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Policy
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Drops
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Marketplace
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My NFT
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Others
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TERMS OF SERVICE These Terms of Service (“Terms of Service”) are an agreement between you (as defined below) and Draft Hub Inc. (“Company”). By using the Servicfe (as defined below) or accepting “I Agree” icon displayed on the Service website, you accept and agree to these Terms of Service. If you do not agree to these Terms of Service, please do not install, access, or use the Service. 1. GENERAL 1.1 The Company grants you a worldwide, non-exclusive, non-transferable, non-sublicenable, revocable limited license to use, view and display the services ("Service") provided by the Company for your personal, non-commercial use. The Service means any of the Company’s service and/or APIs accessed, downloaded, or installed by you from the Company website(s) and/or platform or through App Store®, Google Play™ store or any other third-party platform (“Third-Party Marketplace”), including without limitation using the Service to create, mint, view, purchase, collect, sell (or transfer), airdrop/ship NFTs on the Company’s website and/or platform. For the purpose of these Terms of Service, “NFT” means a non-fungible token on a blockchain. The terms "you" and "your" refers to the user, including the creators, and purchasers of the NFTs and any users using the Service provided by the Company. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms of Service. By installing, accessing, or using the Service, you accept and agree to the terms of these Terms of Service. 1.2 If you are a creator who wants to initiate your NFT project using the Service, you authorize and agree to provide all necessary license and rights to the Company to mint, sell, market, and transfer your NFT to a third party using the Service. If the Company approves a creator’s NFT, the Company shall display/showcase and sell the NFT on the Service for a certain sale period. Please be advised that the Company has the sole authority to deny or reject your NFT if it does not meet the Service requirements. 1.3 The creator shall decide the minimum price and quantity (“Minimum Threshold”), sale period, bonus rewards for the purchasers (if any), and any other related information regarding the NFT. If the Minimum Threshold is not met, that sale of the NFT shall be deemed unsuccessful. If the sale is unsuccessful, all the initial purchasers shall receive their payments back in full and will not receive the said NFT. If the Minimum Threshold is met, the Company then shall mint the NFT within 10 calendar days after the end of the sale period and airdrop/ship/send the NFT to the purchasers. 1.4 You should be 18 years old or older to use the Service. You are prohibited from using the Service if you are under 13 years old. If you are at least 13 years old but under 18 years old, you agree that your legal guardian has reviewed and agrees to the Terms of Service on your behalf before your use of the Service. 1.5 In order to use the Service, you must have a blockchain address and a third-party wallet. The Company does not maintain, operate, or have any control over the contents of your wallet. As a result, it is your sole responsibility to maintain and keep your wallet secure and the Company accepts no liability to you in connection to your use of a wallet. 1.6 When you register to become a user of the Service, you may be requested to create a nickname and/or user ID or register your e-mail address as your username. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You will also be solely responsible for the maintenance of the device used for the registration. 1.7 The Company has the right to change or modify the Terms of Service in any way and at any time at its sole discretion. It is your responsibility to review these Terms of Service to find out any changes or updates. If you do not agree to these Terms of Service, discontinue your use of the Service. These Terms of Service may be revised without notice and will become effective upon posting on any of the Company website(s). You agree that you will be considered to have been given notice of any revisions once we post them on any of the Company’s website(s) and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. 1.8 The Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability. 1.9 You represent and warrant that your use of the Service does not violate any applicable local, state, federal, international laws or regulations in your jurisdiction. To ensure that you are permitted to use the Service, the Company may request additional information and/or documents when you register an account. 1.10 Your use of the Service is conditioned upon your compliance with these Terms of Service and any use of the Service in violation will be regarded as an infringement to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms. 2. PAYMENT AND FEES 2.1 When a sale and payment of NFT through the Service (“Transaction”) is made, the Company shall charge certain Transaction fee (“Transaction Fee”) to you. The Transaction Fee includes fees associated with minting, airdrops, and other transaction fee in relation to a sale of the NFTs from using the Service. According to the rules provided by the Company, you will require to pay a Transaction Fee for each transaction that you make using the Service. For the creators using the Service to sell their NFTs, the Company shall deduct all necessary Transaction Fee prior to paying you the revenues that you generated from your sale of the NFTs. In addition, you may be separately responsible for gas fee (“Gas Fee”), which is the payment you may need to make to complete a transaction on a blockchain. The Gas Fee is used to pay/compensate blockchain miners for the computing power they have to use to authenticate blockchain transactions. Please be advised that the Company has no control over the Gas Fee. 2.2 Once a Transaction is complete and its Minimum Threshold is met, including the payment of the Transaction Fee, the Company does not provide any refunds for any purchases that you may have made through the Service because the Company does not have any control to reverse such payments or transactions. Thus, after a Transaction is complete and its Minimum Threshold is met, the Company does not provide any refunds for any purchases or transactions that you have made through the Service. The Company has no liability to you or to any third party due to any payments or transactions that you have made through the Service. It is solely your responsibility to make sure any payment or transaction that you make is final. 2.3 You are solely responsible to pay for any federal, state, and local taxes or duties derived and/or imposed from the sales, purchases, revenues or transactions associated with your use of the Service. 3. RESELL 3.1 If you purchase a NFT through the Service, you may sell the NFT to a third party via Service community market (“Community Market”). The Community Market is on the Service website. There, you can display and sell either your purchased NFT or purchase someone else’s purchased NFT if available. Since the transactions occur between the third parties, the Company has no liability regarding the transactions that takes place in the Community Market. 3.2 If you are a reseller who wants to sell your previously-purchased NFT to a third party via Community Market, certain portion of the proceeds from the sale may go to the original NFT creator (“Original Creator”) as a royalty and the Company as a Transaction Fee. The Original Creator may set the resell royalty percentage. For example, if you sell the NFT “A”, originally created by the Original Creator “B”, to a third party for $100, and the Original Creator set the resell royalty percentage at three percent, your revenue shall be $100 minus $3 (the Original Creator’s royalty percentage of three percent) minus the Transaction Fee. Please be advised that you may also be responsible for the Gas Fee (as defined in the Section 2.1 of these Terms of Service) for any transaction that you make in the Community Market. 4. INTELLECTUAL PROPERTY 4.1 Unless specifically stated otherwise, all contents available through the Service, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and all other intellectual properties ("Company Content") are the proprietary contents and are properties of, and are solely owned by, the Company. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights. Except where expressly authorized by the Company, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell the Company Content or any portion thereof. Any unauthorized use of the Company Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of your use of the Service granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise. The obligation set forth in this section 4.1 shall survive any termination or expiration of your account or your use of the Service. 4.2 The names and marks “Draft Hub”, any of the Service, and any other logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Service are registered or unregistered trademarks, service marks or trade dress of the Company (the "Marks"). You may not use the Marks other than in connection with any incidental use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you. The obligation set forth in this section 4.2 shall survive any termination or expiration of your account or your use of the Service. 4.3 All other third-party intellectual property, such as trademarks, copyrights, publicity rights, and any other intellectual property rights, associated with any NFTs exhibited on the Service are the property of their respective owners (“3rd Party IPs”). The 3rd Party IPs may not be used, in whole or in part, in anyway unless such owner permits otherwise. If you are an owner of the 3rd Party IPs, you represent and warrant that you have all necessary ownership and authority to use, display, sell, and transfer such 3rd Party IPs and grant all necessary licenses to the Company to post or display them. Further, If you are a creator who wants to sell your NFTs using the Service, you authorize and agree to provide all necessary license and rights to the Company to mint, sell, market, and transfer your NFT to a third party using the Service. 4.4 If you have a good faith belief that your 3rd Party IPs’ rights have been violated or infringed, please contact helpdesk@drafthub.io and the Company may investigate your inquiry. 5. USER-GENERATED CONTENT 5.1 You are solely responsible for all NFT, text, photographs, images, graphics, designs, audio, video, applications, software, files, user profiles, messages, and other content (collectively, "User Content") that you post to, or transmit through, the Service or that you share with other users. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or that you do not have rights or permission to post. The Company may review, but is not obligated to review, User Content posted to, transmitted through, or shared with other users of, the Service to verify that such User Content and actions related thereto complies with these Terms of Service. The Company may, in its sole discretion and without notice to you, modify, remove, delete, or disable access to, any User Content for any reason or for no reason, including if the applicable User Content or actions related thereto do not comply with these Terms of Service. The Company is not liable for any loss you incur as a result of the removal, deletion, or disabling of access to, any of your User Content. The Company may, but is not obligated to, monitor User Content for any reason or for no reason at all, including without limitation any messages sent by or between users by or through the Service. If the Company chooses to monitor User Content or to remove, delete, or disable access to, any User Content, such acts will not result in the Company assuming any responsibility for the User Content or the user associated with such User Content and the act of monitoring the Service or any User Conduct will not obligate the Company to modify, remove, delete, or disable access to, any User Content that does not comply with these Terms of Service. The obligation set forth in this section 5.1 shall survive any termination or expiration of your account or your use of the Service. 5.2 The Company has no liability to you for the User Content, and makes no warranties, express or implied, as to or the accuracy, reliability or content of the User Content posted on or through the Service and such User Content does not necessarily reflect the opinions, positions, or policies of the Company. Further, the Company is not party to any agreement between any users using the Service. As a result, you are solely responsible for verifying legitimacy of NFTs that you may purchase. The Company does not authenticate or verify any of the NFTs and/or the sellers visible on the Service. Although the Company provides rules and principles for user conduct and postings, the Company does not control, and has no liability to you for, what users post, transmit or share to or through the Service and the Company has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter, experience or access on or through the Service, including in connection with any User Content. The obligation set forth in this section 5.2 shall survive any termination or expiration of your account or your use of the Service. 6. PROHIBITED CONDUCT 6.1 You represent, warrant, and agree that you will not use the Service in an unlawful, threatening, or harassing manner, or take any action that, in the Company's sole discretion, is offensive, libelous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that the Company intends to govern the use of Service. The Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate: (1) your sale or purchase of NFTs through the Service, and/or (2) your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, for any or no reason, and without liability. Without limiting the foregoing, the actions set forth below are expressly prohibited and may result in suspension or termination of your account in the Company's sole discretion. (i) Acts of Slander, Libel and Threat and Offensive Content Creating a nickname and/or user ID, posting or transmitting a message or any content or file to or through the Service, or otherwise using the Service to engage in any action, that, in the Company's sole discretion: is slanderous, libelous, defamatory, disparaging, harmful, vulgar, abusive, unlawful, harassing, fraudulent, invasive, or insulting; is threatening or intimidating; contains or promotes excessive violence or offensive subject matter; evidences bigotry or evidences bias, discrimination or hate on the basis of, or advocates physical violence against any person or group on the basis of, race, sex, sexual orientation, religion, age or other traits, or that is otherwise offensive or objectionable; or is made with an intent to defraud or mislead the Company or other users or that you know is false or misleading; Stalking any other user of the Service or otherwise using the Service to threaten or stalk any individual or group; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. (ii) Actions for the Purpose of Offline Interaction Utilizing the Service for the purpose of dating or engaging in sexual conduct or encouraging others to do the same; Posting or transmitting a message or any content or file to or through the Service for the purpose of meeting another user, such as suggesting an offline meeting, or for the purpose of encouraging another user to engage in such actions; Utilizing the Service to provide another user with personal information not included in your profile (including telephone number, physical address, email address, etc.) or to request such information from another user; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. (iv) Transmission of Advertising and Spam and Engaging in Similar Acts Without a clear written authorization by the Company, utilizing the Service to post, transmit or send advertisements, junk mail, chain letters, solicitations, unsolicited content with a commercial purpose, or messages or content that otherwise harass or inconvenience users or other recipients; Utilizing the Service to direct, redirect, or drive traffic to an unrelated website or service for commercial gain or to fraudulently induce another user to access, visit or view another website or service or to cause another user to unintentionally do so; Collecting or harvesting email addresses, mobile phone numbers, user identifications or other communications targets by automated or other means for the purposes of sending unsolicited emails or other unsolicited communications; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. The sending of spam through the Service will not be tolerated and the Company will take such action against spammers, including taking legal proceedings and reporting to the relevant authorities, as it may be advised. (v) Actions that Infringe on Third Party Rights Posting or transmitting a message or any content or file to or through the Service that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity; Otherwise utilizing the Service in any manner that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity (including the Company); Posting or disclosing other users' or other individuals' photographs, personal information or other private information or data (including Social Security numbers, credit card numbers, phone numbers, physical or email addresses) or otherwise utilizing the Service in a manner that violates the privacy of another person or entity; Soliciting passwords of other users, or soliciting personally identifiable information for any purpose, whether commercial or non-commercial, or lawful or unlawful; or engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. (vi) Falsifying User Information and Other Actions Related to User Accounts Logging in on another user's account or using another user's name, nickname, avatar, or other identifier to send messages, post content or take other actions that utilize the Service; Providing any false information in the registration form to become a Registered User or otherwise providing false information in your user profile or through the Service, including, without limitation, misrepresenting your age; Registering for more than one account as a Registered User or registering on behalf of another person, entity or group; Selling, trading, or transferring your Registered User account or purchasing or receiving the Registered User account of another user; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. (viii) Exploiting the Service Intentionally exploiting any bugs, weaknesses or vulnerabilities in the Service or taking any action that could disable, damage, impair, injure or overburden the Service; Using automated scripts, spiders or other technological methods to collect information from the Service or to otherwise engage the Service; Reverse engineering or analyzing the software or services that are provided through the Service or otherwise using the software code other than as permitted herein; Posting, introducing, or transmitting to or thorough the Service viruses, disabling code, Trojan horses, malware, spyware, adware, malicious code or other code, files or programs designed or intended to interrupt, interfere with, limit, compromise or destroy any computer or device software, hardware or telecommunications equipment, infrastructure, or networks; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. (ix) Commercial Uses and Solicitation Using the Service for gambling purposes; Posting or transmitting a message or any content or file to or through the Service that includes links or URLs that are not approved by the Company; Soliciting other users to join organizations, associations, religious groups or other affinity or identity groups other than groups established pursuant to the Service and approved by the Company, or soliciting other users to join, invest in, or collaborate with, pyramid investment schemes, multilevel marketing enterprises, or similar groups or enterprises. Posting or transmitting a message or any content or file to or through the Service for the purpose of unauthorized commercial advertisement or publicity (including, without limitation, recruitment advertisements); or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. (x) Additional Prohibited Acts Posting or transmitting a message or any content or file to or through the Service that is unlawful or that solicits or encourages unlawful acts or otherwise using the Service to engage in any action that is unlawful or that solicits or encourages unlawful acts; Taking an action or encouraging any action that disturbs the operation of the Service; Taking any action or utilizing the Service in such a manner that may expose the Company or its users to legal liability or harm of any type; or Engaging in other acts that the Company determines, in its sole discretion, are related to or similar to the above. The foregoing provides examples of the types of actions and content that are prohibited in connection with your use of the Service, but the Company reserves the right in its sole discretion to prohibit similar actions and content and to investigate and take legal action against violators as appropriate. If you believe any of the foregoing prohibited actions are taking place, please notify the Company at: helpdesk@drafthub.io 6.2 Posting or Transmission of Adult Content The Company allows the users to post certain adult content (“Adult Content”). In this case, the Company may designate such Adult Content as “Adult Content”, “NSFW” or any other similar label and may be shown differently than non-Adult Content on the Service. 7. TERM AND TERMINATION 7.1 Without prejudice to any other rights of the Company, these Terms of Service shall remain in effect for as long as you use or run the Service. If you fail to comply with any term hereof, the Company reserves the right, in its sole discretion, to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof at any time, with or without prior notice or explanation, and without liability. Further, the Company expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the Company reasonably determines or believes, in its sole discretion, that you have violated these Terms of Service or that you pose a threat to the Service, the Company and/or any other user. The obligation set forth in this section 7.1 shall survive any termination or expiration of your account or your use of the Service. 7.2 You may close your account and terminate these Terms of Service without cause at any time by uninstalling and/or stop using the Service. Please note that you may lose: (i) your original nickname and/or ID (“Original ID”) and/or (ii) You may not be entitled to any refunds or compensation unless specifically authorized by the Company, or applicable Third-Party Marketplace. The obligation set forth in this section 7.2 shall survive any termination or expiration of your account or your use of the Service. 8. CHANGE TO SERVICE 8.1 The Company reserves the right, in its sole discretion, to change, suspend, discontinue, or terminate the Service or any and all content, applications, and other items used or contained in the Service at any time and from time to time and without notice. 9. Using the Service 9.1 By installing or using the Service, you agree that you have read, understand, and agree to the terms of these Terms of Service, Draft Hub End User License Agreement, Draft Hub Privacy Policy, and any other rules that are applicable to the Service. IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, END USER LICENSE AGREEMENT, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE SERVICE, PLEASE DO NOT INSTALL OR USE THE SERVICE. 10. THIRD PARTY INTELLECTUAL PROPERTY 10.1 The Company respects others' intellectual property rights and holds its users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights. The Company reserves the right, in its sole discretion, to remove or disable access to any infringing material and to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act of the United States and other applicable law. In addition, the Company reserves the right in its sole discretion to terminate, limit or suspend the accounts of users who are infringe any third-party rights at any time, irrespective of whether such users are repeat infringers for purposes of applicable law. 11. WARRANTIES AND LIMITATIONS 11.1 YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN "AS IS" BASIS AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (I) THE COMPANY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE AND THE COMPANY SPECIFICALLY DOES NOT MAKE ANY CLAIM OR WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (II) THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, CONTENT, DATA, OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND, ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OR USE OF ANY SUCH APPLICATIONS, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (III) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, CONTENT, DATA AND MATERIALS FROM THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM AND/OR MOBILE DEVICE, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (IV) THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR NETWORK PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S MOBILE PHONE OR MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE; (V) THE COMPANY UNDER NO CIRCUMSTANCES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANY THIRD PARTY INFRINGEMENT OR ANY OTHER RELATED LEGAL CONFLICTS ASSOCIATED WITH 3RD PARTY IPS RIGHTS; (VI) UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICE, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICE; AND (VI) THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE WARRANTIES AND LIMITATIONS AS SET FORTH ABOVE, SOME OR ALL OF THE ABOVE WARRANTIES AND LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH CASE ALL WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE WARRANTIES AND LIMITATIONS SET FORTH IN THIS SECTION 11.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE. 12. LIMITATION OF LIABILITY 12.1 UNDER THE CONDITION THAT ANY DAMAGE OR LOSS WAS NOT CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL ACT BY THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM, YOUR USE OF THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE ACTUAL PRICE PAID FOR THE SERVICE AS LONG AS THE DAMAGE WAS NOT CAUSED BY INTENTIONAL ACTS OR GROSS NEGLIGENCE BY THE COMPANY. IF YOU HAVE NOT PAID ANY AMOUNT TO THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE DURING SUCH PERIOD, YOU UNDERSTAND AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY OF DAMAGES AS SET FORTH ABOVE, SOME OR ALL OF THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY OR ANY OF ITS APPLICABLE LICENSEE OF THE SERVICE’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12.1 SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICE. 13. FORCE MAJEURE 13.1 The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. 14. GOVERNING LAW 14.1 Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. You agree to any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with these Terms of Service shall be brought in the courts located in the Republic of Korea, which it shall have the exclusive jurisdiction and venue. You expressly consent to the courts in the Republic of Koreas as the exclusive venue and hereby further irrevocably waive any claim that the courts in the Republic of Korea lacks jurisdiction over it and/or such court is an inconvenient forum. The obligation set forth in this section 14.1 shall survive any termination or expiration of your account or your use of the Service. 15. INDEMNITY 15.1 You agree to indemnify and hold harmless the Company, its affiliates and its and their respect directors, officers, employees, agents, successors and assignees, and any of its applicable licensee of the Service from and against any and all losses, claims, liabilities, damages, demands, costs and expenses (including reasonable attorneys' fees and costs of investigation), arising out of, or related to, (i) your use of the Service, (ii) your breach of these Terms of Service, including your breach of any covenant, representation, warranty, term or condition set forth herein, and (iii) your violation of any law or regulation or of any third-party rights, including any third-party intellectual property rights. The obligation set forth in this section 15.1 shall survive any termination or expiration of your account or your use of the Service. If you have any questions regarding these Terms of Service, please contact the Company customer support at: helpdesk@drafthub.io Effective Date: July 10, 2022