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Legal

Terms of use

 

These Terms of Use ("Terms of Use") are governed by AVATARA (hereinafter referred to as the "Company") specifies the rights, obligations, responsibilities and other necessary matters of the Company and its users (hereinafter referred to as the "User" or "User") regarding the use of the website, mobile application and all other services related thereto (hereinafter referred  to as the "Service").

 

By using the Services, you acknowledge that you are an adult with legal capacity to use the Services, and you fully understand and agree to these Terms of Use.

If you do not agree to these Terms of Use or are minors who do not have the legal capacity to use the Services, you should not use the Services.

 

Notice of Arbitration: These Terms of Use are subject to binding arbitration and are subject to a voluntary waiver of the right to bring a class action as set forth herein, and you agree to abide by such waiver in order to resolve any dispute with Company.

 

The Company posts the contents of the Terms of Use in the service or on the connection screen so that the user can know them, and when the user clicks the Agree button of the Terms of Use, it is deemed that the user agrees to the Terms of Use.

The Company may change or modify the Terms of Use at any time in accordance with relevant laws and discretion, and if changes are necessary, the changes and effective dates will be indicated for confirmation.

By continuing to use the Services after the revised Terms of Use are posted, you acknowledge and agree to the changes to the Terms of Use. If you do not agree to any changes to these Terms of Use, you acknowledge and agree that your sole and exclusive remedy is to discontinue using the Services.

 

You agree to enter the Terms of Use electronically and to electronically store records related to these Terms of Use.

 

  1. definition
  1.   "Digital Assets" means data issued based on blockchain technology and cryptocurrencies, tokens, coins, NFTs and other digitized assets, including but not limited to blockchain technology and cryptocurrencies, tokens, coins, NFTs and  gaming tokens on the blockchain.
  2. "Service" means a wallet, which is an online wallet service based on blockchain technology that allows users to manage, trade and exchange digital assets through mobile applications and websites, and store private and public keys necessary to manage, trade and exchange such digital assets.
  3. "Private Key" means a code generated by a random combination of numbers and letters, which is used instead of the User's signature to open a Digital Property account or to trade Digital Assets.
  4. "Public key" refers to a code generated by randomly combining numbers and letters paired with a private key, and is used as a data verification tool, such as signing a private key, for example, in digital asset transactions.
  5. "Trading Password" means a user-assigned password for the security required when trading Digital Assets.
  6. "Nickname" means the name entered by the User for use within the Service in place of the Public Key.
  7. "Secondary Password" means a password that you can optionally create and use to verify your Account Information if you lose or forget your original password.
  8. "Affiliate Services" means digital asset issuance services that can be managed and traded using the Services.

 

  1. account
  1. If you have the legal capacity to use the Services and there are no restrictions on your use of the Services under the laws of your country of residence, you may agree to these Terms of Use and register for a valid account.

If you do not have the legal capacity to use the Services, if prohibited by the laws of your country of residence, or if you do not agree to these Terms of Use, you may not use the Services.

  1. In order to use the Service, the User must register a valid account, and the User may register an account using an account with a third-party service provider that is permitted by the Company.

The Company hereby reserves the sole discretion to add, change or delete lists of Third Party Service Providers.

The data of users collected by the Company through account registration will be processed safely and appropriately in accordance with the Company's Privacy Policy, and data provided by the Company to third parties to trade or exchange digital assets through the Services will be processed in accordance with the Company's and the third party's privacy policies.

  1. The Company may refuse or restrict the User's use of the Service or register for an account, and may suspend or restrict the User's use of the Service in whole or in part, if the User falls under or is expected to fall under any of the following:
  1. If you do not have the legal capacity to use the Services;
  2. If the user provides false information or fails to provide the information requested by the company
  3. the use of the Services is prohibited under the laws of your country of residence or there is a potential risk of violating any law;
  4. If you are involved in money laundering or other criminal activity or have reasonable suspicion
  5. Residents of countries where the Company has not provided the service, or use the service through unusual or circumventive methods in the country where the service has not been provided
  6. Your account registration violates any applicable law or regulation
  7. Stealing someone else's information or device
  8. In other cases where consent is judged to be inappropriate for reasons corresponding to each subparagraph
  1. You are responsible for keeping your account login information confidential and are solely responsible for the use of your account. You may not use another user's account or allow anyone else to use your account. You acknowledge and agree that you are solely responsible for all actions taken in connection with your account (including, without limitation, the sale, exchange of digital assets, and other activities that may occur), and the Company shall not be liable for any loss or damage that may arise therefrom. The Company shall not be liable for any losses arising from fraudulent or other unauthorized access to or use of the User's Account.

 

  1. Service
  1. Users may keep acquired digital assets (including but not limited to game tokens and NFTs) in their accounts based on their private keys within the Services.
  2. You may exchange your Digital Assets for other types of Digital Assets supported by the Service. Fees and policies related to the exchange of digital assets are determined by the applicable policies of the relevant digital asset issuer that the user may access within the service.
  3. You may trade digital assets of the Services with other digital assets through services provided by authorized third parties, and such transactions will be made in accordance with the terms and conditions of such third parties.
  4. You may use the recipient's public key or nickname to transfer digital assets to another user account within the Services.
  5. The Company shall not be liable for any transaction errors that may occur due to reasons attributable to the User, such as the loss or incorrect placement of the transaction password, errors in entering the public key or nickname, and the User acknowledges and agrees that the User is fully responsible for any loss of value and other losses that may occur as a result of the transaction activity.
  6. Even if you maintain the digital assets in your account on the Service, all rights to such digital assets will always be with you and will not be assigned or transferred to the Company, and you will be at risk of losing them.

The Company shall not be liable for any loss of digital assets that may occur for any reason, including but not limited to errors in the relevant underlying blockchain protocol or the security of network operations.

 

  1. Your obligations
    1. Users may not use the following nicknames when using the Service. If the user uses a nickname that falls under any of the following, such nickname may be changed at the Company's sole discretion, and some or all of the Services may be restricted.
      1.  Nicknames that can offend other users
      2.  Nicknames that demean or disparage a group of people, races, or religions
      3. Nicknames that may infringe the trademark rights of third parties or may be considered advertising
      4. Nicknames that may be mistaken for being associated with the Company or its affiliates
      5. Nicknames that impersonate other users
      6. Nicknames for the purpose of interfering with the provision of the Company's services or hindering the Company's profits
    2. Users shall not engage in the following acts when using the Service. If there is a reasonable suspicion that the User has or intends to do any of the following, the Company may restrict part or all of the Services or terminate the contract related to the User.
      1. Any action that may cause interruption or failure of the Services.
      2.  Acts that infringe the intellectual property rights of the Company, affiliated service providers, or other third parties;
      3. Use the Services for the purpose of enriching or harming users or others in an unfair way;
      4. lending or transferring the right to use the Services to another person or granting access to a transaction password or secondary password.
      5. Stealing or illegally accessing other people's information to use the Services
      6. Install illegal software or code or technically defeat security measures within the Services, including disseminating or discussing how to do so;
    3. Users shall not store their trading passwords or secondary passwords on websites or locations that can be easily accessed or stolen by third parties, and shall securely store their trading passwords and secondary passwords through appropriate means. If you enter your password incorrectly more than the allowed number of times, your trading activity may be suspended for up to 24 hours.

 

  1. Licenses and Intellectual Property
    1. You acknowledge that all copyrights, trademarks and other intellectual property rights related to all materials provided on the Services are owned or licensed to Company.
    2. You understand and agree that your rights granted under these Terms of Use are personal, non-exclusive, non-transferable, and non-sublicensable to use the Services.
    3. The User shall not cancel or disable the security measures applied to the Service at the User's discretion or engage in reverse engineering or hacking of the Service.
    4. The User shall not use the Service or any materials contained therein for any other purpose, such as reproduction, transmission, distribution, or other purposes, or permit any third party to use the Service or any materials contained therein for his/her own commercial purposes unless otherwise written consent is obtained from the Company. In addition, you may not rent, sublicense, sell, assign, mortgage or transfer the Services or any materials contained therein, or remove, conceal or alter the content of the Services, proprietary intellectual property rights, and other rights related thereto.  
    5. When using the Services, you shall not create or use the same or similar to the names, trade names, trademarks, or other marks that display the goods or services of the Company or any third party, or represent the business, such as the names, trade names, and trademarks of the Company and its third-party service providers.

 

  1. Privacy Policy
    1. When providing services, the Company may collect, process, use or provide users' personal data in accordance with the Company's Privacy Policy.
    2. By using the Services, you consent to the Company's collection, processing, use or provision of your personal data in the manner set forth in the Company's Privacy Policy.  If the user does not agree to the Company's privacy policy, the use of this service will be restricted.
    3. You agree that the Services may not be provided privately or securely and that Company makes no warranties of any kind. You are responsible for taking necessary and appropriate precautions and safety measures before using the Services.

 

  1. Provision of advertisements

The Company may operate the user's convenience and service and place advertisements within the Service. In addition, only members who have agreed to receive advertising information may be sent by e-mail, text service (LMS/SMS), push notification, etc. In this case, the user may refuse to receive it at any time, and the company will not send advertising information when the user refuses to receive it.

You may be linked to advertisements or services provided by others through banners or links in the services provided by the Company.

If you are connected to an advertisement or service provided by another person, the Company does not guarantee reliability, stability, etc. because the service provided in that area is not the service area of the Company, and the Company is not responsible for the User's damage caused thereby, and you acknowledge and agree that you are responsible for any loss or damage that may occur directly or indirectly.

 

  1. Service interruptions and changes

The Company may discontinue some or all of the Services in the following cases: In this case, the Company may notify the User in advance of the reason and duration of the suspension using appropriate means. However, if there are unavoidable circumstances that cannot be announced in advance, it may be announced after the fact.

    1. When it is necessary for system operation such as regular system maintenance, expansion and replacement of servers, network instability, etc.
    2. When normal service cannot be provided due to power failure, failure of service facilities, congestion in service use, repair or inspection of facilities of key telecommunication operators, etc.
    3. In the event of wartime, incident, natural disaster, or equivalent national emergency, etc. that are beyond the Company's control
    4. When it is necessary to respond to the instability of services that the company did not expect, such as electronic infringement accidents such as hacking, telecommunications accidents, abnormal usage behavior of users, etc.
    5. In case of inability to service due to enactment or revision of related laws, such as interruption of the digital asset market

 

  1. indemnity

The Company does not guarantee the continuation of the Company and the Services, that the details of the Services will be eternal.

The Company does not guarantee the legality, integrity, safety, or accuracy of any websites, services, etc. accessible through third-party platforms that are not directly provided by the Company.

The Company is not responsible for any deletion, loss, problem or corruption of data or information related to the Company's services or equipment.

The Company's services do not guarantee the integrity of the blockchain network, and when trading digital assets, the user himself must confirm the results of such transactions.

The Company does not predict or guarantee the profit or loss of digital assets acquired or disposed of through the Company's services, and is not responsible for the results.

We will not be liable for any loss or damage of any kind incurred by the User as a result of the unauthorized use of third parties or the loss of trading passwords, secondary passwords, as a result of the measures or inactions taken by the User to manage his/her account.

The Company is not responsible for errors in the transmission of digital assets caused by the user's negligence (such as misentering the public key or nickname).

Depending on the circumstances, your use of the Services may be suspended for technical or maintenance reasons, and you agree that the Company will not be liable for any loss of information, data, transactions or other information and data resulting from the inability to use the Services or the suspension of use of the Services.

The Company shall not be liable for any damage to the User caused by unauthorized access to the Service, the penetration of computer viruses, or the actions of third parties.

The Company is not responsible for any disputes between the User and a third party due to the use of the Service.

The Company shall not be liable for any direct or indirect damages caused by device malfunctions, errors, or information disclosure caused by malware, spyware, viruses or hacking by users or third parties.

The Company may modify or change the services provided as necessary, and shall not be liable for intangible direct or indirect damages.

If you use the Services provided through a Third Party Platform, you must fully understand, review and agree to the terms and conditions of the other company and assume full responsibility for any damage and risk that may arise from using them.

If you complain about any part of the Services or the terms and conditions of the Agreement, your sole and exclusive remedy is to stop using the Services.

 

  1. revocation
    1. The Company reserves the right to suspend or terminate the User's access to the Services (including deletion of account information) and to cancel the restricted rights granted to the User at any time without prior notice. In such event, the Company shall have no obligation to provide refunds, benefits or other compensation to the User in connection with such suspension or termination.
    2. If the Company determines that the User has committed a serious violation of these Terms of Use (including repeated non-material violations), the Company may terminate or delete the User's account without prior warning.  Company may also suspend or terminate your account for any other reason the Company deems, in its sole discretion, appropriate.
    3. If the User Account does not have any Digital Assets, the User may terminate these Terms of Use by terminating his/her account on the Service. Closed accounts cannot be used to re-register for the service.

 

  1. Severability

 

If any part of these Terms of Use is found to be illegal, void or unenforceable pursuant to applicable local law or jurisdiction of the applicable court, that provision will be severed and the remaining Terms of Use will continue in full force and effect.

 

  1. Dispute Resolution and Governing Law

1) If you are a resident of the United States, any dispute or claim arising out of or relating to the Terms of Use or your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its choice or conflict of laws rules. Any dispute or claim arising out of or relating to these Terms of Use or your use of the Services and not subject to the arbitration agreement under Section1 3 shall irrevocably be submitted to the exclusive jurisdiction and venue of the state or federal courts located in Los Angeles County, California.

2) If you reside in any other country, any dispute or claim arising out of or in connection with the Terms of Use or your use of the Services shall be governed by and construed in accordance with the laws of Singapore without giving effect to any choice or conflict of law principles, and shall irrevocably submit to the exclusive jurisdiction of the courts of Singapore.

3) If you have a claim against the Company in relation to the Terms of Use or the use of the Service, it is recommended that you contact the Company's customer center to request resolution.

If the parties cannot reach an agreement within 30 days of initial contact, the parties may refer the dispute to the Singapore International Arbitration Centre in accordance with the SIAC's arbitration rules. The arbitration will be held before a single arbitrator jointly selected by the parties. If the parties cannot agree on an arbitrator, either party may request the SIAC to appoint an arbitrator.

 

  1. Dispute Resolution and Binding Arbitration for U.S. Residents

1 Notwithstanding Section 2, if you are a resident of the United States, you and Company agree to resolve all disputes and claims through binding arbitration in accordance with this section.

  1.  Any dispute, claim or controversy arising out of or relating to the Terms of Use or the relationship between you and the Company will be determined exclusively by binding arbitration. However, the dispute does not include claims regarding infringement, protection or validity of intellectual property rights, or claims brought in small claims court.  
  2. The parties may elect to have their dispute finally and exclusively resolved through binding arbitration. A party seeking arbitration must first notify the other party of the written notice of dispute by certified mail by address NXIO Pte., Ltd. should be sent to The notice must describe the nature and basis of the claim or dispute, and sets forth the