The purpose of these Terms of Service (these “Terms”) is to set forth the rights, obligations and responsibilities of the user (the “User” or “you”) in accessing and using the NFT listing, purchase, sale and related services provided by LINE NEXT Inc. (the “Company” or “we”) under the DOSI Store brand (the “Service”), available at the domain name of X.store.dosi.world (or a sub-domain thereof), where “X” represents the specific name of a branded storefront or collection constituting part of the Service (the “Site”). The Company is a U.S.-based company.
2. Important Notice
(i) If you (1) do not consent to these Terms, (2) are not at least fully 19 years old, or (3) are prohibited from accessing or using the Service or any of its content, products or services by applicable laws, you may not access the Site or make use of the Service.
(ii) By making use of the Service, you acknowledge that you are of lawful age to execute these Terms, consent to these Terms, and are bound by these Terms. If you make use of the Service on behalf of a legal entity, you affirm that you have the legal authority to cause such legal entity to be bound by these Terms. If you do not have such authority or do not consent to these Terms, or if such legal entity has not complied with all requests made by the Company for additional information regarding such legal entity and/or persons associated or affiliated with such legal entity, the applicable legal entity may not access or use the Service.
(iii) Any creation, purchase or sale of NFTs you make outside of the Service will be entirely at your risk. We do not control or endorse creation, purchase or sale of NFTs outside of the Service. We will have no obligation whatsoever at law or in equity to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions of, NFTs outside of the Service.
(iv) Any and all changes to these Terms will apply from the “Last Update Date” as specified in this page. Users are required to review these Terms (including such changes) prior to using the Service.
If you continue to make use of the Service after the “Last Update Date,” you will be deemed to have accepted and consented to the applicable changes to these Terms.
(v) If you intend to cease your use of the DOSI Store and terminate any account associated therewith, you may submit an application for termination of your account within the Site.
(vi) You acknowledge that the Company reserves the right, in its sole discretion, to determine whether to support, list for sale, accept for listing for sale, delist, suspend or otherwise remove the listing of any NFT, whether to comply with applicable law or for any other reason or no reason. Without limiting the generality of the foregoing, the Company may take any action with respect to your NFTs or associated Art (as defined in Article 7) or other content if the Company believes that your NFT or associated Art or other content violates these Terms, infringes any intellectual property or other rights of any person or entity, threatens the personal safety of Users or the public, or could create liability for the Company, its Affiliates or other Users.
(vii) Any information relating to the NFT products and services contained in the Site may be subject to change without prior notice for service improvement purposes. Users have the responsibility to check any up-to-date information relating to the NFT products and services and to make final decisions as to the Services provided by the Company and information obtained by using the Services, and solely assume the liabilities arising out thereof, and the Company will not take any responsibilities for the losses caused thereby.
3. Use of the Service: Account set up and Security
(i) Account and Wallet Set-Up
To use the Service, you should first install (or confirm existing installation of) a web browser (such as the Google Chrome web browser or another compatible web browser). If you are using the Service in a supported jurisdiction other than Japan, you will also need to setup and use an electronic wallet authorized by the Service (a “DOSI Wallet”), which will enable you to store NFTs that you acquire or purchase via the Service. Details on setting up a DOSI Wallet and related account are set forth at the site https://wallet.DOSI.world/, and the use of the DOSI Wallet service is subject to the separate terms of service for the DOSI Wallet service available at such site.
If you are a person who is resident, domiciled or located in Japan and registers with a LINE account and the LINE region code is Japan (“Japan User”) you may use your electronic wallet obtained through LINE BITMAX (a “LINE BITMAX Wallet”) to synchronize your account to this Service and, view NFTs listed on the Service. However, a Japan user that wishes to purchase an NFT (or, to the extent supported in the future, sell an NFT) utilizing the Service will be required to do so through an account opened and maintained with the “LINE NFT” service (not an account opened with this Service). Details on setting up a LINE BITMAX Wallet and related account are set forth at the site [https://wallet.bitmax.me/] and the use of the LINE BITMAX Wallet service is subject to the separate terms of service for the LINE BITMAX Wallet service available at such site. Article 22 of these Terms contains certain additional information regarding indirect access to the Service provided through LINE NFT, and such information may be updated or supplemented from time to time to reflect additions or changes to the LINE NFT service and the manner in which transactions thereon are integrated with the Service.
You shall notify the Company if you suspect any unauthorized use or access of your account with the Service or otherwise suspect any security breaches or attempted security breaches in the Service, your account, a device used by you to access the Service, your associated electronic wallet or those of any other User. You assume exclusive responsibility for all transactions and other activities that occur in your account or through the Service and accept all risk of any unauthorized access to your account, to the maximum extent permitted by applicable laws.
The Service is not available in all jurisdictions. The Company prohibits the use of the Service in certain jurisdictions, which jurisdictions may vary at the Company’s sole discretion. The Company may implement controls to restrict access to the Service from any jurisdiction in which use of the Service is prohibited or restricted. You shall comply with such restrictions, even if the methods imposed by the Company to prevent the use of the Service are not effective or can be bypassed.
Each NFT supported by the Service is a non-fungible token (an “NFT”) on the LINE Blockchain Network operated by an affiliate of the Company.
(ii) Account Registration
You must provide accurate and complete registration information as required by the Service when you create an account for the Service, and you must continuously maintain and promptly update such account information when there are changes to such information. We reserve the right to reclaim usernames if necessary without liability to you. The account established for the Service is associated with your supported electronic wallet account.
(iii) Account Security
You are responsible to maintain the security of your Service account. If you become aware of any unauthorized use of your password or of your Service account by any third party, you agree to notify the Company immediately at https://contact.dosi.world/.
(iv) Account Transactions
You can use supported electronic wallets to transact in NFTs using your credit card, one or more fiat currencies or one or more cryptocurrencies that we may determine to accept from time to time. Transactions that take place on the Service can be effected and confirmed via the LINE Blockchain Network, which records NFT transactions. You understand that, by the nature of blockchain technology, your blockchain network address and transaction data will be made public whenever you engage in a transaction on the Service.
4. Purchasing and Earning NFTs
(i) Transacting NFTs.
The Service allows you to purchase, collect, acquire and sell NFTs. Each NFT exists on the Line Blockchain Network.
To the extent not prohibited by these Terms or the Company’s agreements with specific B2C Sellers (as defined below), certain sellers of NFTs may make NFTs available for sale on both the Service and the LINE NFT service.
(ii) Purchasing NFTs.
Based on the methods of payment supported in your jurisdiction, you may be able to purchase NFTs with supported cryptocurrencies or fiat currencies (e.g., credit card, bank account transfer) in the following manners. There are different types of payment options and NFTs available for purchase or sale according to the region where you make use of the Service. Japan Users may register with DOSI Stores, however use of the Service may be limited subject to DOSI internal policies; provided however, this limitation does not apply to DOSI Wallet Users who are resident, domiciled or located in Japan.
(a) By buying NFTs from the Company or other initial sellers on the DOSI Store (“B2C”)
i. B2C products can be sold/purchased with the cryptocurrencies and/or fiat currencies supported by the Service
ii. “Gas” fees arising out of B2C transactions are borne by the purchaser.
(b) By buying NFTs from other Users who choose to resell NFTs purchased under the method specified in (a) above within the DOSI Store (“C2C” or “User-to-User Transactions”).
i. C2C products can be sold/purchased with cryptocurrencies that are supported by the Service
ii. “Gas” fees arising out of C2C transactions are borne by the purchaser.
If you attempt to purchase NFTs in any way other than as set forth above, you understand that such methods of purchase are not supported by the Service, may result in a partial or total loss of your NFTs or other assets, and you will be required to bear all risks and losses arising from your engagement in unsupported transactions. Payments for NFTs purchased on the Service must be made using a method and currency (including, as applicable, cryptocurrency) supported by the Service in your jurisdiction.
If any use of the Service is hindered or delayed due to technical defects inherent in the NFTs sold at the DOSI Store or otherwise, the Company has the authority to take such actions as it deems appropriate in its sole discretion without prior notice to Users, which may include, without limitation, a temporary suspension of sales of NFTs either generally or with respect to particular types or subsets of NFTs, and prohibition or removal of NFT listings. To the maximum extent permitted by applicable law, the Company shall not be liable for any losses suffered by you resulting from any suspension or termination of the Service or any aspect thereof. You agree that your NFTs will be impossible to access during a suspension of the Service or following a termination of the Service.
(iii) Earning NFTs.
You may be able to earn or receive certain NFTs for free by participating in challenges or marketing campaigns sponsored by the Service. However, such NFTs and related programs may be changed, updated or discontinued at any time in the sole discretion of the Company.
(iv) Forms of NFTs.
NFTs are typically linked to underlying digital art or other media comprised of one or more images, one or more videos, or similar content. The Company reserves the right to establish, maintain, implement and modify from time to time certain internal policies regarding the types of NFTs supported by the Service, and the Company is under no obligation to make such policies public or otherwise notify Users of such policies or changes thereto.
(v) Subjectivity of NFT Value.
The value of each NFT is inherently subjective, in the same way the value of other collectibles is inherently subjective. You agree that you are solely responsible for your understanding and assessment of the value of each NFT, and you expressly acknowledge and agree that your account is not an investment account, that NFTs have no intrinsic value, and that there is a possibility that an NFT purchased or otherwise acquired by you may lose part or all of its value.
(vi) Showcasing NFTs.
You can check any NFTs that you purchase on the DOSI Store on your supported electronic wallet and “MY NFT” pages.
(vii) Sale of NFTs.
You can sell the purchased NFTs to other User (C2C) (with the exception of cases where the B2C seller of the purchased NFT does not permit subsequent C2C transactions involving such NFT). NFT sales prices are inclusive of fees for use of the Service (“Platform fees”), and royalties set by initial creators of NFTs (“royalty”) and such Platform fees and royalty shall be automatically paid out from a purchasing User’s electronic wallet. In a case where you sell the applicable NFTs to other Users, you may receive the sales price after deducting the Platform fees, royalty and other fees.
(viii) Refund of, and Inquiries and Consultations on, NFTs.
(a) Refunds for B2C Purchases will be made in accordance with DOSI Store internal policies.
(b) Refunds for C2C Purchases
As to the refund of fees or other amounts received by the Company in connection with the purchase of NFTs in a C2C transaction, refunds shall not be permitted as a general principle. However, if it is verified by the Company that such refund of fees or other amounts received by the Company is appropriate due to a cause solely attributable to the Company’s act or omission (e.g., incorrect price/product labelling due to system error), as determined by the Company in its sole discretion, a refund may be permitted on an exceptional basis and in the sole discretion of the Company. If a User participating in a C2C transaction believes that a refund of fees or other amounts received by the Company in connection with such transaction is warranted in accordance with the foregoing, such User shall contact the Company at https://contact.dosi.world so that the Company may investigate such request and make its final determination (in its sole discretion) as to whether a refund of such fees or other amounts is appropriate.
(c) Other Refund Terms
If the applicable laws of a jurisdiction require that refunds be offered or provided to some or all Users in that jurisdiction on terms, or using procedures, that are different from those expressly set forth in these Terms, the Company may vary the provisions of these Terms relating to refunds in connection with transactions involving affected Users in order to comply with such laws.
(d) Other Inquiries
Any complaints and dispute resolution regarding the purchase and use of the NFTs shall be in accordance with applicable laws and regulations, including any applicable standards set out by regulators. Please visit https://terms2.line.me/GlobalNFTWallet_CustomerDamage?lang=ko/ for more details.
Please contact https://contact.dosi.world/ for any additional inquiries and requests for consultation regarding the purchase and use of the NFTs.
In addition, any User or other person may object to any NFT listed or displayed on the Site or the content associated with such NFT, on the grounds that such NFT violates provisions hereunder regarding Prohibited Activities or is otherwise objectionable, by contacting https://contact.dosi.world/. If the Company determines, in its sole discretion, that such an objection is valid, reasonable and/or otherwise warranted, the Company may take such action as it deems warranted to delist, remove and/or suspend the objectionable NFT and, if determined by the Company in its sole discretion to be warranted, to seek redress from the User that posted the objectionable NFT and/or related content on the Site.
5. Certain Rights and Obligations of Users based on Transaction Type; Certain Limitations on Liability of the Company
(i) B2C Transactions
(a) Sales of NFTs by the Company
The Company may directly sell NFTs owned by the Company.
If a User is suspected of committing any misconduct in connection with the Company’s sale of any NFT to the User (including, but not limited to, interfering with the provision of the Service or undermining fair transactions by repeatedly requesting refunds after purchase, and whether intentionally or negligently or otherwise), the Company may suspend, otherwise restrict or terminate such User’s access to the Service, which may be for a certain period of time or on a permanent basis. The affected User may raise an objection against such restrictions by submitting an objection at https://contact.DOSI.world/, in which case the Company will conduct a factual investigation (the scope and nature of which shall be within the sole discretion of the Company) concerning the details of the objections raised by the User and will notify the User concerning the Company’s findings upon the conclusion of such investigation.
In any of the following cases, the Company may restrict or suspend any scheduled sales (or any listing for sale) without prior notice to Users:
i. Any copyright or other intellectual property right infringement or dispute has occurred in respect of the relevant NFTs’ associated design, artwork, images, videos, other media or other content, or the Company has received a third-party claim asserting such an infringement or dispute or has otherwise become aware of the actual or potential occurrence of such an infringement;
ii. The NFTs’ or associated contents’ characteristics, features and the like are determined to be in breach or violation of the Company’s service policies or standards, or improper under social norms (including a violation of such internal and/or publicized content guidelines as may be established, maintained, implemented or modified by the Company from time to time, with or without notice to Users); or
iii. The Company has otherwise determined, in its sole discretion, that the relevant NFT or associated content should not be supported by the Service for any other reason.
(b) Sales of NFTs by Other B2C Sellers
In some B2C transactions, the Company provides intermediary listing and sales services to a B2C seller (the “B2C Seller”) and the buyer via the Service.
In such cases, the Company will only be responsible for the operation and management of the Service in support of the transaction between the B2C Seller and the purchasing User. The Company is not a party to such transactions, and shall not act as an agent of either the B2C Seller or the purchasing User in any such transaction. Notwithstanding anything to the contrary in these Terms, the B2C Seller and the purchasing User shall take full responsibility for any transaction(s) entered into between them, and the Company shall not be responsible for any damage or loss incurred by the B2C Seller or the purchasing User arising from any such transaction. The Company does not guarantee the genuineness of a B2C Seller’s identity or intent in entering into any transaction, or the truthfulness or legality of the information provided by a B2C Seller. In addition, the Company does not provide any assurances regarding the quality, completeness, safety or legality of any NFT sold by a B2C Seller, or any assurances that such sale does not infringe upon the intellectual property rights or other rights of any third party.
Before purchasing any NFTs from a B2C Seller, the purchasing User must confirm the terms of the transaction and the detailed description of the relevant NFTs prepared and provided by such B2C Seller as part of the listing of such NFTs for sale on the Site. Subject to its agreements with the Company, and provided that such variations are disclosed to a purchasing User as part of the terms of the transaction and the detailed description of the relevant NFTs prepared and provided by such B2C Seller as part of the listing of such NFTs for sale on the Site, a B2C Seller may be permitted to vary certain terms and conditions applicable to transactions involving all or certain NFTs listed for sale by such B2C Seller (which may include, without limitation, restrictions on the resale of such NFTs). The purchasing User shall be responsible for all losses and damages arising out of or in connection with any purchase made without confirming the content of the NFTs or the terms of the transaction. In no case shall the Company be responsible for any such losses or damages to the purchasing User or the B2C Seller.
If a purchasing User is suspected of committing any misconduct in connection with a B2C Seller’s sale of any NFT to such User (including, but not limited to, interfering with the provision of the Service or undermining fair transactions by repeatedly requesting refunds after purchase, and whether intentionally or negligently or otherwise), the Company may suspend, otherwise restrict or terminate such User’s access to the Service, which may be for a certain period of time or on a permanent basis. The affected User may raise an objection against such restrictions by submitting an objection at https://contact.dosi.world/, in which case the Company will conduct a factual investigation (the scope and nature of which shall be within the sole discretion of the Company) concerning the details of the objections raised by the User and will notify the User concerning its findings upon the conclusion of such investigation.
In any of the following cases, the Company may restrict or suspend any scheduled sales (or any listing for sale) without prior notice to Users or the relevant B2C Seller:
i. Any copyright or other intellectual property right infringement or dispute has occurred in respect of the relevant NFTs’ associated design, artwork, images, videos, other media or other content, or the Company has received a third-party claim asserting such an infringement or dispute or has otherwise become aware of the actual or potential occurrence of such an infringement;
ii. The NFTs’ or associated contents’ characteristics, features and the like are determined to be in breach or violation of the Company’s service policies or standards, or improper under social norms (including a violation of such internal and/or publicized content guidelines as may be established, maintained, implemented or modified by the Company from time to time, with or without notice to Users);
iii. It is determined that the B2C Seller or any individual, organization or corporation directly or indirectly related to the B2C Seller has engaged in any fraudulent, inappropriate or otherwise wrongful conduct in connection with its listing and/or sale of NFTs on the Service (including, without limitation, falsely entering into transactions with an aim to influence the sales prices of its NFTs or other conduct that has, or is intended to have, a manipulative effect on the market for its NFTs); or
iv. The Company has otherwise determined, in its sole discretion, that the relevant NFT or associated content should not be supported by the Service for any other reason.
The B2C Seller shall be required to assume, and hereby assumes, the following obligations and responsibilities with respect to the NFTs listed and sold by it on the Service:
i. The B2C Seller warrants and confirms that it has the right to transfer ownership of the NFTs sold by such B2C Seller;
ii. The B2C Seller warrants and confirms that it owns or otherwise possesses (pursuant to legitimate license, sub-license, or otherwise), all intellectual property and other rights, licenses, consents, permissions, powers and/or authority necessary to grant the rights specified herein with respect to the content associated with NFTs sold by such B2C Seller (as set forth in more detail in Article 7 of these Terms), and that the sale of such NFTs does not result in the breach of any third party’s intellectual property or other rights; and
iii. The B2C Seller warrants and confirms that any transfer of ownership of such NFTs pursuant to a sale by such B2C Seller is not in violation of these Terms or other applicable laws.
Each B2C Seller agrees that it will not arbitrarily withdraw or suspend any sale of NFTs on the Service, and when the B2C Seller is required to withdraw or suspend a sale of such NFTs due to unavoidable causes, the B2C Seller shall notify the Company of its intention to withdraw or suspend such sales (including an explanation in reasonable detail of the reason for such withdrawal or suspension) at least sixty (60) days prior to any such withdrawal or suspension. In addition, if the Company suffers any damages as a result of a withdrawal or suspension of sales by a B2C Seller, the Company will be entitled to compensation from the B2C Seller for such damages.
Under no circumstances shall the Company be liable to Users for any failure by a B2C Seller to satisfy its obligations in connection with a B2C transaction, unless such failure is directly attributable to the Company’s bad faith or willful misconduct.
(ii) C2C (or “User-to-User”) Transactions
Although the Company provides a service whereby a User may directly purchase and/or sell an NFT from or to one or more other Users (“User-to-User Transactions”), the Company is not a transaction counterparty to any User-to-User Transactions. Users engaging in User-to-User Transactions are required to comply with applicable provisions of these Terms and applicable transaction policies and guidelines of the Company (as set forth in these Terms or otherwise made available on the Site from time to time).
The Company will only be responsible for the operation and management of the Service in support of User-to-User Transactions. The Company is not a party to any such transaction, and shall not act as an agent of any User in any such transaction. Notwithstanding anything to the contrary in these Terms, a User who is party to a User-to-User Transaction shall take full responsibility for any obligations of such User incurred in connection with such transaction, and the Company shall not be responsible for any damage or loss incurred by a User arising from a User-to-User Transaction.
In connection with any User-to-User Transaction, the purchaser is fully responsible to confirm the genuineness, legitimacy and authenticity of the NFTs purchased on the Site. The Company does not provide any assurance that the NFTs displayed on the Service are readily available for sale, purchase or transfer at any time, and will not assume any liabilities for the genuineness, legitimacy and authenticity of the NFTs listed for sale or sold by Users, or as to associated content of such NFTs. Furthermore, the Company does not guarantee the genuineness of any User’s identity or intent in entering into any transaction, or the truthfulness or legality of the information provided by any User engaging in a User-to-User Transaction. In addition, the Company does not provide any assurances regarding the quality, completeness, safety or legality of any NFT sold by a User in a User-to-User Transaction, or any assurances that such sale does not infringe upon the intellectual property rights or other rights of any third party. Before purchasing any NFTs from another User, a User must confirm to its satisfaction the terms of the transaction and any available description of the relevant NFTs prepared by the selling User.
Each seller’s transaction terms may differ from the Company’s transaction policies, and the purchasers may be subject to such transaction terms as may be provided by the individual sellers. For instance, individual sellers may post specific details and transaction terms regarding the NFTs on sale on such seller’s separate website (provided that a link or other information on how the purchaser can access and review such separate website is made available with the NFT listing and is readily accessible by the purchaser), and the purchasers may be subject to the transaction terms posted thereon. As such, the purchaser must review the respective transaction terms imposed by the seller, and hereby agrees that any and all contractual liabilities arising therefrom are borne by the purchaser except as, and to the extent, excused under applicable law (including, as applicable, due to non-performance or other breach by the seller). IN NO EVENT MAY A SELLING USER IN A USER-TO-USER TRANSACTION IMPOSE ANY CONDITION OR TERM OF SUCH TRANSACTION THAT IS IN VIOLATION OF ANY APPLICABLE LAW. IN ADDITION, TO THE EXTENT ANY CONDITION OR TERM IMPOSED BY A SELLING USER IN A USER-TO-USER TRANSACTION VIOLATES OR IS OTHERWISE INCONSISTENT WITH THESE TERMS, SUCH VIOLATIVE OR INCONSTENT CONDITION OR TERM SHALL HAVE NO EFFECT IF IT RESULTS OR COULD RESULT IN IMPOSING LIABILITY ON THE PART OF THE COMPANY TO THE PURCHASING USER OR ANY OTHER PERSON.
A User that engages in a User-to-User Transaction as the seller of an NFT warrants and confirms that it owns or otherwise possesses (pursuant to legitimate license, sub-license, or otherwise), all intellectual property and other rights, licenses, consents, permissions, powers and/or authority necessary to grant the rights specified herein with respect to the content associated with NFTs sold by such User (as set forth in more detail in Article 7 of these Terms), and that the sale of such NFTs does not result in the breach of any third party’s intellectual property or other rights.
The terms imposed by the relevant seller in a User-to-User Transaction may establish terms and procedures for cancellation of a User-to-User Transaction and/or the processing of any refund in connection therewith, provided that such terms and procedures may not result in any liability of the Company to the purchasing User or any other person. Upon the cancellation of any User-to-User Transaction that is effected pursuant to any such separate transaction terms governing the transaction, the seller is solely responsible to provide to the buyer any refund that is required or otherwise agreed in connection with the transaction cancellation. Unless determined by the Company to be appropriate in accordance with Article 4(viii)(b) of these Terms in the limited circumstances set forth therein following a request for such refund made by one or both parties to the relevant User-to-User Transaction, the Company shall not be required to (i) refund any transaction fees or other amounts paid to the Company in connection with the relevant User-to-User Transaction (or, as applicable, in connection with a reversal transaction made by the parties thereto in connection with the cancellation of such transaction), or (ii) otherwise facilitate or participate in any cancellation or refund of or in connection with a User-to-User Transaction.
The Company may restrict or suspend any scheduled transactions without prior notice if and to the extent required or advisable, as determined in the Company’s sole discretion, for the purpose of facilitating provision of the Service in a smooth manner. In cases where the Company suspects that a selling User has committed an act of repeated product registration for the same NFT, intentionally or negligently, or a User has been involved in other wrongful or inappropriate use of the Service in connection with its participation in User-to-User Transactions or otherwise, the Company may without liability to any relevant User suspend, restrict or otherwise terminate such User’s access to the Service, which may be for a certain period of time or on a permanent basis. The affected User may raise an objection against such restrictions by submitting an objection at https://contact.dosi.world/, in which case the Company will conduct a factual investigation (the scope and nature of which shall be within the sole discretion of the Company) concerning the details of the objections raised by the User and will notify the User concerning its findings upon the conclusion of such investigation.
(iii) Airdrops or Other Benefits Distributed by Third Parties
There may be circumstances in which a third party (which may include, for example, a B2C Seller or a creator of an NFT sold by the Company) “airdrops” a token representing access to certain benefits (e.g., a concert ticket) or otherwise provides such benefits to the holder of an NFT created or sold by such third party. Any such benefits will be provided solely by such third party, and the Company shall not be involved in any manner with respect to the type, distribution or substance of any such benefits and will not have any obligations or liabilities with respect to the delivery of (or failure to deliver or honor) such benefits.
6. Payment and Taxes
(i) Financial Transactions on Service.
Any payments that you engage in via the Service will be conducted solely through service providers who are connected to the supported electronic wallets based on service regions. We have no control over these payments or transactions, nor do we have the ability to cancel any payments or transactions. We have no liability to you or to any third party for any damages that may arise as a result of any payments or transactions that you engage in via the Service. We may provide refunds for certain purchases that you might make on or through the Service to the extent set forth in these Terms, as more fully set forth Article 4(viii).
(ii) Responsibility for Taxes.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority in connection with your use of the Service (collectively, “Taxes”). Except for income taxes levied on us in connection with your use of the Service, you are solely responsible to pay:
(a) All national, federal, state, local or other Taxes and assessments of any jurisdiction, including value added taxes and Taxes as required by international tax treaties or customs;
(b) Other import or export taxes, and amounts levied based on charges set, services performed or payments made hereunder, as may be imposed under the authority of any national, state, local or any other taxing jurisdiction.
It is your sole responsibility to report and remit the correct Tax amount to any and all relevant tax authorities. You acknowledge and agree that the Company is not responsible for determining the amount of any Taxes you owe, nor is the Company responsible for determining if Taxes apply to your use of the Service or for collecting, reporting, or withholding any Taxes arising from your use of the Service. Notwithstanding the foregoing, the Company reserves the right to collect and remit sales tax in respect of transactions of a User with another User and each User shall cooperate in such activity if so requested by the Company by providing necessary assets, information and forms, each as determined by the Company. The Company further reserves the right to implement collection, reporting and withholding for tax purposes at any time and in any jurisdiction where applicable laws, whether currently or in the future in effect or pending, may require the same.
You will not be entitled to deduct the amount of any such Taxes, duties or assessments from payments made to us pursuant to these Terms.
7. Ownership, License, and Ownership Restrictions
Your ownership of NFTs will only be recognized by the Company if you have purchased or otherwise rightfully acquired such NFTs from a legitimate source (including the Company, a B2C Seller or another User (in a User-to-User Transaction supported by the Service)), and not through or in connection with any of the Category B Prohibited Activities (as defined below), as determined by the Company in its sole discretion.
For the purposes of this Article 7, the following capitalized terms will have the following meanings.
“Art” means any art, design, drawings, musical composition or similar content (in any form or media, including, without limitation, videos, video clips, images, photographs, music clips and other audiovisual content) that may be associated with an NFT that you Own.
“Own” means, with respect to an NFT, your purchase or rightful acquisition of an NFT from a legitimate source (and not through or in connection with any of the Category B Prohibited Activities as defined below), where proof of such purchase is recorded on the authorized blockchain network.
“Purchased NFT” means an NFT that you Own.
“Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
(i) Ownership of NFT.
When you purchase an NFT in accordance with these Terms (and not through any of the Category B Prohibited Activities), you Own the underlying NFT. This means that you have the right to sell, swap or otherwise transfer your NFT. However, your acquisition of ownership of an NFT does not necessarily mean (and in many or most cases, will not mean) that you obtain the intellectual property rights to the applicable NFT’s associated Art as well.
Except as otherwise permitted by these Terms, in cases where we determine that an NFT has not been rightfully acquired from a legitimate source (including, without limitation, through or in connection with any of the Category B Prohibited Activities), we have the right not to recognize your ownership of such NFT, and to cause the forfeiture of, freeze or amend the ownership record of the applicable NFT.
If you voluntarily withdraw from the Site and terminate your use of the Service, or if we require you to do so based on your misconduct or your violation of these Terms, your ownership of any acquired NFTs may be forfeited, and the applicable NFTs will be subject to the procedures determined by the Company (which, subject to requirements of applicable laws, may include the Company taking possession of, attaching, detaching, burning (or otherwise destroying) or remitting to a relevant governmental authority in your jurisdiction of residence (as and if required) all or any portion of such NFTs). After your withdrawal from the Site, you will not be able to reacquire any ownership to the NFTs for which you have previously lost ownership.
(ii) Company’s Ownership of Service.
You acknowledge and agree that, except as expressly set forth above with respect to an NFT purchased by you, we (or, as applicable, our licensors) own all elements of the Service and all intellectual property rights therein (including, without limitation, all art, design, systems, methods, information, computer code, software, services, “look and feel,” organization, compilation of the content, code, data, and all other elements of the Service; collectively, the “Service Materials”)). You acknowledge that the Service Materials are protected by copyright, trade dress, patent and trademark laws, international conventions, other relevant intellectual property and other proprietary rights, and applicable laws. All Service Materials are the property of us or our licensors, and all trademarks, service marks and trade names associated with the Service or otherwise contained in the Service Materials are proprietary to us or our licensors.
(iii) User License or Ownership of Service Materials.
Except as expressly set forth herein, your use of the Service does not grant you ownership of or any other rights with respect to any content, code, data or other Service Materials that you may access through the Service. We reserve all rights in and to the Service Materials that are not expressly granted to you in these Terms.
(iv) Further User Ownership Acknowledgements.
For the sake of clarity, you understand and agree that:
(a) Your purchase of an NFT does not give you any rights or licenses in or to the Service Materials (including copyright or other intellectual property rights in relevant technical fields) other than those expressly contained in these Terms;
(b) You do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute or otherwise commercialize any elements of the Service Materials (including, without limitation, any Art) without our prior written consent; and
(c) You will not apply for, register, or otherwise use or attempt to use any of our trademarks, service marks, or any confusingly similar marks anywhere in the world without (in each case) our prior written consent.
(v) User License to Art.
Subject to your continued compliance with these Terms, in the case of an NFT purchased from us, we grant you a worldwide, non-exclusive, non-transferable (except in connection with the acquisition of a Purchased NFT by a subsequent buyer of such NFT from you), royalty-free (except as otherwise set forth in these Terms or in the listing details for a particular Purchased NFT) license to use and display the Art associated with such Purchased NFT, solely for the following purposes:
(a) For your own personal, non-commercial use;
(b) To utilize the DOSI Store, which permits the purchase and sale of your Purchased NFTs; or
(c) As part of a third-party website or application that permits the inclusion, involvement or participation of your Purchased NFT for a lawful purpose, provided that (i) only the actual owner of the Purchased NFT displays the associated Art and (ii) the Art is no longer visible once the owner of the Purchased NFT with which the Art is associated leaves such site.
The terms of the license to Art associated with an NFT purchased from a B2C Seller will be consistent with (and no more restrictive than) the foregoing in principle, but may be modified or restricted by such B2C Seller as set forth in the details regarding the listing for the relevant Purchased NFT.
The terms of the license to Art associated with an NFT purchased in a User-to-User Transaction may differ from the foregoing. However, unless otherwise expressly set forth in the listing details for a particular Purchased NFT or in transaction terms otherwise imposed by the relevant selling User, a User that registers an NFT acquired through the Service for User-to-User (C2C) sales must ensure that the purchasing User receives a license to the Art associated with the Purchased NFT that at least includes (and is no more restrictive than) the rights set forth above. A User that purchases an NFT in a User-to-User Transaction acknowledges that it will not receive rights in the Art associated with the Purchased NFT that exceed the rights held by the selling User.
(vi) Restrictions on Ownership.
You agree that you may not, nor permit any third party to, do or attempt to do any of the following without our (and, as applicable, the relevant B2C Seller’s) express prior written consent:
(a) Modifying the Art associated with your Purchased NFT in any manner (including, without limitation, the shapes, designs, drawings, attributes or color schemes);
(b) Using the Art associated with your Purchased NFT to advertise, market or sell any third-party product or service;
(c) Using the Art associated with your Purchased NFT in connection with images, videos or other forms of media that depict or promote hatred, intolerance, violence, cruelty or anything else that could reasonably be found to constitute or promote hate speech or otherwise infringe upon the rights of others;
(d) Using the Art associated with your Purchased NFT in movies, videos or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms (or, if applicable in connection with a User-to-User Transaction, such other or additional terms as may be imposed by the seller) or solely for your own personal, non-commercial use;
(e) Attempting to trademark, copyright or otherwise acquire additional intellectual property rights in or to the Art associated with your Purchased NFT; or
(f) Otherwise utilizing the Art associated with your Purchased NFT for your or any third party’s commercial benefit.
(vii) Third Party IP.
If the Art associated with your Purchased NFT contains any Third Party IP (e.g., intellectual property licensed from a Third Party IP holder), you understand and agree as follows:
(a) You will not have the right to use such Third Party IP in any way except as incorporated in these Terms and/or in the relevant listing details, and this is subject to change in accordance with the license and restrictions contained herein (including, as applicable, as such license and restrictions are updated, modified or supplemented from time to time).
(b) Depending on the nature of the license granted by the owner of the Third Party IP, we may impose additional restrictions on your ability to use the Art associated with your Purchased NFT.
(c) To the extent that such restrictions are included in the relevant listing details or we otherwise inform you of such additional restrictions in writing, you will be responsible for complying with all such restrictions from the date that you receive the notice, and failure to do so will be deemed a breach by you of the license contained in this Article 7.
(viii) Other Terms of License.
The Company uses its good faith efforts to secure or verify the relevant intellectual property rights with respect to the Art associated with Purchased NFTs sold by it or sold by or on behalf of a B2C Seller. Nevertheless, there are many reasons that Art associated with a Purchased NFT can become delinked or disassociated from the NFT. For example, an agreement between an owner or licensor of the intellectual property rights to the Art associated with a Purchased NFT and us or the relevant B2C Seller can expire, the relevant intellectual property rights can be changed or forfeited due to other causes (such as the transfer of copyrights or other intellectual property rights held by the original holder to another party), or the relevant cloud or other storage system for such Art can cease to exist or experience technical or other problems, any of which could result in the Art becoming delinked or disassociated from the Purchased NFT. The Company does not provide any assurances of permanent linkage or association, and the Company expressly disclaims (and under no circumstances shall assume) any liabilities in connection with any event that causes or results in such a delinking or disassociation in respect of an NFT sold on the Site unless such event is found to be directly attributable to bad faith on the part of the Company. The license granted in Article 7(v) above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, swap, donate, give away, transfer or otherwise dispose of your Purchased NFT for any reason, the license granted in Article 7(v) to you will immediately expire with respect to that NFT and the Art associated with such NFT without the requirement of any notice, and you will have no further rights in or to that NFT or its associated Art. However, the restrictions in Articles 7(vii) and 7(viii) will survive any such expiration or termination of these Terms.
(ix) Intellectual Property Right Infringement Claims
The Company may remove, suspend and/or delist NFTs in cases where the associated Art is the subject of a Digital Millennium Copyright Act takedown notice and/or other intellectual property infringement claim and may terminate an infringing User’s access to the Service (in the Company’s sole discretion), including, without limitation, in circumstances where the User is a repeat infringer.
If you believe that your Art or other content has been copied or used in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit a claim at https://contact.dosi.world/. In order for us to process your infringement claim regarding content on the Service, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. Your notice must include: (i) identification of the copyrighted work(s), trademark, publicity rights or intellectual property rights that you claim are being infringed; (ii) identification of the allegedly infringing material that is requested to be removed (including sufficient detail that permits us to locate such material on the Service); (iii) your contact information (which shall include, at a minimum, your full legal name and email address); (iv) a declaration that (1) you have a good faith belief that use of the Art or other material in the manner complained of is not authorized by the intellectual property rights owner, its agent or the law, (2) the information in your notice is accurate, and (3) under penalty of perjury, you confirm that you are the intellectual property owner, or otherwise are authorized to act on behalf of the intellectual property owner, of the intellectual property that is alleged to be infringed; and (v) your physical or electronic signature (of your full legal name). Please note that we may forward your notice of intellectual property infringement, including your contact information, to the User who will have their content removed so they understand why it is no longer available on the Service and can contact you, as appropriate or desired, to attempt to resolve any dispute.
8. Conditions of Use and Prohibited Activities
You agree that you are responsible for your own conduct and any consequences thereof while accessing or using the Service. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.
(i) User Warranties.
Without limiting the foregoing, you warrant and agree that your use of the Service will not:
(a) in any manner involve:
(1) sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, manipulative, obscene or otherwise objectionable content (which may include (but will not be limited to) sexual exploitation against children or adults or other pornographic material), promote suicide or self-injury or encourage hatred or violence against other persons, animals, businesses or property;
(2) distributing any viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature;
(3) uploading, posting, transmitting or otherwise making available through the Service any content that infringes the intellectual property rights of any party;
(4) using the Service to violate or infringe the legal rights (such as rights of privacy and publicity and other intellectual property rights) of others in any other manner;
(5) engaging in, promoting or encouraging illegal activity (including, without limitation, money laundering, terrorist financing or other illicit financial activity);
(6) interfering with other Users’ enjoyment of the Service;
(7) using or exploiting the Service for any unauthorized commercial purpose;
(8) modifying, adapting, translating or reverse engineering any portion of the Service;
(9) removing any copyright, trademark, other intellectual property or other proprietary rights notices contained in or on the Service or any part of it;
(10) reformatting any portion of the Service;
(11) displaying on the Service any hate-related or violent content or any other content containing any materials, products or services that violate or encourage violation of any criminal laws, other applicable laws or any third-party rights;
(12) using any spider, site search/retrieval application or other device to retrieve or index any portion of the Service or the content posted on the Service, or to collect information about its users for any unauthorized purpose;
(13) accessing or using the Service for the purpose of creating a product or service that is competitive with any of our products or services;
(14) abusing, harassing or threatening another user of the Service or any of our authorized representatives, customer service personnel, chat board moderators or volunteers (including, without limitation, filing support tickets with false information, sending excessive emails or support tickets, obstructing our employees from doing their jobs, refusing to follow the instructions of our employees, or publicly disparaging us by implying favoritism by our employees or otherwise);
(15) using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Service or any of our authorized representatives, customer service personnel, chat board moderators or volunteers;
(16) using the Service to send, upload, distribute, disseminate, sell or offer to sell NFTs that are, or may be deemed to be, securities, instruments redeemable for securities or other financial instruments, or any other type of financial instrument that is subject to registration or licensing under the laws of the United States or any other applicable jurisdiction, including NFTs that provide ownership or profit sharing rights or distributions in respect of a corporate or other entity, joint venture, investment fund, or other pool of assets, as well as fractionalized NFTs that represent divided or fractional ownership in a single NFT (except for fractionalized NFTs that have been distributed or sold by and are expressly supported by the Company);
(17) using the Service to send, upload, distribute, disseminate, sell or offer to sell NFTs that are used in, promote or provide access to gambling activities (such as lotteries, online casinos and/or land-based gambling facilities, whether such activities are legal or illegal under applicable laws); or
(18) engaging in any User-to-User Transactions via the Service by an individual seller or others who are mail order sellers.
(each, a “Category A Prohibited Activity”);
(b) in any manner involve:
(1) creating user accounts by automated means or under false or fraudulent pretenses;
(2) impersonating another person (via the use of an email address or otherwise) or improperly claiming to be acting for, or authorized to act for, any entity or organization;
(3) using, operating or creating a computer program to simulate the human behavior of a user (“Bot”);
(4) using or operating Bots or other similar forms of automation to engage in any activity or transaction on the Service (including, without limitation, purchases of NFTs on the Service);
(5) acquiring NFTs through inappropriate or illegal means (including, among other things, using a stolen credit card or a payment mechanism that you do not have the right to use, or purchasing an NFT and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT);
(6) purchasing, selling or facilitating the purchase and sale of any User account(s) to other Users or third parties for cash, cryptocurrency or other consideration outside of the Service; or
(7) involving or resulting in the wrongful seizure or receipt of any NFT or other digital assets
(each, a “Category B Prohibited Activity” and, together with Category A Prohibited Activities, the “Prohibited Activities”).
(ii) Effect of Your Breaches.
If you engage in any of the Prohibited Activities, we may, in our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity or under these Terms, immediately suspend or terminate your user account and/or delete your NFTs’ images and descriptions from the Service. If we delete your NFTs’ images and descriptions from the Service, such deletion will not affect your ownership rights in any NFTs that you already Own, but you will not be permitted to request or receive a refund of any amounts you paid for those NFTs. In addition, subject to requirements of applicable laws, the Company reserves the right to transfer, take possession of, attach, detach, burn (or otherwise destroy) or remit to relevant governmental authorities in your jurisdiction of residence (as and if required) all or any portion of your NFTs on a compulsory basis.
Notwithstanding the foregoing, however, and without limiting or conditioning other rights of the Company under these Terms, if we reasonably believe that you are engaged or have engaged in any of the Category B Prohibited Activities, in addition to our right to immediately suspend or terminate your user account and/or delete your NFTs’ images and descriptions from the Service and/or take such other actions as are permitted at law or in equity, we also reserve the right, at our sole and absolute discretion, without notice or liability to you, to take any or all of the following actions: (A) to deem any transaction that took place via or as the result of such activities to be null and void; and/or (B) to immediately confiscate any NFTs that were purchased or acquired as the result of such activities.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE; (IV) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SERVICE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE SERVICE, OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED WALLET FILES; OR (IV) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE AND THE RELEVANT BLOCKCHAIN NETWORK.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE RELEVANT BLOCKCHAIN NETWORK, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN FUND OR ASSET LOSSES.
10. Limitation of Liabilities
YOU UNDERSTAND AND AGREE THAT WE, OUR PARENT COMPANY, SUBSIDIARIES, OTHER AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNTS YOU HAVE ACTUALLY AND LAWFULLY PAID US UNDER THESE TERMS IN THE TWO (2) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
11. Assumption of Risks
(i) Value and Volatility.
The prices of collectible blockchain assets, including NFTs, are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets and equities and other non-digital assets could materially and adversely affect the value of your NFTs. We cannot guarantee that any NFTs purchased will retain their original value or any minimum value, as the value of collectibles is inherently subjective and factors occurring outside of the Service may materially impact the value and desirability of any particular NFT. There is a possibility that any NFT acquired through the Service will lose part or all of its value.
(ii) Tax Calculations.
You are solely responsible for determining what, if any, Taxes apply to your NFT-related transactions. We are not responsible for determining the Taxes that apply to your transactions on the Service.
(iii) Use of Blockchain.
The Service does not store, send or receive NFTs. We provide functions that enable the Users to deposit, store, check and administer their NFTs purchased via the Service or otherwise received, by a DOSI Wallet. This is because NFTs exist only by virtue of the ownership record maintained on the Service’s supporting blockchain in the Line Blockchain Network. Any transfer of NFTs occurs within the Line Blockchain Network, and not on the Service.
(iv) Inherent Risks with Digital or Other Internet-Based Currency or Assets.
You understand and agree that there are risks associated with using an Internet-based currency or asset, including, but not limited to, the risk of hardware failure, software corruption and Internet connection interruption or failure, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to the stored information. You accept and acknowledge that we will not be responsible for any communication, system or other failures, disruptions, errors, malicious attacks, hardware or software failure or corruption, distortions, delays or other similar events you may experience when using the Service, your electronic wallet and any blockchain network.
(v) Regulatory Uncertainty.
The regulatory regime governing blockchain technologies, cryptocurrencies and NFTs is uncertain, and new regulations or policies may materially adversely affect the development of the Service and hence the potential utility or value of your NFTs or other assets.
(vi) Software Risks.
An upgrade to the relevant blockchain network, a hard fork in the relevant blockchain network, or a change in how transactions are confirmed on the relevant blockchain network may have unintended, adverse effects on your NFTs or other assets.
(vii) Risks Underlying the Popularity of Blockchain Ecosystem.
A decrease in the level of use or public interest in the creation and development of blockchain networks may have adverse impacts on the development of the applicable ecosystem and related application programs, and further have negative influences on the potential usefulness or value of your NFTs or other assets.
(viii) Risks Underlying Seller Dependency.
Sellers of NFTs are responsible for assuring that the rights to creation of NFTs associated with linked content that is subject to copyright protections or other underlying intellectual property rights, and the sale of such NFTs and collection of revenues in connection with such sale, does not infringe upon the intellectual property or other rights of the original creators of such content or other owners of such rights, as applicable. A failure of a seller to adequately secure and maintain the rights necessary to make such assurances may trigger disputes relating to the underlying content associated with an NFT (such as a third-party claim as to infringement of intellectual property rights). Except as otherwise expressly set forth in these Terms, the Company does not bear (and expressly disclaims) any liability in respect of any such claims.
If any NFT is subject to such a dispute, a User that has the purchased such NFT may not be able to access its purchased NFT or access or view the associated content on the Site, either temporarily pending investigation and resolution or permanently. Except as otherwise expressly set forth in these Terms, the Company does not bear (and expressly disclaims) any liability for losses to such User arising from such temporary or permanent inability to access such NFT or access or view the associated content.
You agree to hold harmless and indemnify us and our parent company, subsidiaries, other affiliates, officers, agents, employees, representatives, advertisers, licensors, suppliers, business partners or other service providers from and against any claim, demand, action, liability, loss, damage (actual and consequential) of any kind or nature, lawsuit, judgment, litigation cost and attorneys’ fees incurred as a result of or in relation to:
(i) Your breach of these Terms;
(i) Your breach of these Terms;
(ii) Your use or misuse of the Service, or your conduct in connection with the use or misuse of the Service;
(iii) Your violation of applicable laws, rules or regulations, or of the rights (including intellectual property rights) of any person, in connection with your access to or use of the Service; or
(iv) Your negligence, fraud, willful misconduct or misrepresentations.
If you are obligated to indemnify us, you agree that we will have control of the defense or settlement of any such claims made by a third party.
13. External Sites
The Service may include hyperlinks to other websites or resources (the “External Sites”), which are provided solely as a convenience to our Users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability, legality or content of any External Sites, and that we do not endorse any advertising, products or other materials made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of any External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertisements, products or other materials on, or made available from, any External Sites.
14. Force Majeure
The term “Force Majeure Event” means: (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics (including the 2019 novel coronavirus (COVID-19) pandemic), tsunami or other natural disaster; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our reasonable control.
(ii) The Company is not liable for any Service failure or delay caused by any Force Majeure Event.
(iii) Service Performance during Force Majeure Events
If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will also use diligent efforts to attempt to end the failure or delay and to mitigate the effects of such Force Majeure Event. We will resume the performance of our obligations as soon as reasonably practicable after the cessation of such Force Majeure Event.
15. Change of the Service
We may regularly update the Service to help provide the best possible experience. You acknowledge and agree that the form, nature and any part of the Service may change from time to time without prior notice, and that we may add new features and change any part of the Service at any time without prior notice.
16. User Age
Only those who are at least fully 19 years of age are recognized as Users, and the Service is not provided to children under fully 19 years of age. We do not knowingly collect information from or direct any of our content specifically to minors without consent of their parents, guardians or other statutory representatives. If we learn or have reason to suspect that you are a User under fully 19 years of age, we may restrict your assets and rights related to the use of the Service, including your user account.
17. Dispute Resolution
These Terms, and any claim or dispute arising out of or in connection with the subject matter of these Terms, shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws (except to the extent governed by U.S. federal law).
You agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in the County of Santa Clara within the State of California to determine any dispute or claim arising out of or in connection with the Service or these Terms or their subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim). YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY DISPUTE OR PROCEEDING ARISING OUT OF THESE TERMS OR RELATING TO THE SERVICE.
You agree that regardless of any statute, regulation or law to the contrary, to the maximum extent permitted under applicable laws, any claim or cause of action that you bring arising out of or related to your use of the Site and/or the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
Any failure or delay by the Company to exercise any right, privilege or power under these Terms shall not operate as a waiver thereof. These Terms shall not be construed to waive any rights that cannot be waived under applicable laws.
(ii) When there is a dispute between Users during the course of any User-to-User Transactions, and such dispute results in a request from a court or dispute resolution or mediation agencies under applicable laws and regulations, the Company may submit requested User information and data in accordance with applicable U.S. laws, laws of the applicable Users’ jurisdiction and (to the extent not inconsistent with such applicable laws) the Company’s internal policies.
19. Preferred Communication Methods
By creating an account for the Service, you hereby agree to the on-line communications made from the Service (e.g., via e-mails, push notices, text messages or other types of messages). The above communication may include the notices given to your account (such as transaction information) and constitute a part of your relationship with the Company. In addition, any promotional communications which might be of interest to you may also be sent via e-mail. You understand that you are not required to provide this consent as a condition to use the Service and that you are entitled to reject such communications in accordance with the prescribed consent withdrawal guidelines (with the possible exceptions of important service notices and administration messages).
20. Independent Relationship; No Broker or Agent
The Company is an independent contractor, and nothing in the nature of the Service or any provisions in these Terms shall be deemed, or cause, or is intended to cause a User and the Company to be treated as partners, joint venturers, or as an agent of the other party. The Company is not a User’s broker, intermediary, agent, or financial advisor, and the Company has no fiduciary obligation to a User in connection with any transactions, or other acts or omissions of the User with respect to the Service. For the avoidance of doubt, the Company is not providing investment advice, tax advice, legal advice, or other professional advice, whether through the Service or otherwise. The Company does not recommend or endorse that you purchase or sell any NFT or that you make any investment or enter into any trade or transaction.
The invalidity of unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provisions, all of which shall remain in full force and effect.
These Terms are presented in the English language. Any translation of these Terms are for your convenience, and any meanings of terms, conditions, or representations are subject to the definitions and interpretation of the English language.
1. Enforcement Date
These Terms of Service shall take effect on September 13, 2022. Article 4(ii)(b), Article 4(vi) through (vii), Article 4(viii)(b), Article 5(ii), Article 8(i)(a)(18) and Article 18(ii) shall enter into force when My NFT and C2C transaction services are provided on this Site.