1: AGREEMENT TO TERMS AND CONDITIONS OF USE
- These Terms and Conditions of Use constitute a legally binding agreement concerning your access to and use of the “com”Platform, which comprises a NFT Collection and Metaverse Software developed and/or enhanced by Melanin Ventures, as well as any other media form, channel and/or website related, linked, or otherwise connected thereto ( the “Platform”), and any associated services including Smart-Miners, Membership clubs and education platforms(henceforth referred to as the “Services”), which include, but are not limited, to any communications we may have with the User).
- You agree that by downloading, browsing, accessing and/or using the Platform, you have read, understood and agree to be bound by all of these Terms and Conditions of Use.
- If you do not agree with all of these Terms and Conditions of Use, you are expressly prohibited from using the Platform and you MUST DISCONTINUEuse immediately.
- Please read these Terms and Conditions of Use carefully as they contain important information regarding your legal rights, remedies and obligations, choice of law and jurisdiction.
2: AMENDMENT OF TERMS AND CONDITIONS
- We reserve the right to modify, delete and/or replace these Terms and Conditions at any time, at our sole discretion.
- We shall alert you about any changes by updating the “Last Updated” date of these Terms and Conditions. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You are required to accept these changes before continued usage of the Platform.
- By accepting these changes and/or continuing to access and/or use the Platform after the “last updated” date of these revisions, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, please stop using the Platform.
- Unless otherwise stated, the Nyukia.com Non Fungible Tokens (NFTs) source code and Minting contracts are under the open-source MIT License. As a permissive license, it puts only very limited restriction on reuse and has, therefore, reasonable license compatibility.
4: LINKS TO THIRD PARTY WEBSITES
- Our Platform may contain links to third party websites or services, including advertisements, that are not owned or controlled by the Company, the Platform and/or their affiliates.
- Our Platform may utilise third party services in the Platform to facilitate access to our Services, provide the Platform or Services on our behalf, perform Platform related services or to assist us in analysing how our Platform is used.
- We have no control over, and assume no responsibility for, the content, privacy policies, and/or practices of any third-party web sites, advertisements or services.
- You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5: DISCLAIMER AND EXCLUSION OF LIABILITY
- All the Non Fungible Tokens(NFTs) are discount coupons and membership tickets to Nyukia.com and associated services and do not give, issue or produce YIELD for the buyer.
- The Platform, Services, the information on the Platform and/or Services and use of all related facilities are provided on an “as is and as available” basis without any warranties whether express or implied.
- You agree that your use of the Platform and/or Services shall be at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the Platform and/or Services.
- You are responsible for following all applicable laws and regulations from the country in which you reside.
- To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Platform and/or Services and their contents, including in relation to any inaccuracies or omissions in the Platform and/or Services, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, usefulness, authority, accuracy, completeness, timeliness, non-infringement or implied warranties from course of dealing or usage of trade.
- We do not warrant that the Platform and/or Services shall always be accessible, uninterrupted, timely, secure, error free or free from computer virus, trojan horses or other invasive or damaging code or that the Platform and/or Services shall not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- While we may use reasonable efforts to include accurate and up-to-date information regarding the Services offered on the Platform, we make no warranties or representations as to its accuracy, usefulness timeliness or completeness and shall not be responsible or liable for any error or omissions in that information.
- We shall not be liable for any acts or omissions of any third (3rd) parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Platform and the services offered on the Platform, your access to, use of or inability to use the Platform or the services offered in the Platform, reliance on or downloading from the mobile Platform and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
- We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Platform and/or Services and these Terms and Conditions. For the purposes of these Terms and Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goods shall, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
- We shall not be liable for any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Platform and/or Services;
- We shall not be liable for any unauthorized access to or use of Third Party Materials, secure servers and/or any and all personal information and/or financial information stored therein;
- Any future release, update, or other addition to functionality of the Platform and/or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Platform and/or Services content must be retained on all copies thereof
- The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
- Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Platform and/or Services, or electronic mail transmitted to and from us, shall not be monitored or read by others.
- Without derogating from the abovementioned, in no event will the company, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the services or other materials on, accessed through or downloaded from the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the company shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you.
- You agree to indemnify and hold the directors, developers of and contributors to the Platform, harmless from and against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of:
- your use of the Platform and/or Services;
- any other party’s use of the Platform and/or Services using your login in details and/or any identifier number allocated to you by Us;
- your breach of any of these Terms and Conditions and/or of any applicable law,
- Your violation of any third party right, including without limitation any copyright, property, or privacy right;
- You agree to pay us damages, costs and interest in connection with such claim, action, suit or proceeding arising in Clause 7(i) (“Indemnity) of this Agreement.