WePlay Collectibles is a web-application and digital art shop that provides users with the possibility to buy, collect and display NFTs related to WePlay Esports’s NFT tournament content, esportaiment events, or popular esports players, teams, talents (hereinafter – “Platform”).
For the purpose of present Terms of Service Flow Media Esports Limited. (hereinafter – “WePlay Esports NFT”, “we”, “us” or “our”) is an administrator of the Platform and a primary author, creator, and the sole owner of all NFTs proposed to users at the Platform.
Please read these Terms of Service carefully before using our Platform. Terms of Service is an agreement between WePlay Esports NFT and you governed by the laws of Hong Kong including rights and obligation execution by the user and WePlay Esports NFT, limitations, conditions and restrictions that may apply to the User (hereinafter collectively – Parties, and each – Party).
Terms of Service as a full-fledged agreement legally binds the User and WePlay Esports NFT. By accessing or using all or part of the Platform, you are accepting these Terms of Service and you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service.
You as a natural person have to be 18 years old or at the age of majority required by your laws of jurisdiction to be permitted to use the Platform. If you act on behalf of the legal entity, you represent and warrant you have the authority to take legal actions on behalf of this legal entity with regard to using the Platform. A natural person and a legal entity are considered as users (hereinafter – “User/Users”) under these Terms of Service.
If you do not accept some or all provisions set forth hereunder you are not permitted to use the Platform.
Using this Platform, the User is solely responsible and accepts all financial risks due to purchase, collection, usage and display of the NFT. WePlay Esports NFT does not control any of the User’s actions within the Platform as well as any action with NFT out of the Platform
WePlay Esports NFT has a right to make any amendments unilaterally to these Terms of Service. It is exclusive User’s obligation to check these Terms of Service from time to time. Any amendments to these Terms of Service will be effective from the moment of its update.
NFT means a non-fungible token minted by WePlay Esports NFT by means of Ethereum Blockchain technology. NFT exists as a digital record in the Ethereum public blockchain and is connected to a particular Collectible Artwork (picture, song, video, photo, etc.). NFTs exist only by virtue of the ownership records in the Ethereum blockchain and cannot exist outside of the Ethereum blockchain.
The User may purchase NFT only by linking its digital wallet via supported bridge extensions such as MetaMask and other supported digital wallets.
Usage of third-party digital wallets is a subject of a separate legal agreement between the User and respective owners of such digital wallets. The User is personally liable for the password security of its own digital wallet.
Any transaction within the Platform subject to sell, buy or storage of the NFT is managed and confirmed on the ERC smart contract through the decentralized Ethereum blockchain technology. It means WePlay Esports NFT has no control over transactions on the Ethereum blockchain nor over User’s digital wallet, User’s browser, third party’s websites or applications User might access, visit, or use for the purpose of enabling User to use various features of the Platform. WePlay Esports NFT will not have any responsibility for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
The User is informed and accepts its Ethereum public address will be made publicly visible whenever the User engages in a transaction on the Platform.
For the purpose of these Terms of Services the moment of Purchase means when (i) the amount of NFT price is credited to the digital wallet of WePlay Esports NFT, and afterwards (ii) NFT is transferred to the User’s digital wallet. From the moment of Purchase, the User entitled to dispose of NFT at his own discretion, subject to limitations of these Terms..
WePlay Esports NFT retain it’s right to cancel incoming transactions in case of suspicion of usage of funds from illicit sources.
Proposed NFT’s may be deemed only as the digital representation of collectible Artwork. The User is not entering into these Terms for the purpose of making an investment, speculative trade and any other venture which may be deemed as investment or otherwise profitable.
WePlay Collectibles as the Platform is an ownership of WePlay Esports NFT, managed and operated by WePlay Esport. The Platform as a business-product includes many elements and parts that are constantly developed, upgraded and maintained by WePlay Esports NFT, including but not limited to – software, databases, metadata, designs, graphics, trademarks, logos, commercial names (hereinafter – “IP objects”) are owned by WePlay Esports NFT or its licensors, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.
The User cannot use any or all IP objects in any ways other than are expressly permitted hereunder.
Providing the User with a service WePlay Esports NFT explicitly states that it does not offer the User custodian services. The Platform facilitates the User collection of NFT, but neither WePlay Esports NFT nor the Platform are custodians of any NFT. The User understands and acknowledges that the smart contracts do not provide WePlay Esports NFT any custody, possession, or control of any NFT or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. The User affirms that it is aware and acknowledges that WePlay Esports NFT is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by WePlay Esports NFT or any third parties.
WePlay Esports NFT is not a financial institution, stock exchange, nor broker that facilitates or conducts any financial transactions with tokens as digital currency, securities, or proprietary rights.
The Platform may include hyperlinks to other websites, resources, services, applications (hereinafter – “Third Party’s Links”), which are provided solely as a convenience to User. WePlay Esports NFT has no control over any Third Party’s Links. The User acknowledges and agrees that WePlay Esports NFT is not responsible for the availability of any Third Party’s Links, and that it does not endorse any advertising, products or other materials on or made available from any Third Party’s Links. Furthermore, the User acknowledges and agrees that WePlay Esports NFT is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Party’s Links, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Party’s Links.
Hereby the User grants to WePlay Esports NFT a worldwide, non-exclusive, perpetually, irrevocable, royalty-free license to exploit the User’s feedbacks (suggestions, ideas, comments, inquires, questions) that are provided in written or oral for any business purposes, including, but not limited to, for services, Platform, UI/UX design improving, new products/services/features creation. Any of such feedback is not deemed as a disclosure of confidential information.
Any payments or financial transactions that the User engages in via the Platform will be conducted solely through the Ethereum Network.
The User may execute payment for the NFT via ETH payment using User’s supported digital wallet;
Purchasing of the NFT and confirming of this transaction on Platform are facilitated by smart contracts existing on the Ethereum blockchain. The Ethereum blockchain requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of WePlay Esports. The User acknowledges that under no circumstances will a transaction (NFT purchase) on WePlay Collectibles be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable. The User also acknowledges and agrees that Gas fee is non-refundable under all circumstances.
Weplay Esports will cover the gas fee of a single outcoming transaction from Weplay Esports minting contract to User’s digital wallet, which was used to initiate Smart Contract.
Weplay Esports has no control over transactions, nor has the ability to reverse any payments or transactions in Ethereum Network. Weplay Esports has no liability to the User or to any third party for any claims or damages that may arise as a result of any payments or transactions that the User engages in via the Platform. Weplay Esports does not provide refunds for any purchases on the Platform.
All taxes and other obligatory fees arise from the NFTs transaction is the sole responsibility of the User. The User undertakes to determine and pay all applicable taxes and fees such as sales or use tax, VAT, GST or similar to them.
WePlay Esports NFT has no obligations to determine and bill you for any payable taxes/fees subject to the NFT transaction within or out of the Platform.
The Artworks created for WePlay Collectibles by WePlay Esports NFT are unique and rare. There are no other IP objects similar to the Artworks.
The all Artworks are initially invented by WePlay Esports NFT or created on basis of WePlay Esports NFT’ cybersport content (tournaments, events) as well as on basis of collaboration of Weplay Esports and the e-sports media persons – players, teams, talents, etc. (hereinafter – WePlay Esports’s NFT Partners).
Ownership to the NFT (a record in the Ethereum blockchain) is transferred to the User as it said above. The User shall understand that NFT as the Collectible Artwork related to the certain NFT have a different legal nature.
Ownership over the NFT User grants a right to sell, transfer, show, collect and otherwise dispose of the NFTs. Ownership to the NFT is totally managed by the Ethereum blockchain.
Owning the NFT has not the same legal consequences as using the Artwork.
The License is applicable only for the current NFT’s owner. After the subsequent transfer, selling, destruction, or other relinquishment of the NFT the License will immediately terminate the former Owner’s rights and interest in the License or NFT as provided by these Terms of Service.DMCA Take-down Notice and Other Remedies. If WePlay Esports NFT reveals an infringement of its Intellectual Property Right to any of Artworks in the Internet, it has a right to submit DMCA take-down notice according to the Digital Millennium Copyright Act. Along with DMCA take-down notice, WePlay Esports NFT may apply with a request to:
Persons anyway connected to money laundering, fraud, corruption, proliferation and other illicit activities are prohibited to use the Platform.
Persons residing in Afghanistan, Burundi, Central African Republic, Democratic Republic of Congo, Cuba, Iran, Iraq, North Korea, Lebanon, Libya, Somalia, Sudan, Darfur, South Sudan, Syria, Venezuela, Yemen, Zimbabwe, Nicaragua, Mali, territories of Donetsk and Lugansk regions of Ukraine, the Autonomous Republic of Crimea are prohibited to use the Platform.
At the moment, US residents and US cititzens are not allowed to use the Platform.
Persons, who are considered as sanctioned persons/entities under UN, US, EU and other countries sanction lists are prohibited to use the Platform.
User confirms having enough knowledge, experience, and being sophisticated in using and evaluating blockchain and related technologies, including Ethereum, NFTs, Collectibles and “smart contracts”.
As a rule, the User involved in the NFTs purchasing, collecting, trading knows the price of NFT is extremely volatile. Price for NFTs, especially at the primary market has subjective nature because of the NFT's uniqueness, rareness, demand at a certain moment of time, and many other reasons that often do not have any economic, financial grounds.
But, WePlay Esports NFT pay the User’s attention to the said above and calls all Users to analyze and make a decision on purchase, selling, other disposing of NFT at its own discretion.
WePlay Esports NFT do not control a price formation at the secondary market, so we cannot guarantee that any NFT purchased will retain their primary value, as the value of NFT is inherently subjective and factors occurring outside of the Platform may materially impact the value and desirability of any separate NFT.
Along with the risk subject to the NFT pricing, the User acknowledges and accepts all risks in associated with ETH using as well as any interruptions, interventions, interactions to Ethereum Blockchain, Internet disconnection, timing errors on the Platform or in smart contract.
NFTs are not legislatively governed and new regulations or policies may materially affect the development of the NFTs, as well as Ethereum Blockchain both for the better and for the worse.The User acknowledges it is its own responsibility to manage personal e-wallet login and password:
The User understands and agrees that WePlay Esports NFT, its subsidiaries, affiliates and licensors will not be liable to User or to any Third Party for any indirect, incidental, special, consequential, or exemplary damages which User may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, diminution of value or any other intangible loss, even if WePlay Esports has been advised of the possibility of such damages. Use of the Platform or Third Parties links, products are at User’s own discretion and risk, and User will be solely responsible for any damage to its computer system or mobile device or loss of data resulting therefrom.
The User agrees that WePlay Esports NFT total, aggregate liability to him/her for any and all claims arising out of or relating to these Terms of Service, or use of (or inability to use) any portion of the Platform, whether in contract, tort, strict liability, or any other legal theory, is limited to the greater of the amounts you have actually and lawfully paid us under these terms in the one (1) month period preceding the date the claim arose.The foregoing limitations of liability shall not apply to liability of WePlay Esports NFT for:
The User acknowledges and agrees that we have made the Platform available to you and entered into these terms in reliance upon the representations and warranties, disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk between WePlay Esports and you and form an essential basis of the bargain between WePlay Esports and you. We would not be able to provide the Platform to you without these limitations.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Platform or with these Terms of Services, your sole and exclusive remedy is to discontinue use of the Platform.
WePlay Esports NFT provides the User with the Platform use “as is” and “as available” with all possible errors, technical mistakes or “bugs” without any warranties due to workmanlike flow of the Platform, smart contract or Ethereum Blockchain.To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the Platform and any part of it, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that:
All disputes arising out of or in connection with IP objects connected to this Terms of Service shall be referred to and finally resolved by the relevant state court of Hong Kong.
Arbitration Fees. Each party will cover its own fees and costs connected to the arbitration process.
Enforcement. The award of the arbitrator will be final and binding, and any judgment on the award may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
Equitable Remedies. Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
WePlay Esports NFT and the User independently of each other receive a right to terminate these Terms of Services.
WePlay Esports NFT may terminate the User’s usage of the Platform at any time, under or without reason at its own discretion and without any prior notice. Should the termination will occur, the User will have no right to request for refund of a previously paid amounts.
The User may terminate these Terms of Services by mean of discontinuing its access and using of the Platform. Should the termination will occur, the User will have no right to request for refund of a previously paid amounts.
Interpretation. All the set forth hereunder provisions will be interpreted fair and impartially, without prejudice to the User or WePlay Esports NFT.
Governing Law. These Terms of Service are constructed and governed by the laws of Hong Kong without giving effect to any choice or conflict of law provisions or rule.
Severability. Should any provision of these Terms of Service be held invalid, illegal, void or unenforceable, that provision will deemed severed from these Terms of Service and will not affect the validity or enforceability of the remaining provisions of these Terms of Service.
Survival. The following sections will survive the expiration or termination of these Terms of Service: 1-2 and 4-13.
No Waivers. WePlay Esport’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. WePlay Esports NFT exercises any of right at its own discretion.