TERMS
CHAINZOKU S.A.S. (DOING BUSINESS AS “CHAINZOKU”) IS A STORY-BASED BRAND REVOLVING AROUND TWO CLANS FIGHTING EACH OTHER, THE ONIZOKU AND THE BOSOZOKU. IT’S IS DEVELOPED THROUGH ITS COMMUNITY, WEB3 INITIATIVES AND COLLECTIONS OF NON-FUNGIBLE TOKENS (“NFT”) BASED ON THE ETHEREUM BLOCKCHAIN TO WHICH ARE ATTACHED VISUAL 2D AND 3D ASSETS REPRESENTING HUMANOID CHARACTERS (“ZOKUS BY CHAINZOKU NFT”) AS WELL AS COMPOSABLE ASSETS (“ZOKU GEAR BY CHAINZOKU NFT”, “ZOKU HOME BY CHAINZOKU NFT”, “GIMME THE LOOT BY CHAINZOKU NFT”)
THESE TERMS AND CONDITIONS (“TERMS”) RULE THE RELATIONSHIP BETWEEN CHAINZOKU AND ANY PERSON (“USER”, “YOU”) ACCESSING AND/OR USING CHAINZOKU’S WEBSITE (WWW.CHAINZOKU.IO, ALSO REFERRED TO HEREIN AS “CHAINZOKU WEBSITE”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE CHAINZOKU WEBSITE.
1 CONDITIONS OF USE OF THE CHAINZOKU WEBSITE
THE CHAINZOKU WEBSITE IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY USING THE CHAINZOKU WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND YOU ARE DEEMED TO HAVE READ AND ACCEPTED THESE TERMS EXHAUSTIVELY AND UNCONDITIONALLY.
IF THE USER IS UNDER EIGHTEEN (18) YEARS OLD, THE USER UNDERTAKES TO OBTAIN THE PRIOR AND EXPRESS CONSENT OF HIS/HER PARENT OR LEGAL GUARDIAN TO USE THE CHAINZOKU WEBSITE AND TO REVIEW THE TERMS WITH THEM. THE PARENT OR LEGAL GUARDIAN OF A USER UNDER EIGHTEEN (18) YEARS OLD UNDERTAKES TO ABIDE BY THESE TERMS AND ACKNOWLEDGES TO BE RESPONSIBLE FOR THE ACTIVITIES OF THE USER ON THE CHAINZOKU WEBSITE.
IN CASE OF YOUR DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS, YOU MUST IMMEDIATELY CEASE ANY AND ALL USE OF THE CHAINZOKU WEBSITE.
2 AMENDMENT TO THE TERMS
THE TERMS MAY BE UPDATED FROM TIME TO TIME AS CHAINZOKU MAY DEEM NECESSARY OR USEFUL.
IN THE EVENT YOU DO NOT AGREE TO THE TERMS, INCLUDING AS MAY BE AMENDED, YOU SHALL CEASE ANY AND ALL UTILIZATION OF THE CHAINZOKU WEBSITE AND RELATED SERVICES.
3 ACCESS TO THE CHAINZOKU WEBSITE
YOU ARE PERSONALLY RESPONSIBLE FOR SETTING UP THE IT AND TELECOMMUNICATIONS RESOURCES REQUIRED TO ACCESS THE CHAINZOKU WEBSITE AND USE THE SERVICES. YOU SHALL BEAR THE COST OF TELECOMMUNICATIONS WHEN ACCESSING THE INTERNET TO USE THE CHAINZOKU WEBSITE.
CHAINZOKU RESERVES THE RIGHT TO, WITHOUT NOTICE NOR COMPENSATION, TEMPORARILY OR PERMANENTLY, CLOSE THE CHAINZOKU WEBSITE OR ACCESS TO ONE OR MORE SERVICES IN ORDER TO PERFORM MAINTENANCE OPERATIONS. CHAINZOKU MAY CARRY OUT ANY CHANGES AND IMPROVEMENTS TO THE CHAINZOKU WEBSITE AND SERVICES THAT IT DEEMS NECESSARY.
4 SERVICES
4.1 GENERAL SERVICES
THE CHAINZOKU WEBSITE GIVES YOU ACCESS TO FUNCTIONALITIES, FEATURES AND SERVICES RELATED TO CHAINZOKU NFT COLLECTIONS AND COMMUNITY (THE “SERVICES”).
ACCESS TO SOME SERVICES MAY ONLY BE AVAILABLE TO THE HOLDER OF A CHAINZOKU NFT AND REQUIRE PROOF OF OWNERSHIP BY CONNECTING A SUPPORTED BLOCKCHAIN-BASED DIGITAL WALLET TO THE CHAINZOKU WEBSITE (“DIGITAL WALLET”).
DIGITAL WALLETS ARE THIRD-PARTY PRODUCTS AND SERVICES THAT ARE NOT AFFILIATED, IN ANY WAY WHATSOEVER, WITH CHAINZOKU NOR IN ITS CUSTODY OR CONTROL. ACCESS AND USE OF DIGITAL WALLETS ARE AT THE USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR DIGITAL WALLET SECURITY, INCLUDING ASSOCIATED PASSWORDS, SEED WORDS, AND KEYS. CHAINZOKU SHALL NOT, IN ANY EVENT WHATSOEVER, BE HELD RESPONSIBLE FOR ANY RISK ASSOCIATED WITH YOUR ACCESS AND/OR USE OF A DIGITAL WALLET. IN THE EVENT YOU LOSE OR CAN NO LONGER ACCESS YOUR DIGITAL WALLET, CHAINZOKU CANNOT RETRIEVE YOUR CHAINZOKU NFT FROM YOUR DIGITAL WALLET.
4.2 NFT PRIMARY SALE SERVICES ON THE CHAINZOKU WEBSITE
THE CHAINZOKU WEBSITE MAY, IN ITS SOLE DISCRETION, GIVE YOU ACCESS TO PRIMARY SALES OF CHAINZOKU NFTS THROUGH ONE OR SEVERAL OF THE FOLLOWING ACCESS RIGHTS: FREE MINT FOR HOLDERS OF A CHAINZOKU NFT, ALLOW LIST AND/OR PUBLIC SALE.
YOU WILL BE REQUIRED TO CONNECT YOUR DIGITAL WALLET TO THE CHAINZOKU WEBSITE IN ORDER TO, DEPENDING ON THE RIGHTS YOU HAVE BEEN GRANTED ON THE PRIMARY SALE, (I) WHERE APPLICABLE, CONFIRM YOUR CURRENT OWNERSHIP OF A CHAINZOKU NFT, AND/OR (II) WHERE APPLICABLE, TRANSFER TO CHAINZOKU THE APPLICABLE PURCHASE PRICE, AND (III) RECEIVE AN NFT.
APPLICABLE PURCHASE PRICE OF A CHAINZOKU NFT ARE SET FORTH ON THE CHAINZOKU WEBSITE AND ARE BINDING AT THE TIME OF PURCHASE. ADDITIONAL FEES (INCLUDING GAS FEES) MAY BE REQUIRED AT THE TIME OF PURCHASE TO COMPLETE THE SALE. CHAINZOKU DOES NOT MONITOR NOR BENEFIT FROM THESE FEES.
CHAINZOKU WILL DIRECTLY TRANSFER THE CHAINZOKU NFT YOU ACQUIRED TO THE SUPPORTED DIGITAL WALLET YOU CONNECTED TO THE CHAINZOKU WEBSITE, DEPENDING THE CASE AND WHERE APPLICABLE, UPON CONFIRMATION OF OWNERSHIP OF A CHAINZOKU NFT OR UPON RECEIPT OF THE CORRESPONDING PURCHASE PRICE.
ALL SALES COMPLETED ON THE CHAINZOKU WEBSITE ARE FINAL. PURSUANT TO APPLICABLE LAW, YOU ACKNOWLEDGE THAT NO WITHDRAWAL, RETURN AND/OR REFUND RIGHTS APPLY.
4.3 NFT SECONDARY SALE ON THIRD-PARTY PLATFORM
USER MAY RESELL AND/OR PURCHASE CHAINZOKU NFT ON THIRD-PARTY PLATFORMS AS PART OF SECONDARY SALES.
PLATFORMS DEDICATED TO SECONDARY SALES ARE THIRD-PARTY SERVICES THAT ARE NOT AFFILIATED WITH CHAINZOKU AND WHICH ACCESS AND USE ARE AT USER’S OWN RISK AND DISCRETION AND SUBJECT TO THEIR OWN APPLICABLE TERMS.
CHAINZOKU MAY BENEFIT FROM A PERCENTAGE OF THE RESALE PRICE OF YOUR CHAINZOKU NFT, AS SET FORTH ON THE CHAINZOKU WEBSITE AND SUBJECT TO THE THIRD-PARTY PLATFORM’S POLICY ON WHICH THE RESALE IS COMPLETED.
YOU UNDERTAKE TO ONLY RESELL AND/OR PURCHASE CHAINZOKU NFT ON THIRD-PARTY PLATFORMS THAT (I) CRYPTOGRAPHICALLY VERIFY EACH NFT OWNER’S RIGHTS TO DISPLAY AND LIST A CHAINZOKU NFT FOR SALE, TO ENSURE THAT ONLY THE ACTUAL OWNER OF THIS NFT CAN PROCEED WITH ITS RESALE, AND (II) PROVIDE FOR A PERCENTAGE OF THE RESALE PRICE TO BE AUTOMATICALLY GRANTED TO CHAINZOKU UPON RESALE.
BY RESELLING AND/OR PURCHASING A CHAINZOKU NFT ON AN AUTHORIZED THIRD-PARTY PLATFORM, YOU AGREE TO ABIDE BY THESE TERMS.
5 UNDERTAKINGS OF THE PARTIES
5.1 USERS UNDERTAKINGS
USERS SHALL NOT, DIRECTLY OR INDIRECTLY, WITHOUT BEING EXPRESSLY AUTHORIZED BY THESE TERMS AND/OR THE DIGITAL OWNERSHIP ASSIGNMENT, OR BY PRIOR WRITTEN CONSENT OF CHAINZOKU, IN ANY WAY WHATSOEVER:
(I) COPY, MODIFY, COMMUNICATE, TRANSMIT OR CREATE ANY DERIVATIVE WORK, USE, COMMERCIALIZE OR REPRODUCE ALL OR PART OF THE CHAINZOKU WEBSITE AND/OR CHAINZOKU PROPERTY, AND RELATED INTELLECTUAL PROPERTY RIGHTS OF CHAINZOKU, OR REGISTER OR ATTEMPT TO REGISTER ANY TRADEMARK OR COPYRIGHT OR OTHERWISE ACQUIRE ADDITIONAL INTELLECTUAL PROPERTY RIGHTS IN OR TO ANY CHAINZOKU PROPERTY; USE THE CHAINZOKU WEBSITE OR ANY CHAINZOKU PROPERTY TO CREATE, ENDORSE, SUPPORT, PROMOTE OR CONDONE ANY CONTENT, MATERIAL OR SPEECH THAT IS, OR MAY BE DEEMED TO BE BY CHAINZOKU AT ITS SOLE DISCRETION, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, ABUSIVE, OFFENSIVE, HARASSING, VIOLENT, HATEFUL, RACIST, DISCRIMINATORY, INFLAMMATORY OR OTHERWISE OBJECTIONABLE OR INAPPROPRIATE; AND, IN GENERAL, ACCESS, DOWNLOAD, UPLOAD, SHARE, COMMUNICATE ANY CONTENT AND/OR USE THE CHAINZOKU WEBSITE OR CHAINZOKU PROPERTY IN A WAY THAT MAY INFRINGE THE RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OF CHAINZOKU OR THIRD PARTIES, DAMAGE THE REPUTATION, RIGHTS AND INTERESTS OF CHAINZOKU, OR FALSELY SUGGEST AN AFFILIATION WITH OR ENDORSEMENT BY CHAINZOKU.
(II) DECOMPILE, DISASSEMBLE THE CHAINZOKU WEBSITE, REVERSE ENGINEER OR ATTEMPT TO DISCOVER OR RECONSTRUCT THE SOURCE CODE, THE IDEAS ON WHICH IT IS BASED, THE ALGORITHMS, THE FILE FORMATS OR THE PROGRAMMING OR INTEROPERABILITY INTERFACES OF THE CHAINZOKU WEBSITE EXCEPT TO THE EXTENT PERMITTED BY LAW, IN ANY MANNER WHATSOEVER. IN THE EVENT THE USER WISHES TO OBTAIN THE INFORMATION NECESSARY TO IMPLEMENT THE INTEROPERABILITY OF CHAINZOKU THE WEBSITE WITH OTHER SOFTWARE DEVELOPED OR INDEPENDENTLY ACQUIRED BY THE USER, FOR USE IN ACCORDANCE WITH THE DESTINATION OF THE CHAINZOKU WEBSITE, THE USER UNDERTAKES, BEFORE RELYING ON A THIRD PARTY, TO FIRST CONSULT CHAINZOKU WHICH MAY PROVIDE THE NECESSARY INFORMATION FOR THE IMPLEMENTATION OF SUCH INTEROPERABILITY. THE USER ACKNOWLEDGE THAT, WHERE APPROPRIATE, THE EXACT COST INCURRED INTERNALLY BY CHAINZOKU FOR PROVIDING THIS INFORMATION WILL BE INVOICED BY CHAINZOKU TO THE USER;
(III) PROCEED ALONE, OR WITH HELP OF A THIRD-PARTY SERVICE PROVIDER, TO CORRECT OF ANY ERRORS IN AND/OR ALTER ANY CONTENT OF THE CHAINZOKU WEBSITE IN ORDER TO MAKE IT CONFORM TO HER/HIS OWN PURPOSES (CHAINZOKU ALONE RESERVES FOR ITSELF THE EXERCISE OF THIS RIGHT IN ACCORDANCE WITH EXCEPTIONS PROVIDED BY LAW); OR INTEGRATE OR COMBINE THE CHAINZOKU WEBSITE WITH OTHER SOFTWARE OR DOCUMENTS OR CREATE COMPOSITE OR DERIVATIVE WORKS WITH HELP OF ALL OR PARTS OF THE CHAINZOKU WEBSITE;
AND, IN GENERAL, VIOLATE ANY LAW OR REGULATION, OR MAKE ANY USE OF THE CHAINZOKU WEBSITE, SERVICES OR CHAINZOKU PROPERTY THAT MAY BE DEEMED CONTRARY TO PUBLIC ORDER OR UNFAIR.
5.2 UNDERTAKINGS OF CHAINZOKU
CHAINZOKU ENDEAVORS USE REASONABLE EFFORTS TO (I) ACT HONESTLY, FAIRLY AND PROFESSIONALLY, (II) COMMUNICATE WITH THE HOLDERS OF CHAINZOKU NFT IN A FAIR AND CLEAR MANNER, (III) PREVENT, IDENTIFY, MANAGE AND DISCLOSE ANY CONFLICTS OF INTEREST THAT MAY ARISE, (IV) MAINTAIN ALL OF ITS SYSTEMS AND SECURITY ACCESS PROTOCOLS TO APPROPRIATE STANDARDS OF APPLICABLE LAWS AND REGULATIONS, AND, IN GENERAL (V) ACT IN THE BEST INTERESTS OF THE HOLDERS OF CHAINZOKU NFT AND TREAT THEM EQUALLY, UNLESS PROVIDED OTHERWISE ON THE CHAINZOKU WEBSITE OR ANY OTHER NOTICE BY CHAINZOKU.
6 SECURITY
6.1 CHAINZOKU WEBSITE SECURITY
CHAINZOKU SHALL MAKE ITS BEST EFFORTS TO DEPLOY THE NECESSARY RESOURCES TO ENSURE USERS’ ACCESS TO AND EFFECTIVE OPERATION OF THE CHAINZOKU WEBSITE TWENTY-FOUR HOURS A DAY AND SEVEN DAYS A WEEK. HOWEVER, GIVEN THE LIMITATIONS RELATED TO THE INTERNET, CHAINZOKU CANNOT GUARANTEE THAT ACCESS AND OPERATION OF THE CHAINZOKU WEBSITE WILL NOT BE INTERRUPTED, SUCH AS IN EVENT OF FORCE MAJEURE, MALFUNCTION OF THE USERS’ EQUIPMENT, MALFUNCTIONS OF THE USERS’ INTERNET NETWORKS AND/OR MAINTENANCE OPERATIONS DESIGNED TO IMPROVE THE CHAINZOKU WEBSITE.
THE USER HEREBY REPRESENTS, WARRANTS, AND AGREES THAT, WHEN ACCESSING AND/OR USING THE CHAINZOKU WEBSITE AND SERVICES, THE USER SHALL REFRAIN FROM ANY ACT AND/OR OMISSION WHICH COULD, IN ANY WAY WHATSOEVER (I) JEOPARDIZE THE SECURITY OF THE CHAINZOKU WEBSITE; (II) ATTEMPT, IN ANY MANNER, TO OBTAIN PASSWORDS OR OTHER SECURITY INFORMATION FROM ANY OTHER USER; (III) VIOLATE THE SECURITY OF ANY COMPUTER NETWORK, OR CRACKS ANY PASSWORDS OR SECURITY ENCRYPTION CODES; (IV) RUN ANY PROCESSES THAT INTERFERE WITH THE PROPER WORKING OF THE CHAINZOKU WEBSITE AND SERVICES; (V) DISTURB, HINDER AND/OR PREVENT THE PROPER FUNCTIONING OF THE CHAINZOKU WEBSITE AND SERVICES (SUCH AS, BUT NOT LIMITED TO, DOWNLOADING VIRUSES OR MALICIOUS CODE WHATSOEVER OR BY PERFORMING HACKING ACTIVITIES OF ANY NATURE OR THAT OTHERWISE INTERFERE WITH THE PROPER FUNCTIONING OF THE CHAINZOKU WEBSITE AND SERVICES).
6.2 MALICIOUS THIRD PARTIES
PLEASE BE AWARE THAT MALICIOUS THIRD PARTIES MAY OFFER FOR SALE NFT COUNTERFEITED CHAINZOKU PROPERTY AND/OR FALSELY ACT AS AFFILIATED TO OR ENDORSED BY CHAINZOKU. IN CASE OF DOUBT, PLEASE CONTACT CHAINZOKU.
YOUR INTERACTIONS WITH THESE THIRD PARTIES ARE AT YOUR OWN RISKS AND DISCRETION. CHAINZOKU IS NOT RESPONSIBLE, IN ANY WAY WHATSOEVER, FOR ANY ACT OR OMISSION OF SAID MALICIOUS THIRD PARTIES, NOR ANY ADVERSE CONSEQUENCE RESULTING FROM YOUR INTERACTIONS WITH THEM.
7 DISCLAIMER
CHAINZOKU OFFERS SERVICES RELATED TO CRYPTO-ASSETS (NFT) THAT ARE UNIQUE AND NOT FUNGIBLE WITH OTHER CRYPTO-ASSETS. EACH CHAINZOKU NFT IS UNIQUE AND EXCLUSIVE TO ITS OWNER.
CHAINZOKU IS NOT A PROVIDER OF DIGITAL ASSET SERVICES INCLUDING, BUT NOT LIMITED TO, SERVICES REGARDING INITIAL COIN OFFERING; CUSTODY OF DIGITAL ASSETS ON BEHALF OF THIRD PARTIES OR ACCESS TO DIGITAL ASSETS FOR THE PURPOSE OF HOLDING, STORING AND TRANSFERRING DIGITAL ASSETS; THE PURCHASE AND SALE OF DIGITAL ASSETS IN LEGAL TENDER; THE EXCHANGE OF DIGITAL ASSETS FOR OTHER DIGITAL ASSETS; THE OPERATION OF A DIGITAL ASSET TRADING PLATFORM; OR ANY SERVICES RELATED TO THIRD PARTY ORDER RECEPTION AND TRANSMISSION, THIRD PARTY PORTFOLIO MANAGEMENT, ADVICE, UNDERWRITING, GUARANTEED PLACEMENT AND UNGUARANTEED PLACEMENT.
CHAINZOKU DOES NOT PROVIDE ASSET INTERMEDIATION SERVICES INCLUDING, BUT NOT LIMITED TO, SERVICES RELATED TO THE OFFER, TO CLIENTS OR POTENTIAL CLIENTS, TO ACQUIRE RIGHTS ON ONE OR MORE ASSETS ON THE BASIS OF THE POSSIBILITY OF A DIRECT OR INDIRECT FINANCIAL RETURN OR SIMILAR ECONOMIC EFFECT.
IN THIS REGARD, THE USER HEREBY REPRESENTS, WARRANTS, AND AGREES THAT ANY USE OF THE CHAINZOKU WEBSITE AND SERVICES, INCLUDING ANY PURCHASE OF A CHAINZOKU NFT, IS MADE FOR ITS SOLE PERSONAL COLLECTION, USE AND ENJOYMENT. USER SHALL REFRAIN FROM ANY ACT AND/OR OMISSION WHICH COULD, IN ANY WAY WHATSOEVER, BE INTERPRETED AS OR SUGGEST THAT (I) THE USER IS ACCESSING OR USING THE CHAINZOKU WEBSITE AND/OR SERVICES, INCLUDING PURCHASING A CHAINZOKU NFT, FOR SPECULATIVE OR INVESTMENT PURPOSES, FOR USE AS A SUBSTITUTE FOR CURRENCY OR OTHER MEDIUM OF EXCHANGE, OR FOR RESALE OR REDISTRIBUTION, OR THAT (II) ACCESSING OR USING THE CHAINZOKU WEBSITE AND/OR SERVICES, INCLUDING PURCHASING A CHAINZOKU NFT, MAY CONSTITUTE AN OPPORTUNITY TO GAIN ECONOMIC BENEFIT OR PROFIT, OR AN INVESTMENT, EQUITY, OR OTHER OWNERSHIP OR PROFIT-SHARING INTEREST IN CHAINZOKU OR ITS AFFILIATES OR BUSINESS PARTNERS OF ANY KIND. IN THIS REGARD, CHAINZOKU MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO ANY FUTURE VALUE OR RESALE PRICE OF A CHAINZOKU NFT.
YOU ARE THE SOLE RESPONSIBLE FOR YOUR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, INCLUDING TAX OBLIGATIONS IN RELATION WITH NFT AND CRYPTOCURRENCIES. PLEASE BE AWARE THAT CHANGES IN APPLICABLE LAWS AND REGULATIONS MAY IMPACT THE SERVICES AND YOUR RIGHTS AND OBLIGATIONS REGARDING YOUR CHAINZOKU NFT.
8 WARRANTY AND LIABILITY
8.1 WARRANTIES
IT IS EXPRESSLY AGREED THAT CHAINZOKU OBLIGATIONS UNDER THESE TERMS ARE OBLIGATIONS OF MEANS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER EXPRESSLY ACKNOWLEDGES THAT THE CHAINZOKU WEBSITE, SERVICES, INCLUDING CHAINZOKU NFT, ARE PROVIDED BY CHAINZOKU “AS IS”. OTHER THAN AS PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CHAINZOKU MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES.
CHAINZOKU MAKES NO WARRANTIES WHATSOEVER, REGARDING THE CHAINZOKU WEBSITE, THE SERVICES, AND ANY TRANSACTION INVOLVING, IN WHOLE OR IN PART, CHAINZOKU NFT AND/OR CRYPTOCURRENCIES, INCLUDING, BUT NOT LIMITED TO, WITH REGARD TO ANY RISK ASSOCIATED WITH CHAINZOKU NFT, SUCH AS, RISK OF FAILURE TO TRANSFER THE NFT TO THE USER DUE TO AN ERROR, SUCH AS FORGOTTEN PASSWORDS, MISTYPED ADDRESSES OR INCORRECTLY CONSTRUCTED TRANSACTIONS, MINING ATTACKS, CYBERSECURITY ATTACKS, BLOCKCHAIN MALFUNCTIONS OR OTHER TECHNICAL ERRORS, TELECOMMUNICATIONS FAILURE, UNFAVORABLE REGULATORY DETERMINATIONS OR ACTIONS IN ONE OR MORE JURISDICTIONS (INCLUDING WITH RESPECT TO NFTS AND/OR CRYPTOCURRENCIES), TAXATION OF NFTS OR CRYPTOCURRENCIES, PERSONAL INFORMATION DISCLOSURE, UNINSURED LOSSES, UNANTICIPATED RISKS, VOLATILITY RISKS, SERVER FAILURE OR DATA LOSS, CORRUPTED OR OTHERWISE INACCESSIBLE DIGITAL WALLETS, UNAUTHORIZED ACCESS, INABILITY TO ACCESS, TRANSFER OR DISPLAY THE NFT, RISKS ARISING FROM THIRD-PARTY PROVIDERS, INCLUDING THIRD-PARTY PROVIDERS THAT MAY MINT AND/OR STORE THE NFT, AND ANY DAMAGES ARISING FROM ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE INTRODUCTION OF VIRUSES OR OTHER MALICIOUS CODE, PHISHING ATTACKS, SYBIL ATTACKS, FIFTY-ONE PERCENT (51%) ATTACKS, BRUTE FORCING CHANGES TO THE PROTOCOL RULES OF THE BLOCKCHAIN (I.E., “FORKS”), OR OTHER MEANS OF ATTACK THAT MAY AFFECT, IN ANY WAY, THE NFT.
CHAINZOKU DOES NOT WARRANT THAT THE USER’S ACCESS AND USE OF THE CHAINZOKU WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY AND FREE FROM ERRORS, MALFUNCTIONS, VIRUSES AND MALICIOUS CODES OF ANY KIND WHATSOEVER. NO INFORMATION PROVIDED ON THE CHAINZOKU WEBSITE IS EVER GUARANTEED IN ANY WAY WHATSOEVER.
THE USER EXPRESSLY ACKNOWLEDGES AND ACCEPTS THAT ELECTRONIC COMMUNICATIONS MAY NOT BE FREE FROM INTERFERENCES WITH THIRD PARTIES. CHAINZOKU SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES AND LOSS OF PROFIT, OF WHATEVER NATURE AND KIND, RESULTING FROM OR ARISING OUT OF SUCH INTERFERENCE WITH THIRD PARTIES THROUGH THE INTERNET NETWORK.
8.2 INDEMNIFICATION
THE USER SHALL INDEMNIFY, DEFEND AND HOLD CHAINZOKU, AND ITS MEMBER, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, "THE CHAINZOKU CLAIMANTS") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, JUDGMENTS, AWARDS, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES), ARISING OUT FROM (I) ANY BREACH BY THE USER, OR ANY OF ITS RESPECTIVE EMPLOYEES OR AGENTS IF ANY, OF THIS TERMS OR OF ANY WARRANTY, REPRESENTATION, COVENANT OR OBLIGATION CONTAINED HEREIN; (II) ANY INFRINGEMENT OR ALLEGED INFRINGEMENT ON THE PART OF THE CHAINZOKU CLAIMANTS IN CONNECTION WITH ANY AND ALL USE OF THE CHAINZOKU WEBSITE, SERVICES AND/OR CHAINZOKU NFT BY THE USER.
8.3 LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAINZOKU BE LIABLE FOR ANY INDIRECT DAMAGES CAUSED TO A USER IN RELATION TO ACCESS AND/OR USE OF THE CHAINZOKU WEBSITE AND/OR THE SERVICES.
9 MISCELLANEOUS
9.1 BREACH OF TERMS
IF THE USER’S UTILIZATION OF THE CHAINZOKU WEBSITE IS DEEMED IN BREACH OF THE TERMS, CHAINZOKU RESERVES THE RIGHT TO LIMIT, SUSPEND OR TERMINATE, TEMPORARILY OR PERMANENTLY, AS OF RIGHT, WITHOUT ANY INDEMNIFICATION, COMPENSATION OR REFUND WHATSOEVER BEING OWED AND WITHOUT ANY PREJUDICE TO ANY LEGAL ACTION THAT CHAINZOKU MAY BE ENTITLED TO, THE USER’S ACCESS TO THE CHAINZOKU WEBSITE AND/OR THE SERVICES AVAILABLE TO THE USER. CHAINZOKU SHALL INFORM THE USER OF ITS DECISION TO SUSPEND OR LIMIT THE USER’S RIGHTS AND MAY, AT ITS DISCRETION, DECIDE TO RESTORE THE USER’S RIGHTS.
9.2 THIRD PARTY CONTENT
THE CHAINZOKU WEBSITE MAY DISPLAY HYPERTEXT LINKS REDIRECTING THE USER TO THIRD PARTY WEBSITES AND/OR APPLICATIONS. CHAINZOKU SHALL NOT BE HELD LIABLE, IN ANY WAY WHATSOEVER, IN RESPECT OF ANY HYPERTEXT LINKS TO THIRD PARTIES THAT MAY BE ACCESSIBLE ON THE CHAINZOKU WEBSITE. IN THIS RESPECT, PLEASE NOTE THAT CHAINZOKU NEITHER HAS ANY CONTROL OVER THE CONTENT PUBLISHED BY SUCH THIRD PARTIES NOR MONITORS SUCH CONTENT. AS A RESULT, CHAINZOKU SHALL IN NO EVENT BE HELD LIABLE IN RESPECT OF ANY CONTENT PUBLISHED BY THIRD PARTIES WHATSOEVER. THE USER IS HEREBY INVITED TO DULY READ THE TERMS AND CONDITIONS GOVERNING THIRD-PARTY WEBSITES AND APPLICATIONS THAT THE USER MAY ACCESS BY CLICKING ON HYPERTEXT LINKS DISPLAYED ON THE CHAINZOKU WEBSITE AND RELATED WEBSITE PAGES.
IN THE EVENT THAT ANY CONTENT POSTED ON THE CHAINZOKU WEBSITE DOES NOT COMPLY WITH THESE TERMS AND/OR INFRINGES APPLICABLE LEGAL AND REGULATORY PROVISIONS, IN PARTICULAR BECAUSE IT CONSTITUTES MANIFESTLY UNLAWFUL CONTENT (E.G., DEFAMATORY, DENIGRATING OR INFRINGING ON THE USER'S INTELLECTUAL PROPERTY RIGHTS), ANY USER MAY REPORT SUCH INFRINGEMENT BY CONTACTING CHAINZOKU IN ACCORDANCE WITH ARTICLE 12.
9.3 ASSIGNMENT
CHAINZOKU MAY TRANSFER ALL OR PART OF ITS RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO ANY ENTITY, AFFILIATE, SUBSIDIARY OR THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, IN CASE OF MERGER, DIVISION, PARTIAL ASSET TRANSFER OR FULL OR PARTIAL BUSINESS DISPOSAL. THE USER SHALL NOT TRANSFER ALL OR PART OF ITS OBLIGATIONS UNDER THESE TERMS, IN ANY WAY WHATSOEVER, WITHOUT THE EXPRESS PRIOR WRITTEN AGREEMENT OF CHAINZOKU.
9.4 VALIDITY
IN THE EVENT ANY ONE OR MORE OF THE PROVISIONS OF THESE TERMS ARE UNENFORCEABLE, IT SHALL BE STRICKEN FROM THE APPLICABLE DOCUMENT, BUT THE REMAINDER OF THE TERMS SHALL REMAIN IN FORCE. THE PROVISIONS DECLARED UNENFORCEABLE SHALL BE REPLACED BY THE PROVISIONS THAT ARE CLOSEST IN MEANING AND SCOPE TO THE INITIAL PROVISIONS.
9.5 ELECTRONIC COMMUNICATION
IN ACCORDANCE WITH APPLICABLE LAW, THE USER ACKNOWLEDGES AND AGREES THAT INFORMATION EXCHANGED BETWEEN THE USER AND CHAINZOKU IN ELECTRONIC FORMAT (INCLUDING VIA EMAIL) SHALL BE DEEMED VALID MEANS OF COMMUNICATION., NOTICE AND PROOF, EQUIVALENT TO INFORMATION IN PAPER FORMAT.
10 CONTACT INFORMATION
PLEASE CONTACT US BY E-MAIL AT CONTACT@CHAINZOKU.IO OR BY MAIL USING THE DETAILS PROVIDED BELOW:
ChainZoku
8, rue Lemercier
75017 Paris
FRANCE