Terms and Conditions
These Terms of Service are entered into by and between Chibizen Inc., a Florida Corporation (“Chibizen”, “Company”, “Us”), and its Users and visitors to the website, or service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THIS USER AGREEMENT (THE "TERMS" OR “AGREEMENT”), WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. FAILURE TO USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND PRIVACY POLICY MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
1) NFT Platform
NFT website where users can connect their crypto wallets to our website. a) Company is not responsible for any third-party processing and block chain issues.
2) You may not use our Services if:
a) Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old;
b) You have previously been banned from using our Services.
c) The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organized by the Company or by others using the Services.
3) Conditions Of Admission
You must agree to these Terms of Use in order to use our Services. They govern your use of our Services. If you do not accept the Privacy Policy and these Terms of Use, you are not entitled to access our Services. By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
4) Conditions Of Access
a) You shall select a username after connecting wallet to our website. b) You shall abide by all terms of service and/our privacy policy. c) We will take any necessary measures to halt fraudulent behavior. d) Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software Websites, etc.
5) User Code of Conduct
In using the Services, you must behave in a civil and respectful manner at all times. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense. We do not encourage the use of outside services.
a) Profanity, Racism, Misogyny or other offensive conduct. No user shall use curse words or profane language nor display racist behavior or aggression while using Company’s service. This includes email addresses, username etc. Company has absolute discretion in banning any user.
6) Royalties
All users agree that any art, music, or works sold/giveaways from Chibizen on OpenSea or any payment platform shall carry a royalty fee payable from the selling user to Company. This fee will automatically be deducted by payment processor without the user’s interaction.
7) Your Personal Data Rights & General Data Protection Regulation (GDPR)
How we use your data and your data privacy rights are covered under our Privacy Policy and are hereby integrated into these Terms of Service. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
8) Content Rights and Licenses
The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
a) All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners.
b) You must not use such marks without the prior written permission of the owner of the Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
9) Limited License to Copy Content
Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.
a) Such license is subject to these Terms of Service, and specifically conditioned upon the following: b) Users may only view, copy, and print such portions of the Content for their own personal use; c) Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms of Service; d) Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; e) Users may not use the Services or Content other than for their intended purposes. f) Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Service may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. g) Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
10) Intellectual Property
Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
a) We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
DISPUTE PROCESS
11) Assumption of Risk
You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
12) Process
a) CONTACT US - You agree to contact us with your complaint prior to filing for any arbitration. b) FILE COMPLAINT - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute). c) ARBITRATION - You and Company agree that (a) any arbitration will occur in the State of Florida, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of Palm Beach County, the State of Florida and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
13) California Civil Code Section 1789.3 Compliance
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to support@chibizen.com 5210. a) California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing or at (800) 952- 5210.
14) Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICE, DOCUMENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT.
15) Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets, or damages for business interruption) arising out of or in any way related to the access to or use of the Services or content (including, but not limited to, user content, third party content and links to third party Services), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as Service interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
16) Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to: a) Any use or misuse of the Services, Content or Services by you or any third party you authorize to access or use such Services, Content or Services, b) Any User Content you create, post, share or store on or through the Services or our pages or feeds on third party social media platforms, c) Any Feedback you provide, d) Your violation of these terms, and your violation of the rights of another. e) You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). f) You further agree that the Company 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 indemnities set forth in a written agreement between you and Company.
17) Children
This Service is not directed at individuals under the age of eighteen (18) or individuals under the age of nineteen (19) in the State of Florida. Company does not knowingly collect personal information from any individual under the age of eighteen (18) or under the age of nineteen (19) in the State of Florida at this Service.
18) Entire Agreement
These Terms of Service incorporate by reference any notices contained on the Services, including within the Privacy Policy and Earning Disclaimer, and constitute the entire agreement with respect to access to and use of the Services, Services, and Content.
19) Severability
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
20) No Waiver
No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
21) No Class Actions
You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.
22) Governing Law and Venue – Florida
Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida.
23) Contact
If you have a question or a complaint about this privacy notice, our global privacy standards, or our information handling practices, you can reach us at: support@chibizen.com Chibizen Inc.
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