Creator Terms

These Terms and Conditions ("Terms") are established by OVERDARE Inc., a United States corporation ("Company" or "We"), in conjunction with the terms of the OVERDARE app, and define the rights, obligations, and responsibilities of the user ("User" or "You") when accessing, using, or purchasing User Generated Content (UGC) on the Company's creative website, Creator Hub, and the creative tool, OVERDARE Studio (collectively "Services"), along with the use of other related services.

1. Important Notices

(a) If you (i) do not agree to these terms, (ii) are under 13 years of age, or (iii) are prohibited from accessing or using this Service or the content, products, or services of this Service under applicable law, you may not access or use the Service.

These Terms contain important information about your rights and obligations, applicable conditions, restrictions, and exceptions, so you must carefully read and understand them before you agree. By clicking "agree" or "accept," or by using the Service, you agree to be legally bound by these Terms, and you consent to the collection, use, disclosure, and other processing of information as set out in the Privacy Policy.

(b) By using this Service, you confirm that you have reached the legal age to enter into these Terms, and you agree to be bound by these Terms. If you use this Service on behalf of any legal entity, you confirm that the legal entity has the legal authority to be bound by these Terms. If you do not have such authority, do not agree to these Terms, or the legal entity does not respond to any additional information requests by the Company about itself or people associated with it, the legal entity may not access or use this Service.

(c) All changes to these Terms apply from the Effective Date stated on this page. Users must review these Terms (and any changes) before using the Service. Continued use indicates acceptance. If you continue to use this Service after the Effective Date, you are deemed to have agreed to the changes to these Terms.

(d) If you want to stop using our Services and delete your related account, you may do so within the Service.

2. Permissible Age

The Service is intended for users aged 13 and over. All users who are minors in their jurisdiction (typically under 18) must obtain permission from and be directly supervised by a parent or legal guardian.

3. Account Setup

(a) The OVERDARE Creator Hub service allows you to register using your Google or Apple ID and integrates with your App account.

(b) Wallet Setup and Use:

- To engage in creative activities within the OVERDARE Creator Hub, you must link and use an electronic wallet approved by the service.

- You may use an existing MetaMask wallet or establish and link a new OVERDARE Wallet, provided by Circle. Creators may register up to three wallets, and once a wallet is registered, it cannot be unlinked.

- Creators can designate one wallet as their default wallet. If no default is specified, NFTs will be minted to the first wallet registered.

Wallet Features:

- The wallet enables you to store, manage, and transact digital assets, including NFTs and cryptocurrencies.

- You can mint NFTs, purchase content, and receive assets directly into your linked wallet.

Third-Party Wallet Fees:

- Blockchain transactions may incur network fees (e.g., gas fees), which are not controlled by the Company.

- It is your responsibility to ensure sufficient funds are available to cover these fees.

Wallet Security:

- The wallet is non-custodial, meaning you retain full control over private keys and recovery phrases.

- The Company does not store passwords or recovery phrases. If you lose this information, the Company is not liable for recovery or assistance.

Acknowledgment of Wallet Risks:

- Transactions are irreversible once processed on the blockchain.

- Digital assets are subject to volatility, cybersecurity risks, and potential loss. the Company is not responsible for such risks.

- By using the wallet, you acknowledge that all risks associated with digital asset transactions, including any related loss or damages, are solely your responsibility.

(c) Unauthorized Access or Use: You must notify us immediately if you suspect unauthorized use or access to your account or wallet. You are solely responsible for all activity conducted through your account, and you assume all risks arising from unauthorized access to your wallet.

(d) Regional Restrictions: The Service is not available in all regions. The Company may prohibit the use of the Service in certain areas and may implement measures to restrict access where its use is prohibited or limited. Users must comply with such restrictions.

(e) Accurate Account Information: You must provide accurate and complete account information as required by the Service. The Company reserves the right to reclaim accounts deemed necessary.

(f) Account Security: You are responsible for maintaining the security of your account. If you become aware of any unauthorized use, you must immediately notify the Company via https://overdare.com/support/inquiry.

4. UGC

4.1 UGC Restrictions

(a) All User Generated Content that you upload to the Service (“UGC"), must comply with the Creator Hub Review Guidelines and be suitable for users aged 13 and over. UGC that is not suitable for users under 13 years of age may be permanently restricted at the discretion of OVERDARE.

(b) You acknowledge and agree that, before uploading UGC to the Service, Company has the right to review them for potential purchase and use by other users. As long as it does not infringe on other rights under these Terms (including indemnity to you), we may request that you appropriately modify or amend the UGC you have submitted if we determine, at our sole discretion, that it does not comply with our Creator Hub Review Guidelines, relevant laws and regulations, and/or these Terms.

(c) We reserve the right to refuse or remove UGC from the Service at any time, either because you have violated our Terms or related guidelines, or for any other reason in our sole discretion. Specifically, if a submitted UGC is found to infringe upon intellectual property rights or other third-party rights. (“Third-party IP Rights”), or if a third party provides reasonable evidence claiming that their Third-party IP Rights have been infringed, we may refuse registration or remove it from the Service.

(d) You retain the copyright and other intellectual property rights to the UGC. However, we own the copyright and other intellectual property rights to the software included in the Service, and OVERDARE’s other products, as well as all creative tools used in creating the UGC (including templates, extractors, plugins, APIs, SDKs, etc.).

(e) If you create a UGC using the creative tools or elements provided by us and submit it to the Services, notwithstanding these Terms, if you intend to commercially utilize such UGC outside of the Service, you must follow the "OVERDARE User Generated Content (UGC) Utilization Guidelines" established by the Company.

(f) The Company retains the sole discretion to determine whether a UGC is permitted for use within the Service. UGC must not include pornography, threats, harassment, defamation, hate speech, harmful content, defamation, racial discrimination, xenophobia, content related to money laundering or gambling or content that promotes or facilitates such activities, or other illegal content.

4.2 Sale of UGC

(a) The intellectual property rights of the UGC you create belong to you, and a consignment relationship is established with the Company in relation to the sale of submitted UGC. The profits derived from the sale of UGC are processed in accordance with the provisions of the Payout section of these Terms. All UGC must comply with our technical requirements, and the Company does not guarantee the delivery of items and their purchase by users.

(b) The Company may provide sales information of the UGC ("UGC Sales Data"), which you can use to identify popular items and leverage for future creation. However, without written permission, it may not be used for commercial purposes. UGC Sales Data may not be provided to advertising networks, ad exchanges, data brokers, etc.

4.3 Removal of UGC

(a) You may request at any time through channels such as the Customer Service Center for us to prevent users from using your UGC on the Service (a “Deactivation Request”). In this case, your UGC will remain in the Service and in the media created by existing users, but it will no longer be provided to users through the Service after the deactivation request is processed and until there is a request for reactivation.

(b) Deactivation requests do not limit the rights of the Company or users in relation to your items that have been previously created and included in user content, in accordance with these Terms. In addition, the Company has no obligation to remove the deactivated content, nor is it obligated to request users to delete such content.

4.4 Limitations on UGC Ownership

You may not engage or attempt to engage in the following actions without our explicit prior written consent, nor should you permit third parties to perform or attempt such actions:

(a) Modify the underlying content (including forms, designs, drawings, attributes, color schemes, etc.) related to the purchased UGC.

(b) Use the underling content related to the purchased UGC to advertise, market, or sell third-party products or this service.

(c) Utilize the underlying content related to the purchased UGC in a manner that constitutes or encourages expressions of hate, bias, violence, cruelty, hostility, or illegal activities or infringes upon the rights of others in relation to reasonably perceived media such as images or videos.

(d) Use the underlying content related to the purchased UGC beyond the limited scope explicitly permitted by these Terms or your personal and non-commercial purposes, in films, videos, or other forms of media.

(e) Attempt to acquire trademark rights, copyrights, or other intellectual property rights over the Asset related to the purchased UGC.

(f) Use the artwork related to the purchased UGC in any way for your own or a third party's commercial benefit.

5. Intellectual Property Infringement Claims

In case an underlying content related to the UGC becomes the subject of a notice under the Digital Millennium Copyright Act (DMCA) or other intellectual property infringement claims, the Company may remove, suspend, or delete the underlying content related to the UGC and, at its sole discretion, block the access to this service of the infringing user, including repeat infringers.

If you believe that your UGC is being reproduced or used in a way that infringes your copyright or trademark, or violates your publicity or other intellectual property rights, please raise an objection through https://overdare.com/support/inquiry. In order for the Company to process your objection to your content, you must be the copyright owner or have the authority to represent them. Your objection should include the following:

(a) Identification information of the infringed work(s), trademark, publicity right, or intellectual property,

(b) Identification information of the material alleged to infringe (including detailed information for the Company to locate the material),

(d) A statement that you in good faith believe (1) the use of the Asset or other materials in the objected manner has not been authorized by the intellectual property owner, its agent, or the law, and (2) the information contained in your objection is accurate, and (3) under penalty of perjury, that you are the owner of the allegedly infringed intellectual property, or have the authority to act on their behalf,

(e) Your actual or electronic signature (your name). The Company may provide your objection (including your contact details) to the user from whom the content is being removed, so that they can contact you for dispute resolution.

6. Grant of Permissions to Us

(a) You hereby unconditionally grant and consent to a non-exclusive, irrevocable, royalty-free, worldwide license to us to store, use, copy, cache, encode, store, playback, record, sell, sublicense, distribute, transmit, broadcast, sync, edit, modify, publicly display, publish, and reproduce the UGC in ways that may be utilized in our Services and marketing and promotion of the same. In addition, you grant the right to use in the same manner for derivative works based on or related to the UGC.

(b) Marketing and promotions may encompass a variety of activities, including all currently known formats, means, media, technologies, and devices, as well as those that will be developed in the future. You also agree that we may not acknowledge your name when using your UGC in the above manner. This license includes permission for us to allow use of your UGC to the users of this Service and third-party services, and also allows these users the right to share and store the UGC. Furthermore, for limited purposes of advertising, marketing, and service promotion, it can be used without your notification and without time restrictions.

(c) If you include in the UGC any other materials such as your name or the name of a third party, trademarks, images, visual works, musical works, lyrics, sound effects, recordings, choreographic works (collectively referred to as "Additional Elements"), you agree that the above license applies to all Additional Elements.

(d) You acknowledge and agree that third parties may utilize the UGC in ways or for purposes beyond your anticipation. Such utilization is considered User Generated Content (UGC), for which we are not responsible. You agree that we shall not be held liable for any claims or losses arising from such UGC, whether it involves the UGC or not, and whether these instances occur within or outside the Service.

OVERDARE has the right, but not the obligation, to monitor, modify, block, or delete UGC on our service at any time without notice or liability to you or any third party.

When you post UGC, you represent and warrant that (i) you own all rights to the UGC, (ii) the UGC is accurate and not fraudulent or deceptive, and (iii) the UGC does not violate these Terms, applicable law, or the rights of third parties (including intellectual property rights, privacy rights, and publicity rights), nor does it cause harm to any individual or entity.

(e) Except for the permitted settlements defined below under these Terms, you agree that we have no obligation to pay any remuneration or compensation to you or any third party for the Asset.

(f) You agree to grant us the right (although not the obligation) to display your submitted name, business name, item name, OVERDARE account username or display name, OVERDARE code, city, state, and country in connection with the Asset, publicly attributing ownership to you.

(g) You acknowledge and agree that a user who purchased UGC through the Service may continue to use them (including our own use as permitted by the user) even after their sale period has expired or the contractual relationship between you and us has ended. Also, when we wish to use a derivative work based on your item, you agree to grant a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to continue to use the item as part of that derivative work.

7. Ownership and Licensing

7.1 Company Ownership

The Company (or its licensors) owns all elements of the Service and all intellectual property rights contained therein. This includes art, design, systems, methods, information, computer codes, software, services, "look and feel," organization, content editing, codes, data, and other elements (collectively referred to as "Service Materials"). The Service Materials are protected by copyright, trade dress, patents, trademark laws, international conventions, and other relevant intellectual property rights and other proprietary rights. All materials of the Service are assets of the Company or the Company's licensors, and all trademarks, logos, and trade names associated with the service or included in the Service Materials are the exclusive property of the Company or the Company's licensors.

(a) OVERDARE IP

Interfaces, graphics, trademarks, designs, information, artwork, data, code, products, software, and all other elements of the services are protected by law and the OVERDARE Terms of Service. All OVERDARE IP is the property of OVERDARE and its licensors. OVERDARE IP includes all UGC that is licensed to OVERDARE by creators under the Creator Terms of Service. Except as permitted under the OVERDARE Terms of Service and any applicable additional terms, you may not use any OVERDARE IP included in the services unless you obtain separate permission from the owner for each instance. OVERDARE retains all rights in the OVERDARE IP that are not expressly granted elsewhere in the OVERDARE Terms or any additional terms.

(b) OVERDARE Studio

OVERDARE provides creators with free software tools ("Studio") that allow them to create, develop, modify, operate, and publish UGC within the service. OVERDARE owns and/or controls all rights to the Studio and all contents included within it. If the creator complies with these Creator Terms, OVERDARE grants the creator a non-exclusive, limited, revocable, non-sublicensable, and non-transferable license to use the Studio solely for the purpose of creating, developing, modifying, uploading, and publishing the creator's UGC on the service ("Studio License"). Creators may only use the Studio in a manner consistent with these Creator Terms.

"Template" generally provided by OVERDARE through the Creator Hub or Studio, serves as a starting point for creators to more easily generate UGC. OVERDARE owns or controls all rights to all templates and all elements contained therein, and provides them to creators under the Studio License. Creators may only use the templates in a manner consistent with these Creator Terms. The use of templates does not grant creators ownership rights in the templates.

(d) OVERDARE Original AVATAR

OVERDARE creates specific models, owns all intellectual property rights, and provides them to creators for use only within the OVERDARE service. Creators may not use the original avatar or its variations (including partial inclusions) outside the service. This regulation applies to the access of physical or digital goods, films, television programs, plays, books, other publications related to prizes or rewards (including licenses or sales). Creators confirm and warrant that they will not use them in such ways.

7.2 User License or Ownership of Service Materials

Unless explicitly stipulated in these Terms, no ownership or other rights to content, code, data, or other Service Materials accessible to you due to your use of the Service are granted. Unless expressly granted to you in these Terms, the Company retains all rights to the Service Materials.

7.3 Additional User Ownership Confirmation

(a) Unless stated in these Terms, you do not have the right to reproduce, distribute, or commercially use any element of the Service Materials without the prior written consent of the Company. This includes, but is not limited to, all artworks.

(b) You may not apply for, register, or attempt to use or use any Company's trademarks, service marks, or similar trademarks that may cause confusion anywhere in the world without the Company's prior written consent.

8. NFT Provisions

The Non-Fungible Tokens (NFTs) offered by OVERDARE are digital assets that tokenize the revenue rights of specific UGC (User Generated Content) such as costumes, created by creators. When specific UGC created by a creator is approved in the Creator Hub, an NFT is automatically issued to the linked wallet of the creator.

NFT owners have the right to generate revenue through their creations, but this does not extend to owning the copyright or ownership of the content; owning an NFT does not represent the full legal rights of the content. Owners who receive an NFT transfer retain the right to monetize the associated UGC as long as it does not violate OVERDARE's Terms of Service and Community Guidelines.

NFT owners can freely set the price and quantity for sale of the UGC that the NFT represents.

OVERDARE does not provide a direct marketplace service for NFT transactions, and is not responsible for any claims or damages that may arise from payments or transactions conducted through third-party platforms by NFT owners. All NFT transactions through third-party platforms must be conducted in accordance with the terms and conditions of the platforms supporting each transaction and should be approached with caution.

9. "Earned BLUC"

"Earned BLUC" refers to the digital currency that creators earn through their creative activities on the OVERDARE Creator Hub. This digital currency can be earned through the sale or management of user-generated content (UGC) within the OVERDARE service, such as costumes or world assets. Creators can use the "Earned BLUC" they earn from their works or content to exchange for real money or other virtual assets.

"Earned BLUC" must be obtained in a legitimate manner, adhering to the OVERDARE Creator terms of use and Community Guidelines. The "Earned BLUC" obtained by creators cannot be transferred, and must not be acquired or distributed in any manner not specified in the OVERDARE terms and guidelines. Additionally, any "Earned BLUC" obtained through illegitimate means will be invalidated, and such actions may result in the immediate suspension or termination of the creator’s account. These regulations ensure that transactions within the OVERDARE platform are conducted fairly and securely.

10. Payout and Taxes

10.1 Payout

Payout refers to the process of converting "Earned BLUC" earned through the OVERDARE platform into real currency or digital assets via a third-party platform (such as Stripe), or into the in-game currency BLUC.

Once a creator meets all the Payout eligibility requirements, OVERDARE has the sole discretion to decide whether to offer you a cash withdrawal option and how much you can receive through the Payout.

Please refer to the OVERDARE Creator Settlement Policy for detailed regulations regarding Payout.

10.2 Taxes

You are solely responsible for the full payment of all sales, usage, value-added, and other taxes, duties, and assessments (excluding taxes on the Company's net income) that may be claimed or imposed by government agencies in connection with your current or future use of the Service. With the exception of corporate taxes imposed on the Company, you are responsible for independently paying all taxes and assessments imposed by any country, federal, state, local, or other jurisdiction, including taxes and assessments imposed in accordance with international tax treaties, other import or export taxes, as well as any fees that may be levied based on the payments made or transactions conducted under this Service or this agreement, in addition to any amounts that may be imposed by the authority of a country, state, local, or other taxing jurisdiction.

You are responsible for accurately reporting and fully paying all taxes to the relevant tax authorities. The Company agrees that it does not determine the amount of tax you are required to pay or decide whether taxes will be imposed on your use of the Service, nor does it undertake the collection, reporting, or withholding of such taxes. However, the Company reserves the right to collect and remit sales taxes on user-to-user transactions, and individual users must cooperate with the Company by providing necessary assets, information, and forms as requested for the purpose of the Company's collection, reporting, and withholding. Additionally, the Company retains the authority to provide relevant information to tax authorities upon a duly submitted request or execute the collection, reporting, and withholding of taxes for tax purposes in any jurisdiction, regardless of whether such laws are currently effective or pending.

11. Prohibited Use

You agree not to violate any provisions of these Terms. Violation of any part of these Terms and conditions may result in the temporary or permanent suspension of your account created with us for the Service, or the suspension of access to the Service. Violating any part of these Terms may, in some cases, require the Company to conduct an investigation in accordance with these Terms (although the Company is not obligated to do so or to monitor access to or use of the Service). You agree to use the Service, or any part thereof, only in a manner consistent with these Terms, and you shall not perform, attempt to perform, or assist others in performing the following:

(a) Use of the Service with unauthorized software, applications, services, or devices associated with unapproved electronic wallets. Such use may be illegal, invalidate warranties, and violate these Terms.

(b) Except as expressly permitted by the Company in writing or when the Service is being used as intended, use of the Service in an improper configuration including but not limited to, as part of a network, in a multi-user configuration, remote access configuration, or other online usage.

(c) Sell, rent, lease, license, distribute, upload to an internet server or other website, or otherwise transfer or create derivative works of any portion or copy of the Service (in whole or in part) without the Company's prior written consent. Access, scraping, or search of the Service using any other engine, software, tool, agent, device, or mechanism (including but not limited to spiders, robots, crawlers, data mining tools, or similar) other than generally available third-party web browsers or software provided by the Company is strictly prohibited.

(d) Derive, modify, decompile, disassemble the source code of the Service or create derivative works (in whole or in part), or infringe any patent, trademark, copyright, or other proprietary rights of such items except to the extent expressly permitted by applicable law. In such cases, any lawful modifications, adaptations, improvements, etc., and all copyrights therein shall be assigned to and shall remain the exclusive property of the Company or its licensors, and all moral rights (including the right to be identified as the author of the work and the right to object to derogatory treatment of the work) shall be deemed waived (meaning that you cannot enforce moral rights).

(e) Remove, disable, circumvent, tamper with, or bypass any security measures or technical means that control access to the Service or exploit vulnerabilities in the Company's systems or networks, scan, test, or violate security or authentication measures.

(f) Upload, modify, share, display, or post any information containing software viruses or other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of software or device resources.

(g) Remove, modify, deface, or bypass any proprietary notice or label included within the Service or internal to the Service.

(h) Export or re-export the Service or any copies or adaptations thereof in violation of applicable laws or regulations.

(i) Generate data or executable programs that mimic the data or functionality of the Service.

(j) Impersonate or post another person's information (including but not limited to personal information or personal data, non-personal information, and payment information) without necessary consent or license.

(k) Engage in impersonation of any person, including but not limited to the Company, its affiliates, service providers, or licensors.

(l) Engage in actions that damage the reputation of the Company, its affiliates, service providers, or the reputation of the app or Service.

(m) Post, upload, share, display, or publish content that is illegal, invasive of privacy, harmful, threatening, abusive, harassing, defamatory, slanderous, obscene, vulgar, sexually explicit, pedophilic, libelous, racially or ethnically offensive, or content related to money laundering or gambling or content that promotes or facilitates such activities.

(n) Exploit, manipulate, or take advantage of the Company or others by exploiting, deceiving, or misleading in accordance with the Company's sole discretion.

(o) Use the Service in a manner that has an illegal effect or negatively impacts the provision, delivery, or support of the Service (in whole or in part) in any way.

Your use and access to the Services is further conditioned upon your ongoing compliance with the following prohibitions:

(p) Do not exploit errors or bugs discovered during the use of the Service.

(q) Do not engage in activities that violate applicable laws, rules, or regulations regarding the use of the Service.

(r) Do not use the Service for any purpose that exceeds the intended use of the Service, as determined by the Company at its sole discretion. This includes manipulating or using the Service to access or use private areas of the Service, the Company's or its supplier's computer systems, or technical delivery systems.

(s) Do not use offensive words, symbols, or other communications (at the sole discretion of the Company, considering the context) that may cause discomfort based on race, gender, nationality, etc. to other individuals or violate the applicable Code of Conduct.

(t) Do not create usernames that may provoke negative images or offensive images.

(u) Do not upload, modify, share, display, or post harmful information to minors.

(v) Do not access the app or Service using someone else's account.

(w) Do not use IP proxies or other means to disguise the location or device used for the use of the Service in order to circumvent the geographical restrictions on the use of the Service or to violate these Terms.

(x) Do not upload, post, transmit, or otherwise provide or engage in any conduct that infringes intellectual property rights, including uploading, posting, transmitting, or providing content that infringes copyrights or other legal rights (such as privacy and publicity rights) through the Service or in any other manner.

(y) Do not use the Service for gambling activities (e.g., lotteries, online casinos, or land-based gambling facilities, irrespective of whether such activities are legal or illegal under applicable laws) or transmit, upload, distribute, disseminate, sell, or offer for sale UGC to promote or provide access to such activities.

(z) Do not use, display, mirror, or frame individual elements within the Service, including our official website, documentation, or other content related to the Service, without our explicit written consent, including the names, trademarks, logos, or other proprietary information of the Company, our affiliates, service providers, or licensors.

(aa) Do not encourage or enable any other person to engage in any of the activities mentioned above.

Any action not defined in these Terms that negatively impacts the provision of the Service or has a negative impact on other players may result in warnings and penalties, including the termination of the license granted hereunder. Furthermore, without prejudice to the limitations of other rights or remedies under applicable law or equity law or these Terms and Conditions, if the Company reasonably determines that you have engaged in Category B prohibited conduct, whether currently or in the past, the Company may immediately suspend or terminate your user account.

Notwithstanding the foregoing, you agree to comply with any safety information, security guidelines, mandatory updates, or other relevant notices included in the official website, documentation, or other related content of the Service.

12. Disclaimer

The Service is provided "as is" and "as available." The Wallet is provided utilising third-party technology service provided by Circle. The Company does not guarantee the functionality, security, or continued availability of Wallet’s services and is not liable for any issues arising from your use of these Services, including but not limited to loss of assets or interruptions in Wallet’s access. Refer to the full disclaimer section for details.

The Company is not responsible for the following:

(a) Interruption, use, or termination of the Service due to user actions or errors;

(b) Actions by telecommunication providers that result in the discontinuation or non-provision of communication services;

(c) Unavoidable circumstances such as maintenance, replacement, regular inspections, construction, or other factors causing disruptions in the Service;

(d) Issues caused by the user's device or problems related to the network environment;

(e) Information, data, facts, reliability, accuracy, quality, or other aspects of the content posted or transmitted by users or third parties on the Service or the Company's official website;

(f) Interactions with other users or third parties when using the Service (the Company may attempt to mediate disputes between users at its sole discretion, but it is not obligated to intervene or assume any responsibility for such disputes);

(g) Anything that is the responsibility of a third party (unless under the direction and control of the Company);

(h) Any losses related to the selection or use of the Service, especially if the user did not achieve the expected results for in-app items;

(i) Loss of user assets within the app (e.g., in-app currency or in-app items);

(j) Restrictions on user's use of the Service by the Company in accordance with Company’s determination and policies, applicable laws or government policies;

(k) User errors, such as forgotten passwords;

(l) Server failures or data loss;

(m) Damaged wallet files; or

(n) Any damages incurred by the user or third parties as a result of or relating to the unauthorized access to unauthorized activities by third parties, including viruses, phishing, or brute-force attacks on the Service and related networks, including but not limited to unauthorized access or unauthorized activities on your Service or e-wallet. The Company does not make any guarantees or promises regarding your use of the Service. The Service is provided "as is" and "as available" without any kind of warranty, including implied warranties of merchantability, non-infringement, quiet enjoyment, or fitness for a particular purpose. The Company does not promise that the Service will operate continuously, error-free, securely, or free of viruses. You acknowledge that you bear all risks associated with the use of the Service. Furthermore, the Company does not guarantee continuous, error-free, or secure operation of the Service, or your account.

Some jurisdictions do not allow the limitation of warranties mentioned above, so these limitations may not apply to you depending on your place of residence.

The Service may allow you to access third-party websites or services, and the Company provides access for convenience purposes only and does not assume responsibility for the content, products, or services provided through such websites or resources. You acknowledge full responsibility for your use of such third-party websites or services and assume all risks associated with them.

13. Assumption of Risk

The Company is not responsible for any issues arising from your decisions and actions while using this Service which are not permitted under these Terms. Users bear full responsibility for decisions made while using the Service. By using the wallet, you agree to independently manage all associated risks and responsibilities. The Company facilitates wallet integration for convenience and does not act as a custodian, broker, dealer, agent, advisor or intermediary for your digital assets.

14. Indemnification

You agree to indemnify and hold harmless the Company, its service providers (including Circle), and affiliates from claims, damages, or losses arising from:

(a) Your use of the wallet services, including but not limited to loss of digital assets, unauthorized access to your wallet, or third-party disputes over transactions. Users are solely responsible for Wallet management and transactions conducted through third-party platforms.

(b) Your breach of these Terms

(d) Any violation of applicable laws, regulations, rules, or third-party rights (including intellectual property rights) in connection with your access to or use of the Service

(e) Your negligence, fraud, intentional misconduct, or false statements

In the event of any obligation for indemnification on your part towards the Company, the Company retains full authority for the defense or settlement of such third-party claims.

15. Force Majeure

"Force Majeure Event" means (i) acts of God; (ii) natural disasters including floods, fires, earthquakes, explosions, epidemics such as the 2019 novel coronavirus (COVID-19), tsunamis, and other natural disasters; (iii) war, invasion, hostilities (regardless of whether declared), terrorist threats or acts, riots, or other civil disturbances; (iv) government orders, laws, or actions; (v) prohibitions or blockades imposed on or after the date of this agreement; (vi) strikes, labor stoppages, or slowdowns, or other industrial disturbances; (vii) inadequate or suitable internet connectivity, communication disruptions, or adequate power or electricity shortages; (viii) any other similar event beyond the reasonable control of the Company.

The Company shall not be held responsible for any failure or delay in the provision of the Service due to a Force Majeure Event. In the event of a Force Majeure Event, the Company will make reasonable efforts to promptly notify you of the occurrence and the expected duration of the Force Majeure Event. Furthermore, the Company will endeavor to resolve any service failures or delays and mitigate the impact of the Force Majeure Event. The Company will resume its obligations as soon as reasonably practicable following the cessation of the Force Majeure Event.

16. Service Changes

We continually update our services to ensure the best possible experience. You acknowledge and agree that the form and nature of the Services may undergo changes without prior notice, and we reserve the right to add new features or modify certain aspects of the Service at any time without prior notice.

17. Governing Law and Disputes

In the event of a dispute between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute promptly.

(a) If you reside in the United States, these Terms will be interpreted and governed by the laws of the State of California. For all purposes, the California state courts shall have exclusive jurisdiction over any disputes arising from or related to this agreement, and all lawsuits arising from these Terms shall be exclusively filed in the courts of Contra Costa County.

(b) If you reside in the European Economic Area or the United Kingdom, these Terms will be interpreted and governed by Dutch law.

(c) If you reside in any other region, These Terms will be interpreted and governed by the laws of South Korea, and any lawsuits related to these Terms shall be subject to the jurisdiction of the courts of South Korea in accordance with the relevant laws, such as the Civil Procedure Act.

If you use the Services outside of these locations, different laws may apply. In such cases, the local laws shall only affect these Terms to the extent required by the applicable jurisdiction, and these Terms shall be interpreted to the fullest extent possible. You are responsible for complying with all local laws within the scope of the applicable jurisdiction.

18. Independent Relationship

The Company, as an independent contractor, does not consider any part of this Service or these Terms to create a partnership, joint venture, or agency relationship between the user and the Company, nor does it intend to do so. The Company is not the user's broker, intermediary, agent, or financial advisor, and it does not assume any responsibility or obligation for the user's transactions or other actions related to the service. Specifically, the Company does not provide investment advice, tax advice, legal advice, or any other professional advice through this service. The Company does not recommend or guarantee that the user should buy or sell NFTs or engage in any investment or trading activities.

19. Severability

If any provision of these Terms is deemed invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions, and all other provisions will remain in full force and effect.

20. Language

These Terms have been translated into other languages for the convenience of users. In the event of any discrepancy between the English version of the Terms and versions in other languages, the English version shall take precedence.