NFT Sale Terms and Conditions
These terms and conditions apply to the NFTs sold by ZEAL NOVA DMCC (hereinafter referred to as "the Company"). Customers who purchase this NFT must agree to these terms. By purchasing this NFT, it is considered that the customer has agreed to these terms
Article 1 (Purpose and Services)
- The purpose of these Terms of Service shall be to set forth the terms and conditions for purchasing this NFT and the rights and obligations related to this NFT.
- Minors should only purchase this NFT after obtaining the consent of their legal guardians or other statutory representatives. If a minor uses this service by pretending to have obtained consent or falsely claiming to be of age, or uses deception to appear as a person with legal capacity, they cannot annul any legal actions related to this service.
Article 2 (Utilization of this NFT and related matters)
- Individuals wishing to use this NFT (hereinafter referred to as "Applicants") are required to agree to these terms.
- Individuals wishing to use this NFT (hereinafter referred to as "Applicants") are required to agree to these terms.
- In the event of utilizing this NFT, the applicant shall, under their own responsibility, manage their wallet's private key, information requisite for wallet restoration, and all other pertinent details associated with the utilization of this service (hereinafter referred to as the 'Wallet Information, etc.'). It is imperative for the applicant to institute necessary precautions to inhibit unauthorized access or misuse by third parties. The applicant shall be held wholly accountable for any and all actions executed using their Wallet Information, etc., whether by themselves or by a third entity
- Our company reserves the right to consider any actions undertaken using the Wallet Information, etc., as actions attributable to the Applicant responsible for managing the said Wallet Information, etc."
Article 3 (Secondary Use of this NFT)
Individuals currently in possession of this NFT (hereinafter referred to as the 'NFT Holders') may, conditional upon adhering to this agreement, and in accordance with specific terms and conditions set forth separately by our company for each NFT, engage in reproducing, public transmitting, modifying, adapting, or other secondary uses of the creative works related to this NFT, provided they are for non-commercial purposes. While our company does not immediately categorize activities as commercial or profit-making merely on the basis or potential of monetary gain, should the circumstances of the utilization lead us to later determine that it falls under commercial or profit-making activities, we may impose conditions on or limit the use of our game. Furthermore, when intending to use our game content for commercial or profit-making activities, it is imperative to notify our company through the methods we stipulate and to enter into a licensing agreement determined by our company or the copyright holder of the NFT.
Article 4 (Secondary Listing of this NFT)
- NFT holders can list and sell the NFT they own on OpenSea (referring to the web service accessible from https://opensea.io/ or its successor URLs; the same definition applies hereafter) or other third-party NFT marketplaces (hereinafter referred to as "NFT Marketplaces") in a process referred to as "secondary listing".
- If this NFT is secondarily listed on an NFT Marketplace and purchased by a third party, our company may receive a portion of the sales price of this NFT based on the rules established by the third party providing the NFT Marketplace. Please note that cancellations are not permitted after purchase.
- When NFT holders utilize an NFT Marketplace for secondary listing, they shall use the NFT Marketplace at their own cost and responsibility and adhere to the rules set by the third party providing the NFT Marketplace. Except in cases of our intentional misconduct or gross negligence, we bear no responsibility for the use of the NFT Marketplace.
Article 5 (Intellectual Property Rights, etc.)
- NFT holders may, subject to compliance with this agreement, possess, use, or engage in the secondary listing of this NFT as per the terms of this agreement.
- All intellectual property rights pertaining to the works associated with this NFT, including but not limited to text, images, software, and all other information (hereinafter collectively referred to as "Content"), belong to our company or the third party owning the rights. These rights encompass copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to obtain and/or apply for registrations of these rights; same definition applies hereafter).
- The transfer of this NFT through secondary listing shall not be interpreted as a transfer of these rights. We grant NFT holders the right to use the works associated with this NFT within the scope necessary to possess, use, or list this NFT secondarily, as per the individual terms we set for each NFT.
- We reserve the right to utilize (including but not limited to use, distribute, reproduce, modify, display, publish, etc.) any text, images, videos, software, data, or other information (hereinafter referred to as "User Material") posted, transmitted, displayed, etc., by NFT holders using this NFT and its associated works for the purposes of promoting this NFT or our company, in any format or medium.
- We also have the right to grant third parties permission to use said User Material. NFT holders grant us, as well as third parties as specified in the previous paragraph, the right to utilize the User Material freely, indefinitely, and unconditionally, and agree not to exercise any claims, including moral rights of the author, against the proper use of the User Material by us or the said third party.
- NFT holders guarantee that the User Material and its use by our company based on this agreement will not infringe upon third-party intellectual property rights, privacy rights, rights of likeness, or any other personal rights or interests. If a third party files a complaint, initiates legal action, or raises any other disputes concerning the User Material, the NFT holder agrees to resolve the matter at their own responsibility and expense.
- We bear no responsibility for such disputes. Furthermore, if we request an investigation into the dispute, the NFT holder agrees to cooperate with us.
Article 6 (Prohibited Acts)
- Applicants must not engage in the following actions:
- Acts violating laws, public order, decency, or these terms and conditions.
- Criminal actions, actions linked to crimes, or actions that assist or promote such behaviors.
- Infringing on the intellectual property rights, rights of likeness, privacy rights, or other personal and property rights of our company or a third party.
- Conducting reverse engineering, decompiling, or any other method to decipher the source code in an unfair manner or purpose.
- Illegally obtaining or illicitly reproducing the content.
- Unfairly discriminating against, defaming, or damaging the reputation or credibility of our company or a third party, or the NFT.
- Engaging in commercial activities without our company's consent.
- Actions causing damage to our company or a third party.
- Purchasing the NFT by citizens, residents, dwellers, or stayers of countries or regions where the purchase of the NFT is prohibited, restricted, or otherwise regulated by laws or regulations.
- Using the NFT and its related creations in violation of the rules set by a third party.
- Using the NFT and its related creations that include illegal, fraudulent, defamatory, slanderous, obscene, pornographic, blasphemous, threatening, abusive, hateful, aggressive, or unpleasant content.
- Disclosing or leaking confidential information of our company or a third party while using the NFT and its related creations.
- Using the creations related to the NFT without adding any new creativity.
- Any other actions deemed inappropriate by our company.
- 2. If our company determines that an Applicant has violated the preceding clause, we may suspend, restrict, or terminate the use of all or part of this NFT for the said Applicant, and take any other measures that our company deems necessary.
- 3. If the Applicant violates the first clause, our company may claim compensation from the said Applicant for all damages incurred by our company due to the said violation, including reasonable attorney fees.
Article 7 (Exclusion of Antisocial Forces)
- Applicants declare that they do not fall under the category of antisocial forces and guarantee that they will not be categorized as such in the future.
- Applicants pledge not to engage in, either directly or through a third party, any of
the following acts:
- Making violent demands.
- Making unreasonable demands beyond legal obligations.
- Making threatening statements or using violence.
- Spreading rumors, using deception, or exerting force to discredit our company, or interfering with our company's operations.
- Engaging with antisocial forces in any manner or form.
- Applicants shall cooperate within a reasonable scope in periodic investigations conducted by our company to ensure that those mentioned in the preceding paragraph are not antisocial forces. They shall provide documentation or other materials requested by our company for valid reasons.
Article 8 (Disclaimer)
- If NFT holders list and sell their NFT on the NFT marketplace, our company assumes no responsibility for the contract between the NFT holder and the recipient of the NFT. The responsibility lies solely with the NFT holder.
- Except in cases of intentional misconduct or gross negligence on our part, we are not responsible for any damages suffered by the Applicants due to unauthorized access, computer virus intrusion, or any third-party actions during the use of the NFT.
- Except in cases of intentional misconduct or gross negligence on our part, we are not responsible for any damages suffered by the Applicants due to issues caused by telecommunications providers, electric service providers, or other businesses.
Article 9 (Liability for Damages)
The scope of our company's liability for damages towards Applicants is limited to the direct and actual ordinary damages suffered by the Applicants. Moreover, it shall not exceed the total purchase price of the NFT received from the said Applicant. However, this does not apply if there is intentional misconduct or gross negligence on our part.
Article 10 (Prohibition of Transfer of Rights and Obligations)
Except where our company permits it under separate terms and conditions, Applicants shall not transfer, assign, create a security interest in, or otherwise dispose of their position under this contract or any rights and obligations based on this contract or these terms, to a third party without the prior written consent of our company.
Article 11 (Amendment of These Terms)
- We reserve the right to change these terms whenever we deem it necessary, without the consent of the Applicants. The Applicants acknowledge and agree to this in advance. Even if the changes result in disadvantages or damages to the Applicants, we shall not be held responsible.
- If we amend these terms, we will notify the Applicants of the fact that changes have been made, the contents of the changes, and the date the changes will take effect, using a method we consider appropriate and at least two weeks prior to the date of effectiveness. Moreover, the revised terms will be posted on a website designated by us or another appropriate location. However, if the changes to the terms have a significant negative impact on the Applicants or in other cases deemed necessary by us, we will notify the Applicants in advance.
- Users are obligated to periodically check these terms and stay updated on any changes. If an Applicant does not agree with all or part of the changes made to these terms, they may terminate the contract by notifying us through the procedure we specify, by the day before the changes take effect.
Article 12 (Severability)
Even if a portion of these terms is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
Article 13 (Governing Law and Jurisdiction)
These terms shall be interpreted in accordance with the laws of the United Arab Emirates (UAE). Any and all disputes arising out of or in relation to these terms shall be exclusively subject to the jurisdiction of the courts stipulated by the Dubai Multi Commodities Centre (DMCC) as the court of first instance.
Established on October 19, 2023