(Last Modified: [ August 2022])
1.1 These Terms of Use (“Terms”) form a contract between you (“your” or “User(s)”) and BC Innovation Pte. Ltd. (the “Company”, “us”, “we” or “our”), a company incorporated in Singapore, and governs your access to and use of the Bit.Country platform (“Platform”). The Platform includes the website https://pioneer.bit.country, Marketplace, APIs, documentation, software, updates, features, tools, and any materials and services made available from time to time by us.
1.2 By using, visiting, accessing or registering an account with the Platform (where applicable), you agree to accept and be bound by the terms and conditions set out in these Terms and the policies referenced herein and/or available by hyperlink. Please read these Terms carefully and in its entirety.
1.3 You agree that by connecting your cryptocurrency wallet or by clicking “Sign Up”, “Login”, “Purchase” or any similar buttons, accessing, registering or using our services in any way, you are entering into a legally binding agreement with us. By doing the above, you also agree that you have accepted our Privacy Policy, and other terms that may be displayed to you at the time you access the Platform.
2.1 In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:
“BC Content” means the visual interfaces, graphics (including, without limitation, all artwork and drawings associated with Platform), design, systems, methods, information, computer code, software, "look and feel", organization, compilation of the content, code, data, and all other elements of the Platform (but excluding theUser Content, andThird Party Content).
“Intellectual Property Rights” includes all the worldwide rights, titles and interests including but not limited to copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in software, database rights, rights in confidential information (including know-how), patents, rights to inventions, trade secrets, and all other intellectual property and similar rights which subsist or will subsist now or in the future in any part of the world.
“Marketplace” means the NFT marketplace on our Platform which allows Users to buy, sell or otherwise trade NFTs with other Users.
“NFT(s)” means non-fungible cryptographic tokens that have been generated and issued by us on the Platform or that are to be otherwise used in conjunction with the Platform or any associated services provided by us.
“Personal Data” means any data, whether true or not, about an individual who can be identified (a) from that data; or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time.
“Primary Sale” means the first sale of the relevant NFT after its creation;
“Privacy Policy” means our privacy policy located at https://bit.country/privacy-policy.html;
“Secondary Sale” means each subsequent sale of the relevant NFTs after the initial Primary Sale;
“Third Party Content” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment, or components of relating to the Platform that are not proprietary to us.
“Third Party Service Provider(s)” means any third party service provider which provides services which are necessary in order for us to operate the Platform and/or provide any associated services to you and any third party service provider which we engage in relation to the storage and/or processing of content and Personal Data.
“User” means any person that uses the Platform and/or the associated services, including NFT holders.
“User Content” means all content that the relevant User may submit to the Platform or otherwise transmit via the Platform.
3.1 NFT Sales
3.1.1 The Platform allows you to purchase NFTs from us or other Users in a Primary Sale or Secondary Sale.
3.1.2 Offers made by you on the Platform are legally binding, revocable offers to purchase an NFT, capable of immediate acceptance by us or the NFT holder (as the case may be). By making an offer, you agree to temporarily send and lose control over an amount of offered cryptocurrency to a smart contract. The smart contract may be configured to hold the offered currency until either (a) the offer is accepted by the seller; (b) a higher offer is received; or (c) the offer is revoked.
3.1.3 Upon the sale of the relevant NFT, if you are an unsuccessful bidder, the offered cryptocurrency will be released back to you. The Platform or the NFT holder (as the case may be) has the unilateral authority to accept the bid.
3.1.4 For the avoidance of doubt, bids placed during an auction cannot be cancelled. Therefore, if you have won the bid, the auction transaction will be processed accordingly.
3.2 NFT Platform Fees
Unless otherwise expressly specified, the Platform shall collect up to 5% of the total sale price for the sale of each NFT each time (i) an NFT is sold in a Primary Sale by a User; and (ii) an NFT is transferred from one NFT holder to the next holder in a Secondary Sale (“Platform Fees”). You agree to the automated collection and disbursement to the Company of such Platform Fees.
3.3 Gas
The relevant decentralized blockchain platform may require the payment of a fee (“Gas”) for every transaction that occurs on it. Unless otherwise expressly specified, you acknowledge and agree that you will incur the Gas in relation to each and every transaction associated with you via your use of the Platform. You acknowledge and agree that under no circumstances will a contract, agreement, offer, sale, bid, and/or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas for the given transaction was unknown, too high, or otherwise unacceptable to you. You also acknowledge and agree that Gas is non-refundable under all circumstances.
3.4 Taxes
You are solely responsible for determining the amount of applicable taxes for the transactions you carry out on the Platform and will be solely responsible to pay any and all sales, use, value-added and other taxes and/or duties claimed or imposed by any governmental authority associated with your ownership of any digital assets, and your use of the Platform.
3.5 No Refunds
All transactions on the Platform are final and all fees are non-refundable except at the sole discretion of the Company (for Platform Fees and other fees within its control only).
4.1 Eligibility
You represent and warrant that (i) you are more than 18 years of age, (ii) you have not been restricted by us in using any of the Platform, selling or purchasing any goods (including any digital assets) on the Platform; and (iii) you are otherwise fully able and competent to accept, abide and comply with these Terms of Use.
4.2 Personal Data
Save that we will comply with all applicable law relating to data privacy (including the Personal Data Protection Act 2012 of Singapore). Nothing in these Terms shall be deemed to impute an obligation of confidentiality on us with respect to your registration information. If required by law (including a court order and a government or regulatory demand or requirement having the force of law), we will disclose such information, including but not limited to your registration information, as so ordered. For detail of our Privacy Policy, you can view it herehttps://bit.country/privacy-policy.html
4.3 Security
For security purposes, including the investigation of whether any User is using the Platform for fraud, money laundering, insider trading and/or other unlawful activity, we have the right, and sole discretion, to immediately:
a. restrict your access to the entire Platform or parts thereof;
b. suspend the provision of any services to you;
c. report your activity to the relevant law enforcement officials and provide evidence in support for such officials to conduct their investigations; and/or
d. take any action which we deem appropriate to the circumstances.
4.4 Accounts and passwords
Where applicable, you are solely responsible for the management of your account, wallet and password(s). You are solely responsible for restricting access to your computer(s) and maintaining the confidentiality and security of your account, login details, passwords, seed phrase, and all activities that occur under your account. Where you have an account with us, you must notify us in writing immediately if you become aware of any unauthorised use of your account or password. You agree that the account will be used by you only and will not be shared with or transferred to others. You are solely responsible for any activity on the Platform arising out of any failure to keep your password(s) confidential and you may be held liable for any losses arising out of such a failure. We cannot and will not be liable for any loss or damage arising therefrom.
5.1 We reserve the right, at any time to:
5.1.1 require you to provide additional information and documents at the request of any competent authority or in accordance with any applicable laws and regulations in relation to anti-money laundering or combating the financing of terrorism;
5.1.2 share submitted information and documentation to third parties to verify the authenticity of the submitted information and you agree to this by using the Platform; and
5.1.3 suspend and/or terminate your account, withhold, suspend, restrict or terminate our provision of services to you or your access to the Platform or any transactions carried out by you (whether partially or fully completed) on the Platform, if you do not promptly provide us with the requested information or upon our discovery of any actual or suspected fraudulent activity, money laundering, criminal activity, and/or acts that are contrary to these Terms.
5.2 You have the sole responsibility of ensuring that you have the legal rights in accordance with applicable laws to engage in any and all transactions carried out on this Platform. To make sure all transactions are legally compliant, we may (but we are not obliged to) review the legality of the transactions carried out by you and take necessary actions in accordance with applicable laws and regulations.
6.1 Unless otherwise specified, this Clause 6 shall apply.
6.2 BC Content is owned by us, or our licensors, and is protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant Intellectual Property Rights and proprietary rights, and applicable laws. You can only use our Intellectual Property Rights for the specific purpose of using the Platform.
6.3 These Terms do not convey any proprietary interest in or to our Intellectual Property Rights.
6.4 Subject to your compliance with these Terms, we grant you a personal, limited, non-transferable, revocable and non-exclusive license to access and use the BC Content in relation to the use of the Platform, and related features and services, for non-commercial purposes for the duration of the Term.
6.5 To the extent that Users mint or own any NFTs with underlying works that comprise of our BC Content, we hereby grant you, for the duration that you are the rightful owner of the NFT (notwithstanding any termination of these Terms with you), a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to use the work on the Platform for non-commercial purposes and for the following purposes:
6.5.1 promoting, sharing, commenting, discussing your rightful ownership of the relevant NFT, or interest in the work (eg. on social media platforms, blogs, digital galleries, decentralised virtual worlds, galleries, museums, virtual environments, and any other internet-based media platforms); and
6.5.2 (where applicable) displaying on the Platform, Marketplace, [third party exchanges, platforms or marketplaces] or applications in association with an offer to sell, or trade, the NFT associated with the underlying work.
6.6 Other than the purpose stated in clause 6.5 above, Users shall not use BC Content for commercial purposes, including selling copies of the BC Content, selling access to the BC Content, selling derivative works incorporating the BC Content, or commercially exploiting the BC Content via other means (unless expressly permitted by us). Users shall not:
6.6.1 modify, distort, mutilate, or perform any other modification to the BC Content which would be prejudicial to our or the artist’s/author’s honor or reputation;
6.6.2 use the BC Content to advertise, market, or sell any third party product or services;
6.6.3 use the BC Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech, offend good taste or decency or otherwise infringe upon the rights of others;
6.6.4 incorporate the BC Content in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by us;
6.6.5 sell or distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the work which contains BC Content;
6.6.6 attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in BC Content or to the work which contains BC Content;
6.6.7 attempt to mint, tokenize, or create an additional cryptographic token representing the same BC Content or the work which contains BC Content, whether on or off of the Platform;
6.6.8 falsify, misrepresent, or conceal the authorship of the BC Content; or
6.6.9 otherwise utilize the BC Content for the NFT holder’s or any third party’s commercial benefit.
7.1 You may provide, submit, upload, exchange, make available or transmit your User Content to us for the purpose of it being used on the Platform, for the issuance of a corresponding NFT, or for use by any Third Party Service Providers. You have and will retain sole ownership rights to all of your User Content. However, notwithstanding the termination of these Terms, when you submit your User Content to us, you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, access, host, store, cache, reproduce, publish, display, distribute, perform, transmit, modify, adapt, and create derivative works of your User Content, without any further consent, notice and/or compensation to you or others, subject to the relevant legislations and the Privacy Policy, for the purposes of providing you with the Platform and associated services, improving our Platform, developing, advertising and carrying out research for the improvement of the Platform and associated services.To the fullest extent possible, the User who is an author or creator of its User Content shall waive all moral rights in and to such User Content submitted to or otherwise transmitted via the Platform.
7.2 All User Content transmitted through the services is the sole responsibility of the User from whom such User Content originated. We do not verify the veracity of, nor do we validate or endorse, any User Content posted or supplied by you or any third party provided to us. You warrant that:
7.2.1 your User Content will not infringe upon or violate the rights of any third party, including, without limitation, any Intellectual Property Rights;
7.2.2 you have obtained any and all necessary consents, permissions and/or waivers from any and all persons appearing in your User Content in order to include their name, voice, image, likeness in your User Content prior to publishing the same on the Platform; and
7.2.3 your User Content does not and will not create any liability on our part, our subsidiaries, affiliates, successors and assigns and their respective employees, agents, directors, officers and/or shareholders.
7.3 Where you use your User Content to mint any NFTs, notwithstanding the termination of these Terms, you hereby agree to grant, or procure to be granted, to any rightful holder of the NFT a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to use your User Content on the Platform for non-commercial purposes and for the following purposes:
7.3.1 promoting, sharing, commenting, discussing their rightful ownership of the relevant NFT, or interest your User Content (eg. on social media platforms, blogs, digital galleries, decentralised virtual worlds, galleries, museums, virtual environments, and any other internet-based media platforms); and
7.3.2 (where applicable) displaying on the Platform, Marketplace, third party exchanges, platforms or marketplaces or applications in association with an offer to sell, or trade, the NFT associated with the underlying User Content.
7.4 If you wish to dispute any BC Content or User Content uploaded by other Users, or feel that such Content is false, intentionally misleading, defamatory, offensive, or infringes upon your rights (Intellectual Property Rights or otherwise) you may communicate directly with us for the purposes of verifying the Content or requesting a takedown of the Content from the Platform. We can be contacted atdispute@bit.country. In relation to User Content, you agree that upon our release of the user name (or similar handle) of the relevant User to you the discretion of which lies solely with us, you shall waive and release any and all claims, actions or otherwise which you have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns in relation to the same.
7.5 We reserve the right to, in our sole reasonable discretion, remove any BC Content, User Content and/or NFT listing or display from the Platform or the Marketplace at any time, and for any reason, without notice. You acknowledge and agree that the Company shall not be liable for any damages arising from such removal. We are also not obligated to back up any User Content.
8.1 You warrant that you will comply with any and all rules, regulations and/or applicable laws and regulations governing the practice of law in your jurisdiction in connection with the use of the Platform.
8.2 You warrant and undertake not to:
8.2.1 use the Platform other than as authorised and in accordance with these Terms;
8.2.2 copy our content for any other purpose that is not envisaged within these Terms;
8.2.3 copy, modify, translate or create derivative works of our content or the Platform or any part thereof;
8.2.4 send spam, unwelcomed communications, or material that is against public interest, order, national harmony or offends good taste and decency, to others, or act in an unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable manner as determined by us, through or in connection with the use of our Platform;
8.2.5 use any device, software, routine or use the Platform in any way that interferes with any application, function, or use of the Platform, that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication, including but not limited to our security mechanisms of the Platform;
8.2.6 reformat, frame or mirror the Platform;
8.2.7 decompile, disassemble or reverse-engineer the underlying software or application that is part of the Platform or otherwise attempt to derive its source code;
8.2.8 use the Platform either directly or indirectly to support any activity that is illegal, fraudulent, abusive and/or amoral including but not limited to violating our Intellectual Property Rights or that of others;
8.2.9 use the Platform in such a way or attempt to commercially exploit any part of the Platform without our permission, including without limitation, to modify any of the Platform’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
8.2.10 access and/or use the Platform for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
8.2.11 breach the ‘Community Guidelines’ found in Annex A to these Terms and/or any other policy governing User behavior published by us from time to time; and
8.2.12 authorise any third parties to do any of the above.
9.1 Unless expressly provided for in writing by the Company, the Platform, the related services and the digital assets on the Platform are provided on an ‘as is’ and ‘as available’ basis without warranties or conditions of any kind, either express or implied.
9.2 You acknowledge and accept that we are not licensed or regulated under the laws or regulations of any jurisdiction (including that of the Republic of Singapore). You represent and warrant that your use of the Platform does not violate any law of your relevant place of domicile and jurisdiction, and no further consent or approval from any governmental authority is required in connection with such use of the Platform, and even if there are additional requirements or restrictions related to such use of the Platform, you agree to comply with, and shall be solely responsible for complying with, any such laws or regulations. You represent and warrant that your use of the Platform does not implicate or otherwise give rise to any legal or regulatory obligations on our part in respect of the laws of your relevant place of domicile and jurisdiction.
9.3 You acknowledge and agree that cryptographic tokens are recorded and maintained on a decentralized blockchain platform; therefore, the Company does not guarantee that it can/will transfer the ownership of the relevant cryptographic token (including NFTs) to you upon purchase.
9.4 Access to the Platform
9.4.1 We will endeavour to the best of our abilities, within commercially reasonable means, to ensure that the Platform is available at all times.
9.4.2 Notwithstanding the foregoing, we (a) do not warrant that your use of the Platform will be uninterrupted or error-free or that the Platform will meet your requirements; (b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet; (c) shall not be responsible for non-performance of the Platform caused by any use that is contrary to our Terms, instructions, or modification or alteration by any party other than us or our representatives, and will only provide support to correct such non-performance at our sole discretion; and (d) shall not be responsible for any loss or damage arising from your failure to keep your passwords secure and confidential.
9.4.3 You acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of such facilities.
10.1 You acknowledge and accept that the risk of lack of market acceptance and adoption, market volatility, lack of a secondary market for trading and/or restrictions on trading in a secondary market, unforeseen software bugs, volatile price fluctuations of the resources used, cybersecurity issues or disruptions remain, and the Company shall not be liable to you for any loss, damage or delay caused by the delay or failure of the Platform, the trading of NFTs on the Marketplace, cyber hacking, fraud or any form of cybercrimes committed against the Company, the Platform or you in respect of all matters.
10.2 The regulatory status of cryptographic tokens, including cryptocurrencies, NFTs, digital tokens and assets and blockchain technology is unclear or unsettled in many jurisdictions. In the event that any relevant authority makes changes to existing laws, regulations and/or rules or financial institutions make commercial decisions and such changes/decisions negatively impact the provision of any services, the Platform, the digital tokens, or NFTs in various ways, the Company shall be entitled to cease the provision of any services to you and operation of the Platform in any jurisdiction without incurring any liability whatsoever to you.
10.3 Due to the relatively nascent nature of the blockchain technology, the relevant blockchain may also be prone to periodic congestion, failure, or cyberattack, during which the delivery of cryptocurrencies, digital tokens and/or NFTs being traded or issued on the Platform may be delayed indefinitely or irretrievably lost or stolen due to no fault of ours. Accordingly, you acknowledge and accept that no liability whatsoever is assumed by us for losses or delays to you caused by any such factors.
10.4 You acknowledge and accept the risks of dealing with smart contracts, losing money due to fluctuations in the price of digital tokens and assets (including but not limited to NFTs traded on this Platform).
11.1 To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
11.1.1 your use or misuse of the Platform, your User Content on the Platform and/or embedded in NFTs,
11.1.2 your violation of these Terms;
11.1.3 your breach of your representations and warranties herein; and
11.1.4your violation of the rights of a third party.
11.2You agree to promptly notify the Company of any third party Claims and cooperate with the Company in defending such Claims. You further agree that the Company shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.
11.3Except where otherwise provided in these Terms, where you have incurred any liability to us, whether arising from or under these Terms or otherwise, howsoever arising, we may without notice to you set-off the amount of such liability against any liability of us to you arising from or under these Terms, whether either such liability is liquidated or unliquidated, present or future, accrued or contingent.
12.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
12.2 We shall not be liable whether in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise for:
12.2.1 any loss of profits, sales, revenue, business, data, use, goodwill or other intangible losses, or pure economic loss;
12.2.2 any indirect, incidental, exemplary, punitive or consequential loss, costs, damages, charges or expenses;
12.2.3 any actions taken by us in good faith in accordance with the information and instructions you have provided to us via the Platform or otherwise;
12.2.4 any loss or damage caused by malware, distributed denial-of-service attack, or other harmful material that may infect your device, programs, data or other proprietary material due to your use of the Platform;
12.2.5 any damages relating to your access to, use of, or inability to access or use the Platform;
12.2.6 any damages relating to any conduct or content of any third party or another User, including without limitation, defamatory, offensive, unlawful or illegal conduct;
12.2.7 any content, services or goods provided by a related party to any Third Party Service Provider, including the quality of such services or goods; or
12.2.8 any consequences arising in connection with any event which occurs by reason of forces outside of our control. This includes any event, or a series of related events, that is outside of our reasonable control, including but not limited to acts of God, acts of civil or military authority, acts of customs authorities, national emergencies, industrial action, fire, abnormally adverse weather conditions, earthquakes, catastrophes, wars, insurrections, riots, security threats, pandemics and/or material network or other material telecommunications failures and material delay by common carriers.
12.3 Our total aggregate liability whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, including any professional and legal costs, arising in connection with these Terms, the access to and use of the Platform and content, or the sale or purchase of any products on this Platform, shall be limited to the lesser of (a) USD 100; (b) the amount of fees received by us from the sale and/or transfer of the relevant NFT(s) that is/are the subject of the claim (where applicable); or (c) the amount of fees received by us in relation to the Platform or associated services rendered to you in the 12 month period preceding the date the claim arose (where applicable).
12.4 For the avoidance of doubt, the foregoing sets out our total financial liability to you in respect of any breach of these Terms, including but not limited to any Personal Data or data security breach.
13.1 You acknowledge that we may engage and incorporate the services of Third Party Service Providers to assist in providing any services to you and/or enhancing the Platform (“Third Party Services”). You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Service Providers as we deem necessary to provide any services to you and/or to operate the Platform.
13.2 The use of Third Party Services will require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Provider. By using the Platform, you hereby agree to the applicable terms of service and privacy policies (as the case may be) of such Third Party Service Providers, including any terms which may relate to any Third Party Content and the intellectual property licenses for the same.
13.3 You hereby expressly waive and release any and all claims, actions or otherwise which you have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns arising from your use or interaction with any Third Party Services and Third Party Content. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss suffered by you caused or alleged to be caused by or in connection with use of or reliance on any Third Party Services.
14.1 To the maximum extent permitted by the applicable law, we reserve the right in our sole and absolute discretion, to amend, modify, alter or supplement these Terms and the Platform from time to time, without prior notice to you.
14.2 You should check back on the Platform often to confirm that your copy and understanding of these Terms is current and correct. Your non-termination or continued use of the Platform after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms, as modified by such amendments, changes, or updates.
15.1 The Company may, without notice and in its sole discretion, terminate these Terms and your right to access or use the Platform at any time, and for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
15.2 Termination of these Terms shall not affect the effect of Clauses 5, 6, 7, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20.
15.3 No termination shall release you from any liability which at any time of such termination has already accrued to the Company or which may accrue thereafter in respect of any act, omission or breach prior to such termination.
16.1 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Singapore.
16.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore, administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
For purposes of these Terms :
18.1 "Excluded Persons" refers to the following person(s) :
(a) a person who is a citizen, domiciled in, resident of, or physically present / located in an Excluded Jurisdiction;
(b) a body corporate:
(i) which is incorporated in, or operates out of, an Excluded Jurisdiction; or
(ii) which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;
(c) an individual or body corporate accessing and/or using Interface and/or Protocol from within an Excluded Jurisdiction;
(d) an individual or body corporate included in United Nations Consolidated List (accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list); and/or
(e) an individual or body corporate which is otherwise prohibited or ineligible in any way, whether in full or in part, under any laws applicable to such individual or body corporate from purchasing, acquiring and/or using Interface and Protocol.
18.2 "Excluded Jurisdiction" means any of the following jurisdictions : [(a) the United States of America; (b) the People's Republic of China;] © a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF's listing of "High-risk and Other Monitored Jurisdictions" accessible at http://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions;and/or (d) a jurisdiction in which Interface and Protocol would be subject of licensing.
If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Unless explicitly agreed between parties in writing, these Terms of Use constitute the entire agreement between the parties and supersedes all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between them relating to its subject matter.
No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its Terms.
To participate in any metaverse in Bit.Country, you must adhere to our community guidelines in relation to your use of our Platform and your avatars. The following are not allowed:
- any predatory behaviour, including attempting to befriend a Child in order to manipulate and exploit them;
- promoting any sexual violence or sexual activity involving coercion or non-consent of any kind;
- portraying a person or persons clearly engaged in explicit sexual activity;
- portraying a Child in sexual activity or in a sexually provocative manner or in any other offensive manner;
- advocating homosexuality or lesbianism, depicting or promoting incest, paedophilia, bestiality and necrophilia;
- portraying detailed or relished acts or extreme violence or cruelty;
- glorifying, inciting or endorsing ethnic, racial or religious hatred or discrimination, strife, ignorance or intolerance;
- asking for personal information such as name, age, sex and location of others;
- posting your own or another person’s personal information on the Platform;
- using clothing or avatar actions in an inappropriate way;
- making serious threats of harm to public or personal safety;
- using a person’s name, image, likeness, without their express written consent or otherwise impersonating another person; and
- behaving (via your avatar or other means) in any manner that is inappropriate, obscene, racist, sexist, defamatory, discriminatory, harassing, violent, offensive, unauthorized, harmful, abusive, libellous, defamatory, threatening;
- publishing, portraying, or promoting any inappropriate, obscene sexually explicit, racist, sexist, defamatory, discriminatory, harassing, violent, offensive, unauthorized, inaccurate, harmful, abusive, obscene, libellous, defamatory, threatening content (via the use of avatars or not) or illegal or unauthorised goods or services.
“Child” shall mean any person or user under 16 years of age that a person knew or reasonably ought to have known to be below 16 years of age, including any avatars or other digital characters which appear to be a Child regardless of the actual age of the user.