By using the Services, You represent and warrant that You are of legal age to form a binding contract with HTGC, are not associated with a company providing similar services, and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.
You clearly understand and agree that all Services, NFT, Badge, or any other materials provided by HTGC is solely used for illustrative purpose and digital art appreciation, and is nothing related to pornographic, offensive, politically endorsing, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, defamatory, intrusive of privacy or illegal, a manner which endorses violence or acts of terrorism, adult entertainment services or venues, discriminatory towards race, gender, religion, faith or sexual orientation. Any person depicted in the Services, NFT, or any other materials, if any, is a model.
Subject to your compliance with these Terms of Services, for as long as you own the applicable NFT, HTGC grants you a limited, personal, non-exclusive, non-sublicensable, worldwide license under any copyright owned by HTGC for non-commercial, personal use.
You, including HTGC NFT holders and Service users, own HTGC Badge. “Badge” means a badge generated with Your inputted name through HTGC membership area. HTGC grants You an unlimited, worldwide license to use, copy, and display the Badge for the purpose of creating derivative works based upon the Badge for personal use. You may not use the Badge in connection with any business, product or service, or in any manner that may imply endorsement of any business, message, product or service, or that is likely to cause confusion or dilute, blur or tarnish HTGC. All use of HTGC Badge, including any goodwill generated by such use, will insure to the benefit of HTGC and its Affiliates. An “Affiliate” of HTGC is any entity that controls, is controlled by or is under common control with HTGC whether now or in the future, and where “control” means ownership of 50% or more of the shares or other ownership interest if an entity or the ability to direct the management or policies of an entity.
By using the HTGC Platform, You agree to:
Use the HTGC Platform in compliance with all applicable laws, and all legal notice and disclosure requirements as provided in agreements of third-party service providers providing services through the HTGC Platform (detailed below):
Login the HTGC Platform only on Your own behalf, and transmit any information or services available through the HTGC Platform to third parties who are 18 years of age or older. Use only one account and only one name for the Platform.
You may use the Services, NFT, Badge, and Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services, NFT, Badge, and Platform: to promote pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; deceive any person; promote, advocate, or assist any illegal activity; cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
You understand that HTGC, Third Party Rights Owners and their respective Affiliates will continue to further modify and develop on any Services and may create works of authorship similar or identical to Modified Works created by you. On behalf of yourself and your heirs, successors and assigns, you irrevocably and perpetually covenant and agree not to file or assert before any court or other government tribunal or authority, any claim, counterclaim, demand, action, suit or other proceeding alleging or asserting direct or indirect infringement or misappropriation of any copyright or other intellectual property right that you may have in any Modified Work against Any of HTGC, any Third Party Rights Owner, any Affiliate of HTGC or any Third Party Rights Owner or any of their respective shareholders, directors, officers, employees, contractors, representatives, agents, licensees, distributors, resellers, or business partners, any customers of any of the foregoing, or any successor or assign of any of the foregoing.
We reserve the right to introduce, withdraw or amend websites, or any content, material, product offering or other Services, in our sole discretion without notice. We make no guarantee that the Services will be available at any time, and we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
To the extent that you are not prohibited from doing so by any other terms or conditions applicable to a particular NFT, you may transfer the NFT to a third party, and you must ensure such transfer complies with any applicable laws, regulations and rules and such transferee is provided with an opportunity to review these Terms of Services. Your right to display and perform the NFT will immediately terminate (without the requirement of notice).
Upon transfer of any NFT, in consideration of the transfer of the ownership rights set forth in these Terms, the ongoing hosting of any Services and any other services related to the transfer of the NFT, you will pay (or caused to be paid) 5% of the total amount paid by the acquirer for the NFT fee to HTGC. If the platform or service used to facilitate the transfer captures and pays the full amount of the Transfer Fee directly to HTGC then you will have no obligation to pay any additional amounts. You will pay any and all transaction fees, payment transfer fees and taxes (other than taxes on HTGC’s net income) associated with the transfer and will not deduct any such amounts from the amount paid to HTGC as the Transfer Fee. All amounts owed hereunder will be paid in US Dollars or in a cryptocurrency acceptable to HTGC and will be paid to the account or digital wallet designated by HTGC.
THE NFT IS INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMPTION ONLY. IT IS NOT A “SECURITY,” AS DEFINED UNDER SECURITY AND FUTURES ORDINANCE OR UNDER THE SECURITIES LAWS OF HONG KONG SPECIAL ADMINISTRATIVE REGION.
HTGC will have no responsibility or liability, and you hereby waive and release any and all claims, arising out of or in connection with any blockchain or related technology, digital wallet, MetaMask technology, similar technology or related service, the transfer or loss of any NFT or the inability to demonstrate ownership or control of any NFT, any marketplace or other platform for buying, selling or transferring any NFT, any platform or service provided by any third party or any technology related thereto, modified content or additional benefit provided by any third party, or terms or conditions applicable to such modified content or additional benefit, computer, server, network device or other hardware or Internet service provider or other telecommunications service or hardware, or other service, equipment, technology or network or data transfer infrastructure not owned and controlled by HTGC.
You will indemnify and hold harmless, and at HTGC’s request defend, HTGC and its Affiliates from and against any and all claims, demands, liabilities, damages, penalties, fines, taxes, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or in connection with any breach of these Terms of Services, Your ownership or transfer of any NFT and Badge, or exercise of any ownership rights hereunder by you.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE SERVICES AND ANY CONTENT IN THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, HTGC DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, NFT, OR BADGE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE HTGC ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF SERVICES, NFT, OR BADGE INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR APPLICABLE BLOCKCHAIN.
In no event will HTGC, any third party rights owner or their respective Affiliates be liable for any indirect, incidental, consequential, or other non-direct damages of any kind or for any special, punitive or similar damages.
The maximum aggregate liability of HTGC to any third party rights owner and their respective Affiliates for all damages and causes of action, whether in contract, tort (including negligence) or otherwise, shall be $50.
This Agreement shall be governed by the laws of Hong Kong Special Administrative Region, without regard to the conflict of laws principles. All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. Each of the parties to this Agreement irrevocably agrees that the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Hong Kong Special Administrative Region.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms of Service means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.
These Terms of Service do not, and may not be construed to, create any partnership, joint venture or agency between you and HTGC. If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable, that provision will be enforced to the maximum extent permitted by law and otherwise deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. The failure of HTGC to insist upon or enforce strict performance of any of the provisions of these Terms of Service or to exercise any rights or remedies under these Terms of Service will not be construed as a waiver or relinquishment to any extent of HTGC's right to assert or rely upon any such provisions, rights or remedies in that or any other instance; rather, the same will be and remain in full force and effect. You may not assign, transfer or otherwise dispose of these Terms (including any rights or obligations hereunder), and any purported assignment, transfer or other disposition will be null and void.
For any enquiries, please contact us as follows: firstname.lastname@example.org