Last Updated: February 18, 2022
Stoned Pixel Human and STONE STONE PTE. LTD. ("SPH" or "we") facilitates and enables artists in building the future of music and collectibles. Please read these Terms of Service ("Terms") carefully.
These Terms govern any access or use of the website at https://stonedpixelhuman.com/, and any other website, mobile application, marketplace or application program interface operated or made available by SPH as well as any services provided on or through the Platform ("Services"). By using our Services, to the fullest extent permitted by law, you waive any right to participate in class action litigation or class-wide arbitration of any claims against us in connection with this Terms or Services.. If you do not agree to these Terms, do not use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org
Services as used herein includes any services, features and functionality of the Platform related to the purchase or sale of any blockchain-based, cryptographic non fungible token ("NFT") which, together with the license rights to any associated digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available ("Related Content"), comprises and is referred to herein as a "Digital Collectible". The terms of your license to the Related Content and other terms applicable to the Digital Collectible will be presented to you at the time of purchase and a link to those terms will be embedded in the Digital Collectible's metadata ("Digital Collectible Terms").
Additionally, certain Services may be made available exclusively to the owner of a particular Digital Collectible. You may be required to demonstrate ownership of the applicable Digital Collectible in order to access these Services. Without limiting any other right to terminate or suspend Services under these Terms, we may terminate your access or use of these Services in the event that you transfer the applicable Digital Collectible to someone else.
Any digital works of authorship or other content made available through the Platform to an owner of a Digital Collectible that is intended as an "Additional Benefit" (as that term is defined in the Digital Collectible Terms) will be identified as such on the Platform or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any license presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. Any other digital works of authorship and other content made available through the Platform is part of the Services and no license rights are granted to you with respect to any such content. None of SPH or any third party has any obligation to provide any Additional Benefit and none of SPH or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.
Any digital works of authorship or other content made available through the Platform to an owner of a Digital Collectible that is intended as an "Additional Benefit" (as that term is defined in the Digital Collectible Terms) will be identified as such on the Platform or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any license presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. Any other digital works of authorship and other content made available through the Platform is part of the Services and no license rights are granted to you with respect to any such content. None of txt or any third party has any obligation to provide any Additional Benefit and none of txt or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.
In order to use our Services, you must meet the following eligibility criteria:
You must not be located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country.
You must not be listed on any United States government list of prohibited or restricted parties.
You must be at least 13 years of age.
If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, both you and the person or entity agree to be responsible to us.
You need to register for an account to access our Services. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. You are responsible for the activities of any users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
Access to your account is limited solely to you. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission.
You are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access our Services. You will not hold us responsible for managing and maintaining the security of your account. We are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.
We do not offer a hosted digital wallet on the Platform or otherwise custody Digital Collectibles for our users. You will be required to link a supported blockchain-based digital wallet ("Supported Wallet") provided by supported third-party unhosted wallet providers ("Supported Wallet Provider") to the Platform before you will be able to purchase a Digital Collectible. A list of Supported Wallets and Supported Wallet Providers, which we may update at our discretion, is available on our website here https://stonedpixelhuman.com/aboutus . We will deliver any Digital Collectibles that you purchase from us directly to your Supported Wallet and you will be responsible for safekeeping the passwords and keys associated with your Supported Wallet. We will not be able to recover purchased Digital Collectibles for you in the event that you lose access to your Supported Wallet account or under any other circumstances.
Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with Supported Wallet Providers. Your use of each Supported Wallet Provider's products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a Supported Wallet Provider's products and services, including Supported Wallets.
We currently only accept payments in the supported cryptocurrencies listed on our website here https://SPH.com/aboutus . You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Web3 Wallet to the Services and use a supported type of cryptocurrency from your Web3 Wallet to complete your purchase.
All pricing and payment terms are as set forth on the Platform, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, we will not provide a refund on any purchase.
You represent and warrant that any purchase of a Digital Collectible by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution. You acknowledge and understand that by purchasing a Digital Collectible you are not acquiring any equity or other ownership or profit-sharing interest in SPH, or any of its affiliates or any brand or other business venture.
You will not portray any Digital Collectible as an opportunity to gain economic benefit or profit, or as an investment, equity, or other ownership or profit-sharing interest in SPH, or any of its affiliates or any brand or other business venture. You will comply with any marketing policies or guidelines published by SPH for NFTs or Digital Collectibles.
LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.
With respect to any Digital Collectible originally sold through the Platform but that you acquired from a third party through a third party platform or service, by agreeing to these Terms, you agree to be bound by the applicable Digital Collectible Terms for the Digital Collectible. In addition, you acknowledge and agree that in the event the third party from whom you purchased the Digital Collectible does not pay any amounts owed to SPH in connection with the transfer to you, SPH may, at its option and discretion (and without limiting its right or ability to do so as otherwise provided in these Terms) refuse to provide you with access to the Platform or any Service, unless and until all outstanding amounts have been paid.
We have the right to immediately suspend your account, pause or cancel your access to our Services, or close your account if we suspect, in our sole discretion, that
A : Your account is being used for money laundering, to evade sanctions or to engage in illegal activity,
B : You have concealed or provided false identification information or other details,
C : You have engaged in fraudulent activity, or
D : You have engaged in transactions in violation of these Terms.
Our Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by SPH or our licensors and are protected under both Singapore and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non transferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
A : Generally.
Each Digital Collectible is a limited-edition digital asset composed of an NFT and associated Related Content. Related Content is licensed to you, not acquired by you when you acquire the NFT. Ownership of any Related Content is retained by SPH or the third party that developed or acquired ownership of the Related Content (any such third party, a "Third Party Developer"). No ownership or title in or to any Related Content is transferred to you, and no other right or interest in any Related Content is transferred to you except for the limited license rights that are expressly set forth in the Digital Collectible Terms. For clarification, the Related Content is neither stored nor embedded in the Digital Collectible, but is accessible through the Digital Collectible, subject to compliance with these Terms and the Digital Collectible Terms.
B : Restrictions.
You will not, attempt to, or permit or enable any third party to: (a) separate the Related Content from the Digital Collectible; (b) modify the Related Content, unless expressly permitted to do so pursuant to the Digital Collectible Terms; (c) register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any Related Content; (d) use any Related Content to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate as determined by SPH at its discretion; (e) commercialize the Related Content or use the Related Content in connection with any business, message, product, or service, or in any manner that may imply endorsement of any business, message, product, or service; (f) use the Related Content in any manner that is likely to cause confusion or dilute, blur, or tarnish the Related Content or any intellectual property rights in the Related Content; or (g) use the Related Content in any manner that infringes, violates or misappropriates any third party intellectual property or intellectual property right, or that violates the these Terms or the Digital Collectible Terms.
C : Transfer or other Fees.
SPH and Developers, as well as their affiliates, licensors and designee(s), may be entitled to receive transfer or other fees or royalties from your purchase or subsequent sales of a Digital Collectible, which defray costs associated with licensing the Related Content, administration of the Digital Collectible ownership and corresponding license rights, and making any optional Additional Benefits (as defined below) available to you or subsequent holders of the Digital Collectible.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
・use or attempt to use another user's account without authorization from that user and SPH;
・impersonate or otherwise misrepresent your affiliation with a person or entity;
・sell, resell or commercially use our Services;
・copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
・modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
・use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
・reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
・attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
・use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
・develop or use any applications that interact with our Services without our prior written consent; or
・use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 10 is solely at SPH's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 10 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.
SPH and our logos, our product or service names, our slogans and the look and feel of our Services are trademarks of SPH and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about SPH or our Services (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in SPH's sole discretion. You understand that SPH may treat Feedback as non confidential.
We may provide information about Additional Benefits made available by third parties or other third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. SPH does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless SPH and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "SPH Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to
Your access to or use of our Services (including, without limitation, Digital Collectibles, Additional Benefits and Related Content);
Your violation of these Terms (including, without limitation, the terms and conditions with respect to any Digital Collectible, Additional Benefit or Related Content) or the Digital Collectible Terms;
Your violation, misappropriation or infringement of any intellectual property, privacy, or other rights of another; or
Your conduct in connection with our Services. You will cooperate with the SPH Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). SPH Parties will have control of the defense or settlement, at SPH's sole option, of any third-party Claims.
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, AND ANY AND ALL RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT AND DIGITAL COLLECTIBLE IS PROVIDED "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, SPH DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, RELATED CONTENT, THIRD-PARTY CONTENT, BENEFITS OR ANY DIGITAL COLLECTIBLES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SPH 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 ANY RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT OR DIGITAL COLLECTIBLE 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.
THE DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN NETWORK. ANY TRANSFER OF CONTROL THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE APPLICABLE BLOCKCHAIN NETWORK.
The Digital Collectibles are currently available only on the Ethereum Blockchain. You will not be able to transfer your Digital Collectibles to any digital wallet that is not compatible with the Ethereum Blockchain. In the event that you inadvertently transfer a Digital Collectible to a digital wallet that is not compatible with the Ethereum Blockchain, your Digital Collectible may be lost or destroyed.
The Digital Collectibles are transferable blockchain-based non-fungible tokens that evidence a limited license to Related Content, and, in some cases, a limited license to Third-Party Content and/or to access Additional Benefits, that is exclusive to the owner and thereby collectible as a form of alienable digital property. Like physical collectibles, the price of non-fungible tokens may be subject to fluctuation based upon broader industry trends and sentiment. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of non-fungible tokens. Unlike cryptocurrencies and other fungible digital assets, non-fungible tokens are not used to make payments. Non-fungible tokens are not mutually interchangeable and cannot be divided into smaller parts. These design features limit the usefulness of non-fungible tokens as a form of payment or substitute for currency. Instead, non-fungible tokens are enjoyed as digital collectibles.
There is no guaranteed future value for Digital Collectibles. Any future value of a Digital Collectible is based solely on consumer interest and demand for that Digital Collectible and not something that SPH or any Third Party Developer or other third party can control or will attempt to control or influence. We are not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), the applicable blockchain or other third party service or infrastructure, including Supported Wallets and Supported Wallet Providers, or any other features of Digital Collectibles. We are not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the applicable blockchain supporting Digital Collectibles including forks, technical node issues or any other issues having fund losses as a result.
In some cases, SPH integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms ("Third Party APIs"). SPH has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Platform could incur an outage outside of SPH's control, and certain aspects of the Platform's functionality could be impacted by changes of features made available through Third Party APIs.
The SPH platform is subject to flaws and acknowledges that you are solely responsible for evaluating any code provided by the Platform. SPH may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPH AND THE OTHER SPH PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SPH OR THE OTHER SPH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF SPH AND THE OTHER SPH PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, OR ANY AND ALL RELATED CONTENT, BENEFIT AND DIGITAL COLLECTIBLE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES.
The limitations set forth in Sections 16 and 17 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of SPH or the other SPH Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release SPH and the other SPH Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to
A : Disputes between users,
B : Acts or omissions of third parties, or
C : Anything else for which you have agreed that SPH will have no responsibility or liability pursuant to these Terms.
In order for us to provide our Services, we may process, transfer and store information about you in Singapore and other countries, where you may not have the same rights and protections as you do under local law.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SPH and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and SPH agree that any dispute arising out of or related to these Terms or our Services is personal to you and SPH and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to these Terms will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this clause is Singapore law. The seat of arbitration will be Singapore. The number of arbitrators will be one and that arbitrator must have relevant legal and technological expertise. If the parties do not agree on the arbitrator to be appointed within 15 days of the dispute proceeding to arbitration, the arbitrator is to be appointed by SIAC. The arbitration proceedings shall be conducted in English. Notwithstanding any other clause in these Terms, the Purchaser agrees the Company has the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of Singapore without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Digital Collectible Terms may be entered between you and SPH ("SPH Collectible Terms") or between you and the applicable Third Party Developer ("Third Party Collectible Terms"). SPH Collectible Terms, and any other terms that may be provided with or that you may otherwise agree to in connection with any particular Digital Collectible or Service, are incorporated into, and made a part of, these Terms by this reference. SPH is not a party to any Third Party Collectible Terms and will not have any responsibility or liability for, arising out of, or relating to any Third Party Collectible Terms.
Notwithstanding anything else in any Digital Collectible Terms, these Terms supplement the Digital Collectible Terms and these Terms will apply to any exercise of any license in or to any Related Content, any transfer of any Digital Collectible or any other use or disposition of any Digital Collectible; provided that in the event of any conflict or inconsistency between these Terms and any Digital Collectible Terms, the Digital Collectible Terms will govern. For avoidance of doubt, and notwithstanding anything else in these Terms or any Digital Collectible Terms, if you breach any obligation that you may have to make payments to SPH pursuant to any Digital Collectible Terms or these Terms, such breach shall constitute a breach of any and all of these Terms and any applicable Digital Collectible Terms.
Subject to the foregoing provisions of this Section 24, these Terms constitute the entire agreement between you and SPH relating to your access to and use of our Services.
Notwithstanding any other provisions of these Terms, Sections 6 through 25 survive any expiration or termination of these terms. The failure of SPH to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as "Device Information."
We collect Device Information using the following technologies: "Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org .
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). The Purposes listed may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
We share your Personal Date with third parties to help us use your Personal Date, as described above.
We use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Date here: https://www.google.com/intl/en/policies/privacy/ . You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout . We may share your Personal Data with the following categories of third parties:
· Our business partners, service providers, professional advisers, vendors and agents who assist us in performing certain aspects of our Services (including processing transactions, carrying out compliance check, data storage, management and analysis, maintenance of the Services, legal, audit, insurance and marketing services). These parties will only have access to your Personal Data to the extent necessary to perform their functions.
· Our potential investors, purchasers and commercial counterparties. We may share your Personal Data with any person who wishes to invest in us or whom we intend to enter into a business combination with (such as a purchase, sale, lease, merger or amalgamation, or any other acquisition, disposal or financing).
· Any third party claimants or potential third party claimants.
· Financial institutions, your card issuing bank or payment service provider in respect of any issues arising from or in connection with a transaction through our Services.
· Governmental and regulatory authorities: We may share your Personal Data with competent governmental and regulatory agencies in Singapore or other countries, including investigating officers and judicial authorities in the relevant jurisdictions.
As described above, we use your Personal Date to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's ("NAI") educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work .
You can opt out of targeted advertising by:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
GOOGLE - https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/ .
Please note that we do not alter our Site's data collection and use practices when we see a Do Not Track signal from your browser.
Subject to exceptions under applicable law and regulations, you may request access to your Personal Data that we collected in connection with the Services and information about how we have used and disclosed your Personal Data within a year before your request. Subject to exceptions under applicable law and regulations, you may also request to review, correct or delete any of that Personal Data. Additional rights may also apply under applicable laws. We reserve the right to charge a nominal fee in respect of our costs in processing your request for access to Personal Data.
If you wish to make (a) an access request for access to a copy of the Personal Data which we hold about you or information about the ways in which we use or disclose your Personal Data, or (b) a correction request to correct or update any of your Personal Data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below. In order to facilitate processing of your request, it may be necessary for us to request further information relating to your request. To protect your privacy and security, we will take reasonable steps to verify your identity before processing any access or correction request or withdrawal notice under this section.
We may retain your Personal Data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws. We will cease to retain your Personal Data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the Personal Data was collected, and is no longer necessary for legal or business purposes.
No data transmitted via the internet can be guaranteed to be wholly secure during transmission. As such, we cannot warrant the security of any information you transmit to us or which we transmit to you before its receipt and any transmission is at your own risk. You are at all times responsible for your own internet privacy settings. We are not responsible for the functionality, privacy or security measures of any other organisation or third-party websites, applications or services.
The consent that you provide for the collection, use and disclosure of your Personal Data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your Personal Data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below. However, please note that any withdrawal of your consent may have consequences, including your inability to use the Services.
Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process Your request within 20 business days of receiving it.
Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our Services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described above.
The Site is not intended for individuals under the age of 18.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact our Data Protection Officer by e-mail at email@example.com or by mail using the details provided below:
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LAST UPDATED ON: 2022.02.18