These Terms and Conditions form a legally binding agreement between Popsible Limited (“Company”) and you (“you”, “your” or a “User”). These Terms and Conditions apply to the User’s access to, and use of the Platform, the functionality and services offered by it (the “Services”). By accessing, using or attempting to use the Platform in any capacity, you acknowledge that you accept and agree to be bound by these Terms and Conditions. If you do not agree, you shall refrain from accessing, using or attempting to use the Platform. If you are a minor in your jurisdiction or under 18 years old, please refrain from using the Platform.
BY CLICKING ‘I AGREE’ OR ‘ACCEPT’ OR OTHERWISE ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ IT CAREFULLY PRIOR TO DOING SO.
You are strongly advised to review these Terms and Conditions from time to time to ensure that you understand it and how it applies to your access to and use of the Services.
1. In these terms and conditions, unless the context otherwise requires:
means a password-protected membership account for a User;
means anyone who provides, submits, uploads, transfers and/or makes available the Artworks and/or physical collectibles to the Platform and/or Company for tokenization and/or sales;
mean any form of artworks, designs, documents, drawings, pictures, graphics, photos, 3D models, music, video, contents, and/or materials in whatever media to be provided, submitted, uploaded, transferred and/or made available by the Artist to Company and/or the Platform for the purposes of tokenization and/or offer to sell and/or marketing from time to time;
means the buyer(s) of the Digital Collectibles and/or the Physical Collectibles on the Platform;
mean the digital collectibles to be developed from the Artworks, which are of NFT types based on, among other standards, the ERC-721 or any other standard to be adopted by the Platform and/or Company from time to time;
means a transaction on the Platform between an Artist and the first Buyer whereby the Artist sells and the Buyer purchases the first-hand sale of the Digital Collectibles and/or the Physical Collectibles;
“Intellectual Property Rights”
mean any copyrights, designs, patents, rights to inventions, rights in confidential information, know-how, trade secrets, trademarks, trade names, database rights, chip topography rights, mask works, utility models, domain names, source codes, rights in designs, rights in computer software, rights in the websites or mobile applications and all similar rights of whatever nature and in whatever form and, in such case (a) whether registered or not, (b) including any applications to protect or register such rights, (c) including all renewals and extensions of such rights or applications, (d) whether vested, contingent or future and wherever existing;
means an exclusive, worldwide, and irrevocable license to receive, hold, sell, view and display the Digital Collectible or Physical Collectible, as the case may be, for personal, non-commercial purposes. For the avoidance of doubt, the License does not confer upon the User any ownership of Intellectual Property Rights in the associated Artwork(s);
mean the listings and/or posts on the Platform in respect of the sale of Digital Collectibles and/or the Physical Collectibles;
means a non-fungible token, or a unit data stored on blockchain and which is unique, non-interchangeable with any other non-fungible tokens and with blockchain-managed ownership;
mean Company and the User;
means any third party payment gateway used by the Platform;
mean the physical form (if any) of the Artworks;
means the price of the Digital Collectibles and/or the Physical Collectibles as specified in the relevant Listings;
means all platforms, whether mobile, online, offline, or web-based channel(s) designed, created and/or owned (or to be designed, created and/or owned) by the Company for the purpose of marketing and promoting the Trading of Digital Collectibles and Physical Collectibles (and all future versions of such channels and platforms as may be created and/or amended from time to time);
means a sale and purchase transaction of a Digital Collectible or a Physical Collectible executed on the Platform using blockchain technology, whereby the License attached to such Digital Collectible or, where applicable, the title to such Physical Collectible, is transferred, at a price agreed between the parties and for valuable consideration, from an Artist to a Buyer (in the case of an Initial Sale) or from a Trade Seller to a Buyer (in the case of a Trade Sale);
means the seller(s) of the Trade Sale;
means, after the completion of an Initial Sale, any subsequent Trade of the Digital Collectibles made on the Platform;
means the Buyer, the Trade Seller, the Artist, and any individual, institution or organization which accesses to, browse, download or use the Platform and content, products and services made available by Company on the Platform;
means Company and/or its affiliate(s), subsidiary(ies);
mean any contents, information, or materials made available, posted, uploaded or displayed by Company on the Platform, including but not limited to, the Company logo, and all designs, text, graphics, pictures, information, data, software, sound files and other files, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Company and/or the Company Group; and
mean any contents, text, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, information or materials submitted, posted, displayed, uploaded or otherwise provided by the Users onto the Platform or through tools or applications we provide for posting or sharing such content (including but not limited to the comments and reviews etc.).
2. In these Terms and Conditions, the masculine gender shall include the feminine and neutral, and the singular numbers shall include the plural and vice versa.
3. Headings are to be ignored in the construction or interpretation of any provision of this Agreement.
4. The Platform’s Services include:
(a) Providing a virtual space for Users to display Digital Collectibles and/or (images of) Physical Collectibles;
(b) Providing a platform to facilitate transactions between Users, including but not limited to (i) Trade Sellers to post Listings for Trade Sale and (ii) Buyers to purchase Digital Collectibles in the Initial Sale and Trade Sale; and
(c) Providing a Hosted Wallet in which Users may deposit and hold their Digital Collectibles.
5. The User is required to register for an Account in order to list, buy, hold or sell the Digital Collectibles and/or the Physical Collectibles on the Platform.
7. Once the User has registered for an Account, he shall be solely and absolutely responsible for maintaining the confidentiality of the login information and password of his Account, and be responsible for all the transactions under his Account. The User shall not sell, rent, lease, license, or grant access to any third parties to the Account without prior written permission from Company. Company shall not be responsible or liable for any losses, consequences or damages in relation to authorized or unauthorized use of the Account or its credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreement by clicking on the website or online agreement etc.
8. Company shall have the right, in its sole and absolute discretion, to reject the registration of any Account, to suspend and/or terminate any Account at any time with immediate effect without any prior notification and/or consent from the User.
By registering to use an Account, the User represents and warrants that (i) as an individual, he is at least 18 or is of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, he has full legal capacity and sufficient authorizations to enter into these Terms and Conditions; (iii) if the User acts as an employee, representative, attorney or agent of another individual or legal entity, and enter into these Terms on their behalf, he represents and warrants that he has all the necessary rights and authorizations to bind such individual or legal entity; (iv) the User’s use of the Platform or services rendered by Company will not violate any and all laws and regulations applicable to him, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing; (v) the User is not subject to any financial sanctions, embargoes or other restrictive measures imposed by the United Nations, European Union, any EU country, UK Treasury or US Office of Foreign Assets Control, ot any governmental authority in any jurisdiction in which the Platform is available.
(a) Company is not an agent, broker, or insurer of any User; and
(b) Company is not a broker, financial institution, or creditor.
10. Company is not and does not become a party to any agreement between the Users in respect of the Initial Sale and/or Trade Sale.
The User assumes all risks when using the Platform, including but not limited to all of the risks associated with the Trade on the Platform. The User acknowledges and agrees that there are risks associated with Trading, including but not limited to, the risk of counterfeit or mislabeled Artworks and/or assets, Artworks and/or assets that maybe vulnerable to metadata decay, bugs, defects and assets that may become untransferable. The User agrees that Company Group shall in no event be liable, directly or indirectly, for any losses or damages, general, special, compensatory, consequential and/or incidental, incurred by the User arising out of or relating to or in connection with the Digital Collectibles and/or the Physical Collectibles, including but not limited to the identity, uniqueness, originality, quality, legitimacy and authenticity of the Digital Collectibles and/or the Physical Collectibles. The User shall bear full responsibility for verifying the identity, uniqueness, originality, quality, legitimacy and authenticity of any assets purchased through the Platform.
11. The User hereby acknowledges and agrees that:
(a) the agreement of the Initial Sale is made between the Artist and the Buyer, Company is not a party to and not bound by the agreement between the Artist and the Buyer in respect of the Initial Sale; and
(b) the agreement of the Trade Sale is the agreement between the Trade Seller and the Buyer, Company is not a party to and not bound by the agreement in respect of the Trade Sale.
12. The User hereby acknowledges and agrees that the Digital Collectibles are intangible assets that exist, backed and/or proved only by virtue of the decentralized ownership record maintained on its supporting blockchain and that the transfer, sale, distribution, and exchange of the Digital Collectibles occurs within the supporting blockchain, not on the Platform. Company does not represent, warrant, and/or guarantee that the Digital Collectibles or any right therein can be transferred, sold, distributed, and/or exchanged.
13. Company does not assume any liability or obligation in relation to transactions of any asset through or facilitated by any platforms or services outside the Platform that is not provided by Company.
14. The Hosted Wallet is a hosted wallet Service provided to User.
14.1 Hosted Wallet Deposit
The Hosted Wallet Service permits the User to generate an address through the Account in which User may deposit and hold their Digital Collectibles. Digital Collectibles in a Hosted Wallet can only be used in connection with the Services and not for any transactions outside of the Services. If User wishes to use their Digital Collectibles for activities other than the Services, User must first transfer them to an External Wallet.
User must not transfer NFTs that are not supported by Company and/or the Platform to a Hosted Wallet. If User transfers any NFTs that are not supported by Company and/or the Platform to a Hosted Wallet, such NFTs may be permanently lost, and Company shall not be liable for any such losses.
14.2 External Wallets
15. Company uses blockchain technologies and/or any equivalent or similar technologies to tokenize the Artworks provided by the Artist to create, mint, develop and/or tokenize the Digital Collectibles and to enable the Digital Collectibles to be Traded on the Platform.
16. The User hereby acknowledges and agrees that (i) the technologies used by the Platform are not under any control or influence of Company and are subject to risks and uncertainty, and may depend on the stability of other third party services or networks; (ii) such technologies are novel, experimental and speculative, and may subject to legal and regulatory risks in the jurisdictions of the User; (iii) the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain and may be subject to constant changes, any new regulations or policies may materially adversely affect the development of the Trade and/or service and the utility, transfer and valuation of the NFTs or of the Digital Collectibles; (iv) the NFTs or the Digital Collectibles are not legal tender and are not back by any government; (v) transactions involving NFTs or the Digital Collectibles may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable; and (vi) there are risks associated with using an Internet based currency or token, including but not limited to, the risk of hardware, software and Internet connections instability or failure, the risk of malicious software intrusion, fraud, counterfeiting, cyber attacks and any other risk that third parties may obtain unauthorized access to information stored within the User’s account or wallet. The User accepts and acknowledges that Company will not be responsible for any communication failures, disruptions, errors, distortions or delays the User may experience when using the Platform of Trading of Digital Collectibles, however caused.
17. The Digital Collectibles may depend on the third-party system or other smart contracts, some of which may be coded or deployed by a third party. The User hereby acknowledges and agrees that the smart contract may be adversely affected by malfunctions, bugs, defects, hacking, theft, attacks, intrusion, negligent coding or design choices, or changes to the protocol rules, the User may be exposed to a risk of total loss and forfeiture of all Digital Collectibles. The Company shall assume no liability or responsibility for any of the aforesaid matters.
18. The User assumes the responsibility to conduct his own independent research, investigation, and inquiry about blockchain technologies and any equivalent or similar technologies in relation to Digital Collectibles and any virtual assets.
19. The Buyer shall pay the Purchase Price via the Platform and the Buyer hereby agrees that Company or its designated entity may charge the Artist and the Trade Seller a fee representing a specific percentage of the Purchase Price in respect of Initial Sale or Trade Sale for providing and maintaining the Platform and the Services provided on or in connection with the Platform. Company may, in its absolute discretion, update the fees from time to time without any prior notice. The User authorizes Company to deduct from his Account any applicable fee that the User owes under these Terms and Conditions.
20. The User hereby acknowledges that he shall pay the gas fees and all other relevant charges if he transfers to, sells or offers to sell the Digital Collectibles in any other platforms, wallets and/or channels other than the Platform.
21. The User hereby agrees that payments via the Platform may be made through the Payment Gateway. The User hereby agrees and confirms that he accepts the terms and conditions and the mechanisms of the relevant Payment Gateway. Company has no control over the Payment Gateway, nor does it have the ability to reverse any transactions.
22. The User agrees and acknowledges that the Payment Gateway may charge administrative fees and/or other processing fees from the User. Company shall not be responsible for the said fees and that the User shall solely be responsible for the said fees.
23. Company shall not be liable for any loss, damages, costs, and expenses suffered by the User arising out of or in connection with (i) any act, default, omission, or negligence of the Payment Gateway or (ii) the closedown, suspension, termination or freezing of the Payment Gateway account.
24. The User agrees that he will not violate any law, contract, intellectual property or other third party rights, and that he is solely responsible for his conduct, while accessing or using the Platform or participating in Trades.
25. The User shall not:
(a) use the Platform to conduct any fraudulent, immoral or illegal activities;
(b) reproduce, copy, transmit, distribute, display, or otherwise use any materials or contents on the Platform without prior written consent from Company or the relevant Intellectual Property Right owner;
(c) use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden or impair the functioning of the Platform in any manner;
(d) take any action to gain or attempt to gain unauthorized access to account or wallets of other users;
(e) use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means, program or interface not authorized by Company to access the Platform, extract data or otherwise interfere with or modify the rendering of Platform pages or functionality, or to incorporate the Platform into any other programme, website or application;
(f) use data collected from the Platform to contact individuals, companies, or other persons or entities;
(g) use data collected from the Platform for any direct marketing activity;
(h) use the Platform to conduct electronic spamming or otherwise distribute ant unsolicited or unauthorised advertising, promotional or marketing material, junk or chain messages;
(i) bypass or ignore instructions that control all automated access to the Platform;
(j) use the Platform for any immoral, illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms and Conditions or applicable laws and regulations, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Platform;
(k) use the Platform to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
(l) use the Platform to engage, unauthorized and unlicensed, in any lottery, contests, sweepstakes, or other games of chance or games of chance and skills combined; and
(m) interfere, disrupt or reverse-engineer any aspects or features of the Platform.
26. By posting or uploading the User’s Materials on the Platform, the User grants Company a non-exclusive, worldwide, sublicensable, royalty-free license with the right to access, use, reproduce, host, cache, store, copy, publish, transmit, display, publish, translate, adapt, create derivative works from, distribute, publicly perform and display the User’s Materials in any media formats and distribution methods now known or later developed for any purposes, including not limited to promoting the Platform.
27. The User hereby represents, warrants, and undertakes that all the User’s Materials shall be true, accurate, complete, and updated.
28. The User hereby represents, warrants, and undertakes that he is the sole and beneficial owner of the intellectual property rights in relation to the User’s Materials or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein to post, display, provide, transfer, upload, submit and/or make available the User’s Materials to the Platform and/or Company. The User hereby also represents, warrants, and undertakes that the User’s Materials will not be subject to copyright or other proprietary right save for the aforementioned situations in this provision.
29. The User hereby agrees that all User’s Materials may be viewed by other Users, and/or the general public and will not be treated as private, proprietary or confidential.
30. The User hereby undertakes not to post any User’s Materials which: -
(a) is pornographic, obscene, violent, contains nudity, immoral, or may otherwise offend human dignity;
(b) contains any profane language, hate speech, malicious or discriminative content, politically sensitive or other content which is offensive or is likely to, whether directly or indirectly, encourage or incite violence against, disrepute, harass, embarrass, bully, shame, intimidate or upset any other user, person, group or Company;
(c) is insulting, abusive, or threatening;
(d) use tags, links, titles, or other metadata in a misleading way for the purpose of phishing or fraud;
(e) link to or embed malicious or harmful code or software ;
(f) is defamatory or libelous to any person or third parties;
(g) encourages any illegal or criminal activity, including but not limited to terrorism or the submission of which in itself constitutes the commission of a criminal offense;
(h) infringes or violates another person’s rights (including intellectual property rights and privacy rights); or
(i) involves any transmission of spam or junk message.
31. The User hereby agrees that Company shall have rights to refuse to post or to remove any User’s Materials on the Platform without providing any prior notice and/or reasons to the User.
32. The Company’s Materials are the proprietary property of Company Group. No Company Materials shall be copied, imitated or used, in whole or in part, without Company’s prior written permission.
33. Company does not assume any responsibility for the accuracy, reliability, or completeness of the Company’s Materials, nor does Company represent or warrant that the site, the Platform or the Company’s Materials are current, error-free or free of viruses or other harmful components.
34. No reproduction, republication, upload, copy, transmit, distribution, display or otherwise use of any of Company’s Materials is allowed or permitted without prior written consent from Company.
35. Some materials on the Platform may be subject to copyright owned by third parties. The User shall not copy, imitate or use any such materials, in whole or in part, without prior consent from their respective owner. The User acknowledges that all the names and/or logos used on the Platform are for identification purposes only. Use or display of these names and/or logos does not constitute or imply endorsement.
36. To the maximum extent permitted by the applicable laws, Company shall not be liable for any error or malfunction of the Platform, the blockchain technologies and/or any other technologies.
37. Company shall have no obligation to investigate the User’s compliance with all applicable laws or regulations, licenses, and/or permits in respect of the User’s activities on the Platform. Company shall not be liable if any User uses the Platform to engage in activities, which may infringe any laws and regulations.
38. The User acknowledges and declares that his funds come from legitimate sources and do not originate from illegal activities. The User agrees that Company will require him to provide or otherwise collect the necessary information and materials as per relevant laws, regulations and requirements of any law enforcement or governmental authority to verify the legality of the sources and use of his funds.
39. The User assumes all risks when using the Platform, including but not limited to all of the risks associated with the Trade. Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates shall in no event be liable, directly or indirectly, for any losses, claims, damages or liabilities, general, special, compensatory, consequential and/or incidental, incurred by the User arising out of or relating to or in connection with the Platform, the Digital Collectibles, the Physical Collectibles and/or the Trade, any performance or non-performance of the Platform, or any other product, service or other item provided by or on behalf of Company and its affiliates, including but not limited to loss of profits, loss of value, loss of goodwill, loss of data and any other damages.
40. Company does not make any representations and warranties on the liquidity, the present and future valuation of the Digital Collectibles and/or the Physical Collectibles, or any other blockchain assets. The User acknowledges that (i) the value of the Digital Collectibles and/or the Physical Collectibles are extremely volatile and may fluctuate from time to time; (ii) the fluctuations in the price of other digital, virtual and/or blockchain assets may materially and adversely affect the valuation of the NFTs and/or the Digital Collectibles and/or the Physical Collectibles; and (iii) the value of the NFTs and/or the Digital Collectibles may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs and/or the Digital Collectibles is subject to the potential for permanent or total loss of value should the market for NFTs disappear.
41. While Company will implement reasonably practicable procedures, measures, and steps to safeguard the security and the integrity of the Platform, Company cannot guarantee absolute security over the internet and/or electronic storage and does not represent, warrant or undertake that the Platform, the content, any Digital collectibles and/or Physical Collectibles listed on the Platform are free of viruses or other harmful components.
42. Company does not represent, warrant or undertake that: (a) the Platform is fit for the User’s purposes; (b) the Platform is compatible with the User’s mobile devices or computers; (c) the Platform is free of bugs, errors, defects, malware and viruses; and any electronic files available on the Platform will be free of any computer virus, trojan, worm or other computer code that, directly or indirectly, is harmful or disabling or which assists in or enables unauthorized access to or corruption of data.
43. All Company’s Materials are of a general nature only and are not intended to constitute financial, investment, or otherwise professional advice. The User shall not rely upon the Company’s Materials.
44. No communication, content, materials or information provided by Company should be construed as indicating any Digital Collectibles or Physical Collectibles as investment products, financial products, or any similar products, including but not limited to securities or any regulated products, or indicating any possibility of capital appreciation or profit-making.
45. The Platform, the content contained therein, the Digital Collectibles and Physical Collectibles listed therein are provided “as is” and “as available” basis and without representations, warranties or undertakings of any kind either express or implied. Company does not undertake to review any of such content. To the fullest extent permissible pursuant to applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, copyright compliance, legality, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus. Company makes no representations or warranties or endorsements of any kind whatsoever, express and implied, as to the Platform or the Company’s Materials. The User uses the Platform at his own risk. Company assumes no liability for any action regarding transmissions, communications, publication, or content provided by any User or third party.
46. Company is not a broker, intermediary, agent, or advisor to the User and has no fiduciary relationship or obligation to the User in connection with any trades or other investment decisions or activities effected by the User using the Platform. No communication, content or information provided on the Platform by Company is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice, whether general or professional. The User is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for him according to his personal investment objectives, financial circumstances and risk tolerance, and the User shall be solely responsible for any loss or liability therefrom. The User should consult legal or tax professionals regarding his specific situation. Company does not recommend that any Digital Collectibles or Physical Collectibles should be bought, earned, sold, or held by the User. Before making the decision to buy, sell or hold any Digital Collectibles or Physical Collectibles, the User should conduct his own due diligence and consult his financial advisors prior to making any investment decision. Company will not be held responsible for the decisions the User makes to buy, sell, or hold Digital Collectibles or Physical Collectibles based on the information provided by Company.
47. The User shall indemnify, defend, and hold harmless Company Group, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (the “Indemnified Parties”) from and against any and all actual or alleged claims, actions, proceedings, investigations, demands, suits, losses, damages, demand of liability, costs, including attorneys’, investigators’, and experts’ (or similar) fees, disbursements and all expenses incurred, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (the “Claims”), arising out of or in connection with: -
(a) any negligent acts, omissions, or willful misconduct by the User;
(b) User’s access to and uses or misuses of the Platform;
(c) any dispute between the Users;
(d) the User’s violation of these Terms and Conditions;
(e) the User’s violation or infringement of any rights of any third party, including but not limited to the Intellectual Property Rights; and/or
(f) the User’s violation or infringement of any laws or regulations. The User agrees to promptly notify Company of any Claims and cooperate with the Company in defending such Claims. The User further agrees that the Indemnified Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other claims or indemnities that Company may have against the User.
48. The User may terminate these Terms and Conditions at any time without giving Company any prior notice by discontinuing to use the Platform.
49. Company may terminate these Terms and Conditions with immediate prior notice if the Users breaches or fails to comply with any provision of these Terms and Conditions.
50. Notwithstanding anything contained in these Terms and Conditions, Company reserves the right, without notice and in its sole discretion, to terminate the User’s right to access or use the Platform at any time and for any or no reason, and the User acknowledges and agrees that Company Group shall have no liability or obligation to the User in such event and that the User will not be entitled to a refund of any amounts that he has already paid to Company, to the fullest extent permitted by applicable law.
51. Company may at its sole discretion change, suspend or discontinue, temporarily or permanently, any of the feature, database, or content of the Platform at any time without any prior notice and without liability therefore.
52. The Platform may contain links and pointers to other websites, resources, and advertisers of the Platform. Links to and from the Platform to other materials, mobile applications or websites, maintained by third parties, do not constitute an endorsement by Company or any affiliation with any third-party site or content. Company is not responsible for the availability of these third-party resources, or their contents. Company has not reviewed any or all of the materials, mobile applications or sites linked to the Platform and is not responsible for the content of any third-party pages or any other materials, mobile applications or websites linked to the Platform. The User’s linking to other third-party sites is at his own risk. By clicking on any such link, the User acknowledges that Company has no control over and makes no representations of any kind with respect to, such other materials, mobile applications, websites, or any content contained within such other materials, mobile applications or websites, and the User hereby revokes any claim against Company with respect to such other materials, mobile applications or websites. The User should direct any concerns regarding any external link to its mobile application or site administrator or webmaster.
53. Company will comply with all the applicable personal data laws and all the related regulations and guidelines issued by all relevant authorities in Hong Kong from time to time.
55. The User shall bear his own taxes in connection with their income and profits in relation to the Digital Collectibles and/or the Physical Collectibles imposed by any governmental authorities.
56. These Terms and Conditions embody all the terms and conditions agreed upon between the Parties as to the subject matter of the Terms and Conditions and supersedes and cancels in all respects all previous correspondence, understandings, and agreements between the Parties with respect to the subject matter hereof, whether such be written or oral.
57. The failure of any party hereto at any time to require performance or observance by any other party of any provision of these Terms and Conditions shall in no way affect the right of such first party to require performance of this provision and any waiver by any party of any breach of any provision of these Terms and Conditions shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself or a waiver of any right under these Terms and Conditions.
58. If any of the provisions in these Terms and Conditions are deemed invalid, illegal, prohibited, void, or for any reason is unenforceable, that provision will be ineffective and deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
59. Save and except any member of the Company Group, a person who is not a Party to this Agreement has no right to enforce any term of this Agreement.
60. These Terms and Conditions may be amended or modified from time to time. Any changes will be reflected by an update of these Terms and Conditions. The User shall check the revised Terms and Conditions from time to time. By continuing to access or use the Platform, the User confirms his acceptance of the revised Terms and Conditions and all of the terms incorporated therein by reference. If the User does not agree to the revised Terms and Conditions, he may not access or use the Platform.
61. These Terms and Conditions do not create any agency, partnership, or joint venture between Company and the User.
62. These Terms and Conditions are governed by and shall be construed in all respects in accordance with the laws of Hong Kong. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, or the interpretation, breach, termination, validity, or invalidity thereof, shall be referred to and finally resolved by arbitration in Hong Kong by the Hong Kong International Arbitration Centre in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the notice of arbitration is submitted. The law of this arbitration clause shall be construed and enforced in accordance with Hong Kong law. The seat of arbitration shall be in Hong Kong. The number of the arbitrator shall be one (1). The arbitral proceedings shall be conducted in English, and the arbitral award shall be final and binding on the parties to such proceedings.