These Terms of Service (“Terms”) describe the rules for visitors of this platform, our website at https://bluelight.inc/ and our related websites, as well as users of applications or any other software, tools, features or functionalities in connection with our services thereon (collectively, the “Service”), including their accessing, downloading or using of any component of the Service; using, sending or receiving tokens or otherwise transacting with any component of the Service; and using, transferring, buying, selling or receiving Bluelight’s native token, $KALE, the Bluelight Land Non-Fungible Tokens (“Land NFTs”), and other in-game item NFTs on public blockchains supported by our platform such as Ethereum and Binance (each, a “Bluelight-Supported Blockchain”), which we may update from time to time at our sole discretion. Reference to “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
These Terms constitute a legally binding and enforceable agreement between you and Viewpoint Labs Pte. Ltd. (Company Registration No. 202204621E), a private limited company incorporated under the laws of the Republic of Singapore with its registered address at 10 Anson Road, #23-05, International Plaza, Singapore 079903, its affiliates and subsidiaries (collectively, “Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean you as the user of the Service. If you are using the Service on behalf of a company or entity, you represent and warrant that (a) you have authority to bind that entity to the Terms; and (b) by accepting the Terms, you are doing so on behalf of that entity, and all reference to “you” in the Terms shall accordingly be construed to include you and that entity.
The Service entails the provision of a mere technical intermediary platform that functions as a secondary market and facilitates customer-to-customer or peer-to-peer web3 service that helps users discover and interact with each other and purchase, sell or transfer the Land NFTs and other NFTs. The Company is not a party to the sale and purchase transactions on the Service. All information on the Service is strictly for general information only and does not constitute any advice whatsoever.
The Company is not a wallet provider, payment services provider, digital payment token exchange operator, operator of a market for securities, units in collective investment schemes, or derivative contracts, capital markets services provider, broker, financial institution, money services business or creditor. The Company provides a peer-to-peer and customer-to-customer blockchain Service that allows users to purchase, sell or transfer $KALE, the Land NFTs, and other NFTs. To use our service, you may opt to use a third-party payment service provider or wallet which allows you to engage in transactions on the Bluelight-Supported Blockchains.
The Company is not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no warranties about the identity, legitimacy, functionality, or authenticity of users or the Land NFTs and other NFTs on the Service.
You represent and warrant that you are of legal age and possess the legal right to accept the Terms and to use the Service in accordance with the Terms. Otherwise, you may only use the Service with the consent of your parent or legal guardian who must review and discuss the Terms with you.
The Company reserves the right to terminate your account on the Service or restrict your use of the Service, without prejudice to any other legal right or remedy the Company may have against you, where you have acted in breach of these Terms. Additionally, all other licences granted by the Company will terminate automatically if you breach any of these Terms.
The Terms shall remain in full force and effect if you have an account with us and use the Service. We reserve the right to suspend, disable, terminate or delete your account and/or your ability to access or use the Service at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion, and you acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts paid to us.
These Terms were last updated on 15 November 2022. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Service or an email associated with your account. By continuing to access or use the Service, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop accessing or using the Service.
Any information provided to us shall be accurate, complete, and not misleading, and you agree that you will keep such information accurate and up to date at all times. It is your responsibility for maintaining the confidentiality of your account and all the activities that occur under your account. If you believe that your account has been compromised, please immediately notify us at email@example.com.
By using a wallet for the Service, you agree that you are using the said wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with the Company, and we do not have custody or control over the contents of your wallet and we have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and we make no representation or warranty whatsoever regarding how the service will operate with any specific wallet. You are solely responsible for keeping your wallet secure. If you discover an issue related to your wallet, please contact your wallet provider.
When you use the Service, you may be required to pay fees, commissions, royalties or charges which include but are not limited to service fees for transactions on Bluelight-Supported Blockchains and ‘gas fees’ paid to Bluelight-Supported Blockchain miners in ETH or other cryptocurrency through your wallet, where applicable (“Paid Services”). You may not be able to use the Paid Services, if you do not pay these fees.
You are responsible for paying all fees, applicable taxes (if any) and associated costs charged by the Company in a timely manner with a payment mechanism associated with the Paid Services (including making payments using ETH or other cryptocurrency through your respective blockchain e-wallet that are independent of the Company or fiat currency through debit or credit cards). The payment transaction in consideration for the sale, purchase or transfer of the Land NFTs takes place directly between you and the Bluelight-Supported Blockchain, without the involvement of the Service or the Company, save that the Company only receives a commission for every transaction on the Service. The sale, purchase or transfer of the Land NFTs, as well as transfer of ownership of the Land NFTs from you to the Bluelight-Supported Blockchain will be completed by way of a blockchain smart contract on the Service, to which the Company is not a party as stated above.
By using the Paid Services, you agree to the following:
- The fees may be subject to variation in accordance with prevailing foreign exchange rates or fluctuations in cryptocurrency at the time of payment;
- Unless otherwise specified, you may pay for the Paid Services in fiat currency or cryptocurrencies;
- To declare and pay any local taxes as applicable on the fees for the Paid Services;
- You may use the credit card(s) or other payment method(s) specified by us in connection with the payment and that the information you supply is true, correct and complete;
- We, or our choice of payment platform, may store and continue billing your payment method (e.g. credit card) to use to pay other purchases you may make;
- That the actions of third-party logistics providers and payment platforms that you have selected from the options available on the Service are not within our control and by selecting a third-party logistics provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party logistics providers or payment platforms;
- Subject to our cancellation and refund policy, all purchases are non-refundable; and
- Taxes payable by you are calculated based on the billing information at the time of purchase.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Service.
We may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on the Service.
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on the Service are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
We reserve the right to determine pricing for the Service. You are encouraged to check our website periodically for current pricing information.
Refund and cancellation policy
All fees are in ETH or other cryptocurrency or fiat currency (as applicable) and are strictly non-refundable (except as required by applicable law) and cancellations are not allowed.
Transfer of $KALE and exchange of Title Deed NFTs
You may choose to transfer your $KALE from one wallet to another on the Bluelight-Supported Blockchain (Ethereum or Binance). To do so, please follow the steps below:
- Select network (Ethereum or Binance) to make the transfer from and login to your account. You can either access the respective websites for Ethereum (ethereum.org) and Binance (binance.com) or use the respective mobile app, as applicable.
- Click “Wallet” and launch your Metamask wallet extension.
- Toggle to your $KALE tab showing all the $KALE in your Metamask wallet extension.
- Specify the amount for the transfer.
- Click the “Send” button.
- Confirm the transaction.
After confirming the transaction, the $KALE which you have selected on your Ethereum or Binance wallet will be transferred to the special pool before being issued in the recipient wallet network to a user.
Exchange of the Title Deed NFTs for Land NFTs
For users who had participated and purchased the title deed NFTs (“Title Deed NFTs”) from our Bluelight Land Pre-Sale (which terms and conditions are accessible here), you may choose to exchange the Title Deed NFTs on Ethereum to Land NFTs on Binance.. To do so, please follow the steps below:
- Login to your account in Ethereum and launch your Metamask wallet extension where your Title Deed NFTs are held.
- Select the Title Deed NFTs to exchange.
- Click the “Exchange” button.
- Confirm the transaction.
After confirming the transaction, the Title Deed NFTs which you have selected on your Ethereum wallet will be permanently removed or burned from your sending wallet and Land NFTs will be minted to the recipient’s wallet on Binance. Please note that Title Deed NFTs burned will cease to exist in the ecosystem and this action cannot be reversed. You will no longer own the Title Deed NFTs or retain licensed rights to burned Title Deed NFTs.
You hereby represent, warrant and/or undertake the following:
- You are at least 18 years old and you are not currently suspended or are not permanently banned from the Service, and your registration and your use of the Service complies with any and all applicable laws and regulations;
- If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms;
- Your use of the Service does not constitute and will not result in a breach, default, contravention, or violation of any law applicable to you, or any contract or agreement to which you are a party to or by which you are bound;
- Your purchase, sale, holding, receipt and use of the Land NFTs does not: (i) represent or constitute a loan or other investment in the Company or any business or venture; (ii) provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of any kind or nature, or voting rights whatsoever in, the Company or any other business or venture; and (iii) create or imply or entitle you to the benefits of any fiduciary or other agency relationship between the Company or any of its directors, officers, employees, agents or affiliates, on the on hand, and you, on the other hand. You are entering into these Terms for the purpose of using the Service for its intended purposes only and not make any investment whatsoever with respect to the Company or its securities;
- You have knowledge and experience in using and evaluating blockchain and related technologies and assets, including Bluelight-Supported Blockchains, NFTs and “smart contracts” (i.e. bytecode deployed to a blockchain). You have conducted your own thorough independent investigation, assessment and analysis of the Service and matters contemplated by these Terms, and you have not relied up-on any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set out by these Terms;
- You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Service, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service;
- The tokens, digital assets, or other funds you use to purchase, sell or transfer the $KALE, Land NFTs, and other NFTs are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law;
- The Company reserves the right to terminate your access to and use of the Service, in whole or in part, at any time, with or without notice, at its sole discretion. The Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion;
- You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose on or using the Service. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Service nor any derivative works thereof;
- You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Service, or any derivative works thereof unless permitted to under these Terms;
- You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Service, disrupt our website or any networks connected to the Service, or bypass/circumvent any measures we may use to prevent or restrict access to the Service;
- You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Service without our express permission;
- You must not post, on any medium, app, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Service that violates someone else's rights, including intellectual property;
- You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Service;
- You must not use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting shill reviews;
- You must not use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to the Company;
- You must not use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
- You must not use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
- You must not create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
- You must not use the Service to upload, transmit, distribute, store or otherwise make available in any way:
- files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
- any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
- any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person;
- any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose the Service or its users to any harm or liability of any type.
- Where you are an entity, the additional requirements under this sub-clause (l) shall apply to you. You shall not:
- Misrepresent the functions, use or any other specification of the Service to your customers who are purchasing, selling or transferring the $KALE, Land NFTs, or other NFTs;
- You shall not, in the course of operation of your business, make any adverse or derogatory comment about the Company, its directors or employees, nor do anything which shall, or may, bring the Company, its directors or employees into disrepute or otherwise attempt to taint the Company’s goodwill; and
- You shall indemnify the Company for any losses suffered by the Company arising out of or in connection with your breach of any of the Terms.
All content, text, links, graphics, logos, icons, photos, audio, videos, visual interfaces, design, compilation information, data, computer code, products, software, the overall “look and feel” (e.g., page headers, button icons, and scripts) or other materials uploaded, downloaded or appearing on the Service (collectively, the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. Except as expressly authorised by the Company, you are not permitted to use the Content. “Bluelight” and its logos are trademarks of the Company and are owned by the Company. All other third-party trademarks, registered trademarks and product names on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks and other proprietary rights of such third parties when you use the Service. We are not responsible for any copyright, trademark or proprietary rights infringements caused by third party material on the Service.
You may download or review the Content strictly for non-commercial purposes only, for which we grant you a limited, personal, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable licence for that purpose, subject to your complete and ongoing compliance with these Terms.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Service nor use any such Content in connection with any business or commercial enterprise. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.
Intellectual Property Rights
We own (and are entitled to enforce) all proprietary rights in the Service, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information by us and/our licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
We do not offer any form of advice. The information on the Service is strictly for general information only and do not constitute any advice whatsoever.
We make no guarantees, representations or warranties, whether express or implied, with respect to the use of the Service. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.
We are not a party in any of the dealings or fulfilment of the services between you and Bluelight-Supported Blockchain. While we aim to ensure to the best of our ability the accuracy, details and information on the Service, we cannot and do not guarantee the full quality, safety or legality of the $KALE, Land NFTs, and other NFTs listed and fully disclaim any liability for the $KALE, Land NFTs, other NFTs and the Service.
We are not responsible for the conduct of any user. We may not be able to provide the Service to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet on or through the Service (where applicable). You agree to take all necessary precautions in all interactions with other users.
We do not allow for the Service to facilitate the sale and purchase of the Land NFTs or other NFTs which may confer on its holders any legal or beneficial ownership interest in a corporation, partnership, limited liability partnership, fund, or property, liability in the corporation, partnership, limited liability partnership, fund, or property, or mutual covenants with other parties in a corporation, partnership, limited liability partnership, fund, or property inter se or any right in relation to distributions of income out of the profits of a corporation, partnership, limited liability partnership, fund, or property, or any equity ownership or any governance, voting rights or control over the management of any corporation, partnership, limited liability partnership, fund, or property.
We do not allow for the Service to facilitate the sale and purchase of the Land NFTs or other NFTs which may constitute a debt instrument by entitling its holder to receive any payment of money or money’s equivalent from its issuer, a unit in a collective investment scheme, a security, or a derivative contract.
We do not provide through the Service any service of processing any transfer of payments.
We do not issue to users of the Service any monetary value of any form, any digital representation of value, or any payment accounts through which deposits, transfers, or withdrawals of money may be made.
We do not facilitate through the Service any exchange of digital payment tokens for fiat currency or other digital payment tokens.
We are not regulated or licenced under the Securities and Futures Act 2001 or the Payment Services Act 2019.
The accuracy of data, programs or materials accessed through this Service is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
- carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
- obtain any appropriate professional advice relevant to the user’s particular circumstances.
Assumption of Risk
The prices and value of NFTs may fluctuate significantly and you accept and acknowledge all risks associated with selling, purchasing or transferring NFTs on the Service, including the following:
- The value of NFTs and other digital assets have historically been subject to dramatic fluctuations and are highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted or recognised modes of payments for goods and services and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. Therefore, the market value of any NFTs and other digital assets may fall below the price for which you acquire them through the Service. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
- Much of the demand for NFTs and blockchain-based assets is generated by speculators and investors who want to profit from short or long-term holding of blockchain assets. A lack of use or public interest in the creation and development of decentralized ecosystems could negatively impact the development of those ecosystems and related applications, which could, in return, negatively impact the potential utility of NFTs.
- The regulatory regime governing blockchain technologies, NFTs, cryptocurrency, and other crypto-based items and digital assets is uncertain, and new regulations or policies may adversely affect the development of the Service, which could impede or limit your ability to continue the use and enjoyment of such assets and the NFTs.
- You are solely responsible for assessing what, if any, taxes apply to your transactions on the Service, including but not limited to tax liabilities for sale of the NFTs and to withhold, collect, report, and remit the correct amounts of taxes to the tax authorities. We are not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
- The Service, Company or your NFTs may be the target of third-party attacks, including but not limited to phishing, brute forcing, inactive listing exploits or the use of viruses. We are not responsible or liable, directly or indirectly, for any actual or alleged loss or damage that you may sustain in such event(s). There are also risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including, the risk of purchasing counterfeit items, mislabelled items, items on smart contracts with bugs, and items that may become untransferable. It is your responsibility to do your research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
- We do not control the Bluelight-Supported Blockchains (or any public blockchains for that matter) that you are interacting with and certain smart contracts and protocols that may be integral to complete transactions on these public blockchains. You acknowledge and agree that such technologies are novel, experimental, and speculative, and accordingly, there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. To the maximum extent permitted by applicable law, the Company disclaims any and all liability related to the foregoing. In addition, blockchain transactions are irreversible and the Company has no ability to reverse any transactions on the blockchain, except as otherwise provided for herein.
- There are risks associated with using Internet and blockchain based products. This includes the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. We are not responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any blockchain, howsoever caused.
- If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Third party content
The Service may contain references, links, hyperlinks to websites or platforms, referrals to or connections with or reliance on third-party resources, products, services or content including smart contracts developed or operated by third parties. Third parties may also offer promotions related to the Service. We do not control such websites or platforms nor do we review, control or monitor the materials found there. We do not endorse or assume any responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third parties. If you access any such resources, products, services, or content or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release us from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or your reliance on any such resources, products, services, content, or promotions from third parties.
Information, data, programs or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Service due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
By using the Service, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Service or your access to it.
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representation on the Service, $KALE, Land NFTs, or other NFTs.
We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SERVICE OR THE LAND NFTs OR OTHER NFTs) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).
WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SERVICE. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SERVICE OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
The Company reserves the unfettered right to modify the Service with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You are responsible for regularly reviewing the content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Sites, limit distribution or visibility of any content on the Service, and suspend or terminate users, without liability to you.
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith. The disputes, controversies or differences shall be referred within ten (10) business days to the Singapore Mediation Centre in the event the internal mediation does not work. The Parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.
If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Singapore.
- The Company does not warrant that your access and usage of the Service will always be safe and seamless in its operation. The Service may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
- You undertake not to utilise the Service to do anything unlawful and criminal in nature. You agree to indemnify, defend and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Service and/or your breach of these Terms.
- The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
- You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
- If at any time any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.
- No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by the Company preclude any other or further exercise of it.
- These Terms contains the whole agreement between you and the Company relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in these Terms.
Google Analytics / Usage Information
- We use Google Analytics to understand how our customers engage with our business so you we can deliver better experiences and drive results.
- The Company gathers certain information and stores them in log files automatically in order to improve the services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Service, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.
- The Company and/or its service providers may use local storage to store content information and preferences.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Service through specific devices:
Apple is not a party to these Terms.
The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Service on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
Apple is not responsible for the Service or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Service.
In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
Apple is not responsible for addressing any claims by you or a third party relating to the Service or your possession or use of the Service, including without limitation (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Service or your possession and use of the Service infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
By downloading the Service from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Service that you download from Google Play, and;
- You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.