Last Revised: June 25, 2021
Using the Site
By using the services offered on the Site (the “Services”), including registering for an account (an “Account”), or otherwise accessing the SIte, you agree to be bound by these Terms and the Guidelines. If you do not agree to these Terms, please do not access or use the Site. As we will update the Services frequently, we reserve the right to modify the Terms and the Guidelines at any time. By logging into your Account, or otherwise access or use the Services following any change to the Terms, you agree to be bound by the revised Terms and the Guidelines. Please review the Terms and the Guidelines from time to time to familiarize yourself with the Services and the terms and conditions that apply to you when you access or use the Site.
The Site and Services are intended for users over the age of 18. If you are younger than 18, please discuss your use of the Site with you parent or guardian, as they will be responsible for your use of the Site, including any financial or legal liabilities you may incur.
You will need to register an Account to use the Services. In order to do so, we will ask for some personal information. If you are unable to provide us with the information we request, you may not be able to use the Services. You understand and agree that:
- Your Account is limited solely to you;
- You are responsible for maintaining the security of your Account (including access to your username, password, financial or other information needed to use the Services);
- We are not responsible, and you will not hold us responsible, for any unauthorized access to or use of your Account;
- By using the Services, you will owe applicable payment and fees, and you authorize us to deduct such payment and fees based on the information you provide.
- By placing an order on the Site, you agree that you are submitting a binding offer to purchase a digital collectible from the Site. Your order is accepted and confirmed when the Site displays a confirmation. No refunds are permitted.
Suspension or Termination
You agree that we have the right to immediately suspend or terminate your access to the Services, or terminate your Account, for any reason in our sole discretion, including, without limitation, if we believe that you are engaging in illegal activity or if we believe you are violating the Terms and Guidelines. You agree that in such cases we shall have no liability or obligation to you.
We will communicate with you electronically regarding your use of the Services and the Site. To ensure that you receive our communications, please keep your email address and other information updated on your Account. We may also send you marketing communications that we think will be of interest to you. If you do not wish to receive these marketing communications, you may opt out following the instructions set forth.
Your Use of the Site
We grant you a limited, revocable license to access and use the Site and the Services, provided that you agree not to engage in any activity that:
- Violates any and all applicable laws;
- Poses a threat to the Site or other users of the Site;
- Defrauds or attempts to defraud the Site or other users of the Site;
- Interferes with other users’ access to or use of the Site;
- Gathers or extracts data from the Site; or
- Infringes or violates the intellectual property of the Site or third parties, including, without limitation, modifying or creating derivative works of or from the Site.
The Site will allow users to create a profile that includes information about themselves and the digital collectibles they have purchased. Any such profile information is non-confidential. By providing profile information on the Site, you grant us the right to use such material, in any way, for our legal purposes. Although we are not required to monitor user content, we may, in our sole discretion, remove any user content at any time and for any reason without notice. You agree that in such cases we shall have no liability or obligation to you. If you believe that third-party material hosted on the Site infringes your copyright, please file a notice of infringement at firstname.lastname@example.org.
Unless otherwise indicated, the Site and all content in the Site, including our logo and look and feel of the Site are our property (“KLKTN Assets”). KLKTN Assets may not be copied, adapted or used, in whole or in part, without our prior written permission.
Our Services on the Site are offered as-is, and there may be associated risks. For example, digital collectible transactions may be irreversible, potential losses you may experience due to fraudulent or accidental transactions may not be recoverable, digital collectibles may lead to an increased risk of cyber attack to the information you provide on the Site, and technical difficulties may prevent access to or use of the digital collectibles you purchase. We make no representation or warranty of any kind, express or implied, as to the Site or the Services, and disclaim all warranties to the extent permitted under applicable law. You understand and expressly agree that your use of the Site or the Services is at your sole and own risk, and that we will not be responsible to you for any issues you may experience when using the Site or the Services, however caused.
Limitation of Liability
Under no circumstances will we be responsible or liable to you or any third party arising out of or in connection with the Site or the Services for any indirect, special, consequential, liquidated or punitive damages, whether in contract or tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages. Under no circumstances will our total liability to you or any third party arising out of or in connection with the Site or the Services exceed the greater of USD 100 or the total amount you have paid us (if any) to use the Services in the 6 months before the event giving rise to such liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, service providers, and consultants, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of the Terms and Guidelines by you, or your access to or use of the Site or the Services.
These Terms shall be governed by the laws of Hong Kong. Any judicial proceeding to resolve claims relating to these Terms will be brought in the applicable courts of Hong Kong.