TERMS OF SERVICE
LAST REVISED 08.03.23
These Terms of Service (the “Terms”) govern your access and use, whether personally or on behalf of an entity (“you” or “User”) of the www.lifeofhel.xyz website and other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). By accessing or using the Site, you accept these Terms on behalf of yourself and any entity that you represent, and you represent and warrant that you have the right and authority to do so. You further represent and warrant that are fully able and competent to enter into, and abide by and comply with, the applicable User License related to any NFTs (as defined herein) you acquire via the Site. If you do not agree with all of the provisions of these Terms, do not access, or use the Site. The Site and NFTs are copyrighted works of Nine Tails Ink, Ltd., doing business as Life of Hel ("LOH", “we”, “us”, or “our”). As part of the Site, LOH has developed tools which provide Users with the opportunity to purchase and collect cryptographically secure, non-fungible digital assets created by LOH and coded in conformity with a recognized non-fungible token standard having a Uniform Resource Identifier that identifies a file (“NFTs”) specifying particular artwork, graphics, images, designs, logos, drawings, photographs, text, taglines, video or audio recordings, or other metadata (collectively, “Metadata”). NFTs may be listed for sale periodically on the Site (each such sale a “Release”).
These Terms create a binding agreement that governs your access to, and use of the Site, including without limitation, the receipt of the NFTs purchased on the Site, your use of any software and services provided in connection with such NFTs, and any additional digital or physical offerings that may be made available by LOH in connection with such NFTs (collectively, the “Services”). Access to, and rights to display and use the Metadata (as defined herein) associated with an NFT are governed by a separate User License (the “User License”) that must be affirmatively acknowledged prior to receiving an NFT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. FOR FURTHER INFORMATION, SEE “DISPUTE RESOLUTION” BELOW.
These Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software and you will be subject to the terms of the User License. The laws of Singapore govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
Neither the Site nor any NFTs that may be purchased on the Site are intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, use of the Services may be limited or restricted. See “Restrictions” below for details.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Use of Smart-Contracts; Intangible Property. The NFTs available on the Site are digital assets created through the use of smart contracts developed by LOH and deployed on a blockchain network (the “Relevant Network”). The Relevant Network provides a ledger of all transactions that occur on that network, including transfers of NFTs. NFTs are owned by controlling the private key associated with the public address on the Relevant Network that is reflected in the ledger as maintaining such NFTs. NFTs will continue to exist as long as they are maintained on the Relevant Network (or the NFT has been recorded on another blockchain network). This means that all NFTs are outside of the control of any one party, including LOH. NFTs are nevertheless subject to many risks and uncertainties. In addition, the Metadata, which is the related artwork, graphics, images, designs, logos, drawings, photographs, text, taglines, or video or audio recordings or other work associated with an NFT, will be separately maintained by us or our subcontractors in a digital storage media of our choice.
Forks. In the event that there is a change to the operating rules of the underlying software protocol of the Relevant Network that results in two different branches of the Relevant Network (a “Fork”), the parties acknowledge and agree that copies of the NFTs will exist on both branches of the Relevant Network which may have an adverse effect on the value of the NFTs. LOH may, in its sole discretion, decide whether or not to support (or cease supporting) the NFTs on either branch of the forked software protocol entirely. You acknowledge and agree that LOH assumes absolutely no liability, obligation, or responsibility whatsoever in respect to the operation of underlying software protocols or an unsupported branch of a forked software protocol and you acknowledge and assume the risk of the same.
2. NFT PURCHASES
Register. To participate in Releases and purchase NFTs you will first need to register on the Site. To register you may be required to provide an email address and to be authenticated by clicking on a link sent to the email address provided.
Connecting a Wallet. To purchase NFTs on the Site, you will need to use a supported third-party wallet application (a “Wallet”), such as your MetaMask wallet, which will enable you to purchase and store NFTs.
Purchasing NFTs Generally. The Site allows you to purchase NFTs and display the related Metadata. NFTs will be initially sold via the Site, and you may purchase NFTs directly from us using certain digital assets for payment. In the event that sales of NFTs are sold via one or more modified auction processes (each, an “Auction”) you agree to abide by all rules and regulations in place for each Auction. Any payments or financial or other transactions, including transfers of NFTs from one public address on the Relevant Network to another address on the Relevant Network, that you engage in via the Site will be conducted either through the Relevant Network (in the case of transfers of NFTs) or through a third-party service provider, subject to the terms below. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions once made. Payments for NFTs processed through third party partners will be subject to separate terms and conditions, if any, associated with the use of those third party services. 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 Site, or any other payment or transactions that you conduct via the Relevant Network.
Secondary Transactions. NFTs purchased on the Site may be purchased, sold, and traded on third party NFT marketplaces (“Secondary Marketplaces”) that support NFTs. Secondary transactions on any such Secondary Marketplaces will be subject to the terms and conditions of such marketplaces. We will not be a party to any secondary transaction on any Secondary Marketplace. NFTs may not be compatible with all Secondary Marketplaces, and we make no guarantee about the availability or functionality of any Secondary Marketplace.
Commissions. Secondary transactions through Secondary Marketplaces involving NFTs created by us may be subject to a commission (a “Commission”) or other charge payable to us. Any such Commission will be specified in the User License.
OTHER THAN OUR OBLIGATIONS SET OUT IN THESE TERMS, YOU AGREE THAT WE:
Are not liable to you for the accuracy of any information posted on the Site by a User, or any failure by a User to comply with these Terms or any other legal obligation;
Have not made, and do not make any representation, guarantee, or warranty that any NFT will meet your requirements or expectations;
Are not liable or responsible for any increase or decrease in value of any NFT;
Have not made, and do not make, any promises (whether explicit, implied or otherwise) as to the value of any NFT, including whether the value of the NFT will increase or decrease in the future; and
Will not be responsible for the negligence or misconduct of other Users.
By accessing the Site, you acknowledge that the prices of collectible assets in general and NFTs in particular are volatile and subjective, and that we cannot guarantee that any NFTs purchased through the Site will retain any value, which may depend on a number of inherently subjective factors beyond our or their control, including the desirability of a particular NFT.
Transaction Fees. Every transaction executed through the Site requires the payment of a Relevant Network transaction fee payable in the native digital asset of the Relevant Network (each, a “Transaction Fee”). Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Transaction Fee for any transaction that you initiate through the Site.
Your 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, “Taxes”) associated with transactions executed by you through the Site. Except for income taxes levied on us, you 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.
Assumption of Risk. You acknowledge and agree as follows: (i) there are risks associated with blockchain-based assets like the NFTs, including, but not limited to, the volatility of price and the absence of liquidity (the ability to resell), the risk of loss of your NFT as a result of faulty hardware, software, and Internet connections and/or failures; the risk of the introduction malicious software; the risk that third parties may obtain unauthorized access to information stored within the wallet holding your NFT; and the risk of loss of your NFT due to loss of private key(s), custodial error, or purchaser error, and we will not be responsible for any of these, however caused; (ii) we do not make any representations, warranties, promises or guarantees, express or implied, about the availability of any NFTs on the Internet; (iii) upgrades to the Site, or the Relevant Network, a Fork in the Relevant Network, a failure or cessation of the Relevant Network, or a change in how transactions are confirmed on the Relevant Network all may have unintended, adverse effects on the NFTs; (iv) the NFTs are made available solely for collection and entertainment purposes; (v) we do not make any representations, warranties, promises or guarantees, express or implied, related to any third parties you interact with or their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; (vi) there also exists: (a) the risk of hacking, security weaknesses, fraud, counterfeiting, cyberattacks, and other technological difficulties; (b) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, or unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the use and value of any NFT; and (c) the risks related to taxation. In addition to assuming all of the above risks, you acknowledge that we cannot and do not represent or warrant that any NFT, or its supporting systems or technology, is reliable, current, or error-free, meets your requirements, or that defects in any NFT, or its supporting systems or technology, will be corrected. We cannot and do not represent or warrant that any NFT or the delivery mechanism for it are free of viruses or other harmful components. Transactions in NFTs are irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience related to any NFT. If the Metadata associated with an NFT is no longer maintained at the storage location indicated in the URI contained in the NFT, the market value of such NFT may be reduced or eliminated entirely.
3. SITE CONTENT
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Singapore, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Third Party Material in General. Under no circumstances will we be liable in any way for any Metadata or other content or materials of any third parties (including Users), including, but not limited to, 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 such content. You acknowledge that we do not pre-screen user-generated content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable.
4. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) your use of the Site will not violate any applicable law or regulation, (6) and you are not a citizen or resident of the United States of America.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Violate any applicable local, state, national, or international law, or any regulations having the force of law, which would involve proceeds of any unlawful activity.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Interfere with, disrupt, or create an undue burden on the Site, or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
6. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
7. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
8. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
10. TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We are not permitted to engage in any transactions with any person, entity, or country prohibited by any applicable export control and sanctions laws and regulations of the United States and any other applicable governmental authority, including without limitation, the U.S. Export Administration Regulations and U.S. sanctions regulations (“Export Control and Sanctions Laws”), including, without limitation, the prohibition against transactions with: (i) a national or resident of any country subject to U.S. sanctions or similar restrictions (currently, Cuba, Iran, Syria, North Korea, and the region Crimea), or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or other sanctions lists. You will not be permitted to receive an NFT from us if we learn that such action would be in breach of Export Control and Sanctions Laws.
12. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our Users to do the same. If you believe that any Metadata associated with an NFT available on this Site or that any other Content copies your work in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the LOH Copyright Agent see below (subject line: “DMCA Takedown Request”):
Nine Tails Ink, Ltd.
Attn: Copyright Agent
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Upon receipt of such an effective notification, we will remove the infringing material from the Site. However, if the infringing material consists of all or a portion of the Metadata associated with one or more NFTs, then although we may be able to remove the infringing material from the Site (which we control), it may not be possible for us to remove the infringing material from the storage location indicated in the resource locator contained in the NFT if another party has caused the infringing material to be replicated or “pinned” through one or more decentralized data storage Sites, including IPFS
THE SITE, THE NFTS AND ANY METADATA IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM, ANY NFT AND THE METADATA, AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE NFTS, THE METADATA, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY OBLIGATIONS UNDER THESE TERMS TO THE EXTENT CAUSED BY AN EVENT THAT IS BEYOND OUR REASONABLE CONTROL.
WE MAKE NO WARRANTY THAT (I) THE SITE, ANY NFT OR ANY METADATA WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR USE OF ANY NFT OR METADATA WITHIN THE NFT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY NFT OR ANY METADATA WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY NFT, ANY METADATA OR ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
CERTAIN INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, directors, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party arising out of or relating to your: (1) use of the Site, any NFT, or any Metadata; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
16. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Governing Law. These Terms and your use of the Site are governed by and construed in accordance with the laws of Singapore.
No Professional Advice. Any information provided by or on behalf of us, or by any User, through the Site (including these Terms) is for informational purposes only and should not be construed as professional, accounting, tax, or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or on any information provided by or on behalf of us or any User through the Site. Before you make any decision to purchase or sell any NFT, you should consider seeking independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
No Waivers. No failure or delay on our part in the exercise of any power, right, privilege or remedy under these Terms shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. We shall not be deemed to have waived any claim arising out of these Terms, or any power, right, privilege or remedy under these Terms, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of us, and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
Entire Agreement. These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Assignment. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Severability. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Relationship of the Parties. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site.
You agree that these Terms will not be construed against us by virtue of having drafted them.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: HELLO@LIFEOFHEL.XYZ.