Last Updated Date: March 31, 2023
EPIK PTE LTD, a company incorporated under the laws of Singapore ("EPIK", "we", "our", "The Company"), welcomes you (the "User(s)", "you", "Participant(s)") to our websites at https://epikprime.com or https://epik.gg and all web pages accessible through our websites, and additionally any page, pop-up or display on a digital platform, app, game or website owned or operated by EPIK or a third-party cooperating with EPIK; and our primary mobile applications including the Lockr app (“Lockr”), all together (collectively the “Applications”). "You" refers to you, as a user of the Applications.
Any changes to these Terms will be in effect as of the “Last Updated Date” referred to at the top of this page. You should review these Terms before using the Applications or purchasing any product or using any services that are available through these Applications.
Your continued use of these Applications after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
By using these Applications, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using these Applications on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms.
You may not use these Applications if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using these Applications or any of these Applications’ contents, products or services by applicable law.
1. USE OF PRODUCTS; ACCOUNT SET-UP AND SECURITY
Account Registration: You must provide accurate and complete registration information when you create an account for the Applications. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update your account information as necessary.
Account Security: You are responsible for the security of your account for the Applications and for your electronic wallets. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at [email protected].
Account Transactions: You can use your electronic wallet to purchase, store, and engage in transactions using your credit card, or via one or more cryptocurrencies that we may elect to accept from time to time. Transactions that take place on the Applications are managed and confirmed via blockchain networks such as Ethereum Network or Polygon Network or others. You understand that your Account username and possibly your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Applications.
2. PURCHASING YOUR COLLECTIBLES
Acquiring Collectibles: The Applications allows you to purchase, collect and showcase blockchain NFTs (each, a “Collectible) as well as in-game items of supported games as applicable. Each Collectible may be an NFT on the multiple supported blockchain networks such as Ethereum, HECO, BSC, and others.
Purchasing Collectibles: You can purchase Collectibles in two ways: (a) by buying Collectibles from us on our Applications; or (b) by buying Collectibles from other users in the Product’s marketplace (the “Marketplace”). There are a range of Collectibles available for purchase on the Applications, and we reserve the right to modify the types, prices and numbers of Collectibles available at our discretion. Depending on the Collectible you buy, you will collect Collectibles of varying levels of scarcity. We strongly encourage you not to purchase Collectibles other than on the Applications or on the Marketplace. If you decide to purchase Collectibles in any other way, you understand that such purchases will be entirely at your sole risk.
Earning Collectibles: You can earn Collectibles for free by participating in certain challenges or marketing campaigns on or off the Applications, or by completing certain tasks that we may make generally available from time to time.
Subjectivity of Collectibles: The value of each Collectible is inherently subjective. Each Collectible has no inherent or intrinsic value. Some collectors might prefer to have a Collectible featuring character from a certain branded items or characters, while another might prefer an equivalent Collectible featuring a different branded items or characters.
3. EPIK PRIME MEMBERSHIP
Membership Enrolment: The Applications provide an interface allowing you to enrol in EPIK’s reward program (“Program”). Qualification criteria, requirements, and process to enrol in the Program shall be provided for on relevant pages, apps, interfaces of the Applications. Enrolment into the Program is entirely at the discretion of the User, and by choosing to enrol, you accept all risks and responsibilities in relation to thereof.
THE APPLICATIONS OPERATE AS AN ADMINISTRATIVE PLATFORM ONLY. EPIK IS NOT A BROKER, DEALER, FINANCIAL INSTITUTION, EXCHANGE, CUSTODIAN, ROBO-ADVISOR, INTERMEDIARY, OR CREDITOR. NEITHER THE APPLICATIONS NOR THE COMPANY PROVIDES FINANCIAL ADVISORY, LEGAL, REGULATORY, OR TAX SERVICES DIRECTLY, INDIRECTLY, IMPLICITLY, OR IN ANY OTHER MANNER, AND YOU SHOULD NOT CONSIDER ANY CONTENT CONTAINED IN THIS AGREEMENT OR OTHERWISE POSTED ON THE APPLICATIONS TO BE A SUBSTITUTE FOR PROFESSIONAL FINANCIAL, LEGAL, REGULATORY, TAX OR OTHER ADVICE.
4. PAYMENT AND TAXES
Financial Transactions on the Applications: Payments or financial transactions that you engage in via the Applications may be conducted through the Ethereum Network or other blockchain network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Applications, or any other payment or transactions that you conduct via the Ethereum Network. We do not provide refunds for any purchases that you might make on or through the Applications.
Gas Fees: Every transaction on the blockchain networks requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized blockchain network. This means that you will need to pay a Gas Fee for each transaction that you instigate via the Applications. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Applications.
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 (collectively, the “Taxes”) associated with your use of the Applications. Except for income taxes levied on us, you: (a) will pay or reimburse us for 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, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms.
5. PRODUCTS (where applicable)
EPIK may from time to time offer for sale or distribution certain products through the Applications. We reserve the right, but are not obligated, to limit the sales or distribution of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected.
6. OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
YOUR OWNERSHIP OF COLLECTIBLES WILL ONLY BE RECOGNIZED BY US IF YOU HAVE PURCHASED OR OTHERWISE RIGHTFULLY ACQUIRED SUCH COLLECTIBLES FROM A LEGITIMATE SOURCE AND NOT THROUGH ANY OF THE CATEGORY B PROHIBITED ACTIVITIES (AS DEFINED BELOW).
For the purposes of this Section 5, the following capitalized terms will have the following meanings:
“Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with a Collectibles that you Own.
“Own” means, with respect to Collectibles, a Collectible that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Category B Prohibited Activities (as defined below)), where proof of such purchase is recorded on the corresponding blockchain network.
“Purchased Collectible” means a Collectible 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.
Ownership of Collectibles: Because each Collectible is an NFT on a blockchain network, when you purchase a Collectible in accordance with these Terms (and not through any of the Category B Prohibited Activities), you own the underlying NFT completely. This means that you have the right to swap your Collectible, sell it, or give it away. Ownership of the Collectible is mediated entirely by the corresponding blockchain network. Except as otherwise permitted by these Terms in cases where we determine that the Collectible has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Category B Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any Collectible.
Intellectual Property Rights: You acknowledge and agree that we (or, as applicable, relevant third parties) owns all legal right, title and interest in and to all other elements of the Applications, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, analytics, technologies, texts, graphics, logos, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Applications (collectively, the “Applications Materials”)), and may not be copied, imitated or used, in whole or in part, without our prior written permission. You acknowledge that the Applications Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All Applications Materials are the copyrighted property of us or third parties, and all trademarks, service marks, and trade names associated with the Applications or otherwise contained in the Applications Materials are proprietary to us or their respective third party owners. Unauthorized use of the Applications Materials may violate our rights and rights of third parties.
No User License or Ownership of Applications Materials: Except as expressly set forth herein, your use of the Applications does not grant you ownership of or any other rights with respect to any content, code, data, or other Applications Materials that you may access on or through the Applications. We reserve all rights in and to the Applications Materials that are not expressly granted to you in these Terms.
Further User Ownership Acknowledgements: For the sake of clarity, you understand and agree: (a) that your purchase of a Collectible, whether via the Applications or otherwise, does not give you any rights or licenses in or to the Applications Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Applications Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
User License to Art: Subject to your continued compliance with these Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Collectibles, solely for the following purposes: (a) for your own personal, non-commercial use; (b) as part of a marketplace that permits the purchase and sale of your Purchased Collectibles, provided that the marketplace cryptographically verifies each Collectible owner’s rights to display the Art for their Purchased Collectible to ensure that only the actual owner can display the Art; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased Collectible, provided that the website/application cryptographically verifies each Collectible’s owner’s rights to display the Art for their Purchased Collectible to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Collectible leaves the website/application.
Restrictions on Ownership: You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Art for your Purchased Collectible in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes; (b) use the Art for your Purchased Collectible to advertise, market, or sell any third party product or service; (c) use the Art for your Purchased Collectible in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Purchased Collectible in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal, non-commercial use; (e) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Collectible; (f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Collectible; or (g) otherwise utilize the Art for your Purchased Collectible for your or any third party’s commercial benefit.
Third Party IP: If the Art associated with your Purchased Collectible contains Third Party IP, you understand and agree as follows: (a) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (b) that, depending on the nature of the license granted from the owner of the Third Party IP, we may need to (and reserve every right to) pass through additional restrictions on your ability to use the Art; and (c) to the extent that we 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 that failure to do so will be deemed a breach of the license contained in this Section 5.
Other Terms of License: The license granted in Section 5 above applies only to the extent that you continue to Own the applicable Purchased Collectible. If at any time you sell, swap, donate, give away, transfer, or otherwise dispose of your Purchased Collectible for any reason, the license granted in Section 5 will immediately expire with respect to that Collectible without the requirement of notice, and you will have no further rights in or to the Art for that Collectible. The restrictions in this Section will survive the expiration or termination of these Terms.
7. CONDITIONS OF USE AND PROHIBITED ACTIVITIES
YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE PRODUCTS, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE PRODUCTS ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.
6.1. User Warranties: Without limiting the foregoing, you warrant and agree that your use of the Applications will not (and will not allow any third party to):
(a) in any manner:
(1) involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
(2) involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(3) involve the uploading, posting, transmitting or otherwise making available through the Applications any content that infringes the intellectual proprietary rights of any party;
(4) involve using the Applications to violate the legal rights (such as rights of privacy and publicity) of others;
(5) involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);
(6) involve interfering with other users’ enjoyment of the Applications;
(7) involve exploiting the Applications for any unauthorized commercial purpose;
(8) involve modifying, adapting, translating, or reverse engineering any portion of the Applications;
(9) involve removing any copyright, trademark or other proprietary rights notices contained in or on the Applications or any part of it;
(10) involve reformatting or framing any portion of the Applications;
(11) involve displaying any content on the Applications that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
(12) involve using any spider, site search/retrieval application, or other device to retrieve or index any portion of the Applications or the content posted on the Applications, or to collect information about its users for any unauthorized purpose;
(13) involve accessing or using the Applications for the purpose of creating a product or service that is competitive with any of our products or services;
(14) involve abusing, harassing, or threatening another user of the Applications 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 favouritism by our employees or otherwise); or
(15) involve 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 Applications or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers (each, a “Category A Prohibited Activity”); and/or (b) in any manner:
(1) involve creating user accounts by automated means or under false or fraudulent pretences;
(2) involve the impersonation of another person (via the use of an email address or otherwise);
(3) involve using, employing, operating, or creating a computer program to simulate the human behaviour of a user (“Bots”);
(4) involve using, employing, or operating Bots or other similar forms of automation to engage in any activity or transaction on the Applications (including, without limitation, purchases of Collectibles on the Applications or on the Marketplace);
(5) involve acquiring Collectibles 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 a Collectible and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the Collectible or selling, gifting or trading the Collectibles to someone else); or
(6) involve the purchasing, selling or facilitating the purchase and sale of any user’s account(s) to other users or third parties for cash or cryptocurrency consideration outside of the Applications; or
(7) otherwise involve or result in the wrongful seizure or receipt of any Collectibles or other digital assets
(each, a “Category B Prohibited Activity” and, together with Category A Prohibited Activity, the “Prohibited Activities”).
6.2. Effect of Your Breaches: If you engage in any of the Prohibited Activities, we may, at 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, immediately suspend or terminate your user account and/or delete your Collectible’s images and descriptions from the Collectible. If we delete your Collectibles’ images and descriptions from the Applications, such deletion will not affect your ownership rights in any NFTs that you already Own, but you will not receive a refund of any amounts you paid for those Collectibles.
6.3. Prohibition of Use: By accessing and using our Applications, you represent and warrant that you and/or the country in which you are resident have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council List), the list of specifically designated nationals maintained by OFAC (The Office of Foreign Assets Control of the U.S. Department of the Treasury) or the denied persons or entity list of the U.S. Department of Commerce. EPIK reserves the right to choose markets and jurisdictions in which to conduct business, and may restrict or refuse, in its discretion, the provision of EPIK services in certain countries or regions.
NOTWITHSTANDING THE FOREGOING, HOWEVER, IF WE REASONABLY BELIEVE THAT YOU ARE 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 COLLECTIBLES’ IMAGES AND DESCRIPTIONS FROM THE WEBSITE, 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 VOID AB INITIO; AND/OR (B) TO IMMEDIATELY CONFISCATE ANY COLLECTIBLES (INCLUDING THEIR UNDERLYING NFTS) THAT WERE PURCHASED OR ACQUIRED AS THE RESULT OF SUCH ACTIVITIES.
7.1. You Terminate: You may terminate these Terms at any time by cancelling your account on the Applications and discontinuing your access to and use of the Applications. If you cancel your account, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Applications.
7.2. We Terminate: You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Applications without the provision of prior notice. You agree that any suspension or termination of your access to the Applications may be
without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.
7.3. Other Remedies Available: If we terminate these Terms or suspend or terminate your access to or use of the Applications due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
7.4. Referral to Governmental Authority: We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Applications. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Applications.
7.5. Effect of Termination: Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Applications or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 1 and 3 through 19 will survive the termination or expiration of these Terms for any reason.
YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
9. ELECTRONIC COMMUNICATIONS
Visiting the Applications, using any contact form on the Applications or sending emails to it constitutes electronic notices. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that EPIK provides in connection with your use of the Applications). You agree that EPIK may provide these Communications to you by posting them on the Applications, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide; any such Communication shall be valid and have legal force.
You may choose to submit comments, bug reports,
about the Applications, including without limitation about how to improve the Applications (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
You may contact us by either (a) completing a contact form, which may be from time to time available at the Applications, or by (b) contacting us directly by email to the address: [email protected]. The contact form on the Applications may require, among other things, your full name, e-mail address, phone number, country of residence, company/organization name, and your position in the company/organization.
11. THIRD-PARTY CONTENT
In using our Applications, you may view certain content provided by third parties, including, including but not limited to advertisements, promotions, materials and links to third-party resources or websites (the "Third-party content"). EPIK is not responsible for and does not make any warranties as to the Third party content, does not endorse and is not responsible for any information, statements, content, ads, goods or services, or other materials on or available from such resources or websites.
We are not responsible or liable for any loss or damage of any sort incurred as the result of accessing or using of any Third-party content, and you understand that your use of Third-party content, and your interactions with third parties that are linked to or from our Applications, is at your own risk.
12. USER GENERATED CONTENT
The Applications may provide possibility for posting or creating content through the Applications (the "User generated content"). If you create or provide any User generated content, you must ensure that such content at all times is true, accurate, complete and up to date, and that such content does not breach any rights of third parties or laws. By creating or providing any User generated content to the Applications you warrant that you own all intellectual property rights to such content, that such content does not violate any rights of third parties, laws or regulations. You shall be solely liable and responsible for your User generated content.
We do not review all User generated content and do not have such an opportunity. We do not undertake any obligations in respect to the User generated content, e.g. obligations of confidentiality. At all times, we retain the right to remove any User generated content without any prior notice if case we, in our sole discretion, determine that such content is offensive, unacceptable, may harm us or violate these Terms, any laws or public order.
By creating or providing User generated content to us you grant EPIK, its agents, contractors, partners, officers, employees and successors a non-exclusive, irrevocable, royalty free, perpetual, worldwide right to use, copy, edit, reproduce, translate, publicly display and perform, distribute, create derivative works from your User generated content and the right to assign these rights to third parties in whole or in part.
13. NO ADVICE
No part of the information or content available on the Applications should be considered to be business, legal, financial, tax or other professional advice regarding EPIK or EPIK Tokens, or any of the matters to which all or any part of such information relates. You should consult your own legal, financial, tax or other professional advisor regarding this information. You should be aware that you may be required to bear the financial risk of any purchase of EPIK Tokens.
We shall not be responsible for the accuracy of the information and materials on the Applications, therefore any use of such information or materials is at your own discretion and risk and you are solely responsible for any possible damages or losses arising from such use, e.g. damages to your computer system, loss of data.
14. USE GUIDELINE
You may not use the Applications, its content and services provided through the Applications for purposes other than those specified by EPIK. You may not use these Applications in any manner that could disrupt, interfere with or inhibit other Users from using these Applications, or that could disable, impair or harm the functioning of the Applications or servers. You may not use the Applications to collect any data or information for any purposes other than stated on the Applications, e.g. for market or other research for any third parties. You may not use robots, spiders or other automated means to access the Applications or its parts, provided, however, that search engines and their operators may use such means for creating publicly-available searchable indices of the materials, excluding caches or archives of such materials.
You may not use the Applications and its content to make any statements that result or could result in perceiving EPIK Tokens by other persons and Users as an investment instrument or "security".
15. COLLECTION OF INFORMATION
16. AVAILABILITY AND ACCESS
Other for than our members-only login for services, we are not going to terminate access to the Applications for any user, and the Applications is public and can be accessed without login or registration. At the same time, the Applications' availability and functionality depends on various factors, such as communication networks. EPIK does not warrant or guarantee that the Applications will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
We may terminate these Terms, same as your access to the Applications or any of its parts at any time without any prior notice and liability.
17. JURISDICTION AND DISPUTE RESOLUTION
16.1. Governing Law. These Terms will be governed by and construed and enforced in accordance with the laws of Singapore, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any Dispute between the Parties arising out or relating to these Terms or its subject matter or formation (including non-contractual Disputes or claims) that is not subject to arbitration shall be exclusively resolved by the courts of Singapore. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and the Company (i) waive your and the Company's respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and the Company's respective rights to a jury trial. Instead, you and the Company will arbitrate Disputes through the binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court). Any Dispute shall be referred to and finally resolved by arbitration under the Rules of the Singapore International Arbitration Centre ("SIAC") in force on the date on which the arbitration is commenced, which Rules are deemed to be incorporated by reference into these Terms. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. Any award of the tribunal shall be final and binding from the day it is made. The tribunal shall consist of three arbitrators. Each party hereto shall nominate one arbitrator. In the event that either of the two parties hereto fails to nominate an arbitrator within 30 days after the commencement of the arbitration proceedings, then the SIAC shall nominate an arbitrator on behalf of the party or parties hereto which have failed to nominate an arbitrator. The third arbitrator, who shall be the presiding arbitrator, shall be nominated by the two party-nominated arbitrators within 30 days of the last of their appointments. The parties hereto agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable.
16.2. No Class Arbitrations. Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
16.3. Notice: Informal Dispute Resolution. Each Party will notify the other Party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by e-mail to the Company at [email protected]. Notice to you shall be sent by email to the email address you provide to us in the Contact Us form on the Applications or by the email address you contacted us on. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and the Company cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable Party, then either you or the Company may, as appropriate and in accordance with this Section 11, commence an arbitration proceeding or, to the extent specifically provided for in the first paragraph of this Section 11, file a claim in court.
16.4. Authority of Arbitrator. The arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATIONS IS AT YOUR SOLE RISK, AND THAT THE APPLICATIONS ARE 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 SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APPLICATIONS 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, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE APPLICATIONS WILL MEET YOUR REQUIREMENTS; (II) YOUR ACCESS TO OR USE OF THE APPLICATIONS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) USAGE DATA PROVIDED THROUGH THE APPLICATIONS WILL BE ACCURATE; (IV) THE APPLICATIONS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE APPLICATIONS 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.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE APPLICATIONS. WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
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 GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ANY BLOCKCHAIN NETWORK, 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 APPLICATIONS,THE BLOCKCHAIN NETWORK, OR ANY ELECTRONIC WALLET.
COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN A BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SAID BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT EPIK CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY COLLECTIBLES.
WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKHAIN NETWORK, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE FLOW NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
ALL PRODUCTS INCLUDING PHYSICAL PRODUCTS DELIVERED TO YOU ARE PROVIDED ‘AS IT’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOISE, DURABILITY, TITLE AND NON-INFRINGEMENT.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL EPIK, INCLUDING EPIK'S REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, ASSIGNEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APPLICATIONS, ANY COMMUNICATIONS AND
INTERACTIONS OR MEETINGS WITH USERS OF THE APPLICATIONS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE AS A RESULT OF YOUR USE OF THE APPLICATIONS, AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE APPLICATIONS AND/OR THE CONTENT AND/OR THE FAILURE OF THE APPLICATIONS TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF EPIK TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF EPIK OR EPIK'S REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, ASSIGNEES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER EPIK OR EPIK'S REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, ASSIGNEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any case, without limiting the generality of the foregoing and to the maximum extent legally permissible, EPIK's and EPIK's representatives' total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the Applications and/or the content shall be limited to the amount actually paid by you, if any, to EPIK for use of the site or $1, whichever is greater. You will not, and hereby waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us and from EPIK's representatives, officers, employees, agents, contractors, partners, assignees. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
20. ASSUMPTION OF RISK
19.1. Value and Volatility: The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets may have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Collectibles, which may also be subject to significant price volatility. Each Collectibles has no inherent or intrinsic value. We cannot guarantee that any Collectibles purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of our ecosystem may materially impact the value and desirability of any particular Collectible.
19.2. Tax Calculations: You are solely responsible for determining what, if any, taxes apply to your Collectibles-related transactions. We are not responsible for determining the taxes that apply to your transactions on the Collectibles.
19.3. Inherent Risks with Digital Currency: There are risks associated with using an internet-based digital currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using any Blockchain Network, however caused.
19.4. Regulatory Uncertainty: The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of relevant ecosystem, and therefore the potential utility or value of your Collectibles.
19.5. Software Risks: Upgrades to a Blockchain Network, a hard fork in the Blockchain Network, or a change in how transactions are confirmed on the Blockchain Network may have unintended, adverse effects on all blockchains using the Blockchain Network’s NFT standard.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, YOU WILL INDEMNIFY, HOLD HARMLESS AND DEFEND EPIK, ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, SHAREHOLDERS, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL AND ANY DAMAGES, LIABILITIES, CLAIMS, LOSSES, COSTS, INCLUDING ATTORNEYS' FEES THAT ARISE DIRECTLY OR INDIRECTLY FROM YOUR ACCESS OR USE OF THE APPLICATIONS, OUR SERVICES, YOUR USER GENERATED CONTENT AND VIOLATION OF THESE TERMS. WE RESERVE THE RIGHT TO EXERCISE SOLE CONTROL OVER THE DEFENSE, AT YOUR EXPENSE, OF ANY CLAIM SUBJECT TO INDEMNIFICATION PURSUANT TO THESE TERMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN CONTRACT BETWEEN YOU AND EPIK.
22. EXTERNAL LINKS
The Applications may include hyperlinks to other websites or resources (collectively, the “External Applications”), which are provided solely as a convenience to our users. We have no control over any External Applications. You acknowledge and agree that we are not responsible for the availability of any External Applications, and that we do not endorse any advertising, products or other materials on or made available from or through any External Applications. 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 the External Applications, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Applications.
You affirm that you are over the age of 18. The Applications is not intended for children under 18. If you are under the age of 18, you may not use the Applications. We do not knowingly collect information from or direct any of our content specifically to children under the age of 18. If we learn or have reason to suspect that you are a user who is under the age of 18, we will unfortunately have to close your account. Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the Applications.
24.2 Amendments. EPIK may modify, change, supplement or update these Terms in our sole discretion at any time without advance notice. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice on the homepage of the Applications and/or by posting the amended Terms via the applicable Applications and updating the "Last Updated" date at the top of these Terms. The amended Terms will be deemed effective immediately upon posting for any new Users. In all other cases, the amended Terms will become effective for pre-existing Users upon the earlier of either: (i) the date Users click or press a button to accept such changes, or (ii) Users continued use of Applications after EPIK provides notice of such changes. Any amended Terms will apply prospectively to use of the Terms after such changes become effective. If you do not agree to any amended Terms, you must immediately cease from using the Applications.
24.3 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
24.4 Language. Currently, only English versions of any EPIK's communications are considered official. The English version shall prevail in case of differences in translation.
24.5 Force Majeure Events. EPIK will not be liable or responsible to you for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (b) acts of God; (c) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (e) government order, law, or action; (f) embargoes or blockades in effect on or after the date of this agreement; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (i) other similar events beyond our control. 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 use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this Section, we may thereafter terminate these Terms upon fifteen (15) days' written notice.
24.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from EPIK, including by operation of law or in connection with any change of control. EPIK may assign or transfer these Terms, any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval, provided that you will be informed of such transfer in the order provided herein if such assignment is a non-affiliated party.
26. END-USER LICENSE AGREEMENT (EULA)
PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE LOCKR APPLICATION ("LOCKR").
By downloading, installing, or using Lockr, you agree to be bound by the terms and conditions of this EULA. If you do not agree to the terms of this EULA, do not download, install or use Lockr.
Lockr is licensed, not sold, to you by EPIK for use strictly in accordance with the terms and conditions of this EULA.
Subject to your compliance with the terms and conditions of this EULA, EPIK grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install and use Lockr on a mobile device that you own or control solely for your personal, non-commercial use.
You acknowledge that this license is limited to your use of Lockr and does not include any right to modify, distribute, sublicense, sell, or transfer Lockr or any portion thereof.
OWNERSHIP AND INTELLECTUAL PROPERTY
Lockr, including but not limited to any content, media, files, documentation, code, and all intellectual property rights therein, is the property of EPIK and/or its Affiliates and is protected under international copyright laws and other intellectual property laws.
You acknowledge that all title, ownership, and intellectual property rights in and to Lockr, and any and all copies thereof (including but not limited to any derivative works based on or incorporating Lockr), are owned by EPIK or its Affiliates.
You agree that you will not use Lockr for any unlawful purpose or in any way that could damage, disable, overburden or impair the Lockr application, or interfere with any other party's use and enjoyment of Lockr.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of Lockr.
You agree not to remove, alter, or obscure any proprietary notice or identification, including copyright, trademark, patent, or other intellectual property notices, contained in or displayed on or through the Lockr application.
You agree not to use Lockr to distribute or make available any material that is defamatory, obscene, or otherwise offensive.
This EULA will terminate automatically if you fail to comply with any term of this EULA. Upon termination of this EULA, you shall cease all use of Lockr, and destroy all copies, full or partial, of the Lockr application.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EPIK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES
LOCKR IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
EPIK MAKES NO WARRANTY THAT THE APPLICATION WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA and any dispute arising out of or related to this EULA shall be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision or rule.