assignment: The Operator may assign any or all of its rights and obligations to others at any time.