TERMS OF SERVICE

Agreement to Terms

This Website is owned and operated by Seacrypt. The following describes the terms and conditions that apply to your connection with https://seacrypt.co ("Website"). The following terms, conditions, and notices govern your access to and use of this Website, app, as well as the blockchain smart contracts and services made available through this Website (collectively, the "Services") (the "Terms of Service"). By accessing and using the Services, you agree to all of the Terms of Use, as they may be modified from time to time by us. You should check this page frequently to ensure that you are aware of any changes we make to the Terms of Use.

We shall not be responsible if this Website is inaccessible at any time or for any period for any reason. At times, we may limit access to portions or the entirety of this Website. This Website may contain links to other websites owned by parties other than Seacrypt (the "Linked Sites"). Seacrypt has no control over the Linked Sites and disclaims all responsibility and liability for them, as well as any loss or damage incurred as a result of your use of them. Your use of the Linked Sites is subject to the terms of service and privacy policies applicable to each such site.

Intellectual Property Rights

You hereby undertake and agree not to use the intellectual property rights granted to you under these Terms and Conditions in any manner that:

In the event that you use the intellectual property rights granted to you in contravention of these Terms and Conditions, you agree that we can take any action that we deem necessary or appropriate in our sole discretion. We reserve the right to take appropriate legal action or refer the matter to law enforcement should there be any unlawful or illegal use of the intellectual property rights.

User Representation

All registration information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such data and promptly update such data; (3) you have the legal capacity and you agree to abide by these Terms of Use, including the fact that you are not a minor in your jurisdiction; (4) you will not access or use the Site, app or blockchain smart contracts unless and until you are of legal age in your jurisdiction; (5) you will not access the Site through automated and non-human means, whether through a bot, script or otherwise.

User Registration

Registration may be required for use of the Site, the app, and the blockchain smart contracts. You agree to maintain the confidentiality of your password and are solely responsible for any and all use of your account and password. We have the right to delete, reclaim, or alter a username you choose if we believe it is incorrect, vulgar, or otherwise objectionable.

Prohibited Activities

You must not abuse our website, app, or blockchain smart contracts in any way. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or is offensive or obscene in any way; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe on the proprietary rights of any other person; send any unsolicited advertising or promotional material, commonly referred to as "spam"; Breaching this clause is a criminal violation, and Seacrypt will notify and cooperate with law enforcement authorities in the event of a breach. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material as a result of your use of this Website or your downloading of any material posted on it, or on any website to which it is linked.

Fee and Payment

Any purchases made on the site will be made using smart contracts executed on a blockchain and facilitated by a wallet. Financial transactions will be handled entirely on the Blockchain using a wallet. We will have no visibility into or control over these payments or transactions, and we will have no capacity to reverse any of them. With that in mind, we shall not be liable to you or any other party for any claims or damages arising out of any transactions you conduct via the Site and/or the App, or via the use of Smart Contracts, or through any other transactions you undertake over the Polygon network.

Polygon charges a transaction fee (referred to as a "Gas Fee") for each transaction that occurs on the Polygon network. The Gas Fee is used to fund the decentralized Polygon network's network of computers. This implies you will be charged a Gas Fee for each transaction made through the App.

In addition to the Gas Fee, each time you use a Smart Contract to make a transaction with another user via the App, you permit us to take a commission of the transaction's total value (each, a "Commission"). You accept and agree that as part of the transaction, the Commission will be sent directly to us via the Polygon Network.

You will be solely responsible for any sales, use, value-added, and other taxes, duties, and assessments (excluding taxes on our net income) now or in the future claimed or imposed by any governmental authority (collectively, "Taxes") in connection with your use of the Site or App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer of any of your NFT).

Third Party Website and Content

The Site may contain links to other websites ("Third-Party Websites") (or may direct you to them via the Site), as well as material or items belonging to or originating from third parties ("Third-Party Content").

We do not investigate, monitor, or verify the accuracy, appropriateness, or completeness of Third-Party Websites or Third-Party Content, and we are not responsible for the content, accuracy, offensiveness, opinions, reliability, or privacy practices of Third-Party Websites or Third-Party Content posted on, available through, or installed from the Site.

We do not authorize or support third-party websites or material simply by including them, linking to them, or permitting their use or installation. You use Third-Party Websites at your own risk, and these Terms of Use no longer apply.

You should review the terms and policies of any website you visit via the Site, as well as the privacy and data collecting practices of any apps you use or install from the Site. Any transactions you enter into through Third-Party Websites are between you and the relevant third party, and we are not liable for any such purchases.

By purchasing things or services from Third-Party Websites, you agree to release us from any liability resulting from your transaction. You agree to hold us harmless from any losses or harm caused by Third-Party Content or communication with Third-Party Websites.

Limitation of Liability

WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Seacrypt, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Use.

Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT YOU ARE USING THE SITE SERVICES AT YOUR OWN RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHAT WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PART OF OR IN ANY WAY BE YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREVER APPROPRIATE WHEN PURCHASING A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.

Assumption of Risk

You thus accept and acknowledge the following:

Blockchain asset values are very volatile. Price fluctuations in other digital assets may have a considerable and detrimental effect on the value of your NFTs, which may also be subject to severe price volatility. We cannot guarantee that purchasers of NFTs will not experience a loss of capital.

You alone are responsible for deciding which taxes, if any, apply to your NFT transactions.

The App is not capable of storing, transmitting, or receiving NFTs. This is because NFTs exist solely as a record of ownership on the network's supporting blockchain for the App. Any transfer of NFTs takes place only through the network.

There are hazards connected with using an Internet-based money, including the risk of hardware, software, and Internet connections failing, the risk of malicious software being introduced, and the possibility that third parties will gain unauthorized access to information kept in your wallet. You understand and recognize that we will not be liable for any communication failures, disturbances, mistakes, distortions, or delays you encounter while using the network, regardless of how they occur.

A lack of interest or usage in creating and developing distributed ecosystems might have a detrimental effect on the growth of the NFT ecosystem, and hence on the potential usefulness or value of NFTs.

The legal environment around blockchain technology, cryptocurrencies, and tokens is unknown, and new legislation or policies may substantially harm the growth of the NFT ecosystem, and hence the usefulness or value of NFTs.

User Data

We will retain some data that you provide to the Site, the App, and the Smart Contracts in order to manage their operation, as well as data about your usage of the Site, the App, and the Smart Contracts. Although we maintain frequent data backups, you are entirely liable for any data you submit or disclose as a result of any action you do while using the Site, the App, or the Smart Contracts. You agree that we shall have no obligation to you for any loss or corruption of such data, and you hereby waive any claim against us for such loss or corruption.

Termination

These Terms of Use will continue to apply whenever you use the Site, the App, and the Smart Contracts. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE, THE APP, AND THE SMART CONTRACT TO ANY PERSON FOR ANY OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVE IN OUR SOLE DISCRETION, WE MAY CANCEL YOUR USE OR PARTICIPATION IN THE SITE, THE APP, OR THE SMART CONTRACT, OR WE MAY DELETE YOUR ACCOUNT WITHOUT NOTIFICATION.

If your account is terminated or suspended for any reason, you are banned from registering and creating a new account in your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. Along with cancelling and suspending your account, we maintain the right to pursue appropriate legal remedies, including but not limited to civil, criminal, and injunctive relief.

Governing Law

These terms and conditions, as well as the transactions envisaged hereunder, will be governed by and construed in accordance with the laws of Singapore . Any legal or equitable action arising out of or connected to these Terms must be filed exclusively in the courts of Singapore.

Dispute Resolution

Informal negotiations

To expedite resolution and contain the cost of any dispute, controversy, or claim arising out of or relating to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually a "Party" and collectively, the "Parties"), the Parties agree to attempt informally to resolve any Dispute (except those expressly provided below) before initiating the arbitration. These informal discussions begin when one Party notifies the other Party in writing.

Binding Arbitration

If a Party is unable to resolve a Dispute via informal negotiations, the Disputes (with the exception of those specifically excluded below) will be handled ultimately and solely by binding arbitration. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT.

If a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the Singapore courts, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.

In no circumstances will any Party start any action relating to the Site, the App, or the Smart Contracts more than one (1) year after the cause of action originated. If this section is determined to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the illegal or unenforceable portion of this clause, and such Dispute shall be resolved by a court of competent jurisdiction and the Parties agree to submit to the personal jurisdiction of that court.

Exceptions to the Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the preceding provision regarding informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity and enforceability of, a Party's intellectual property rights; (b) any Dispute involving, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this section is determined to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute that falls within the illegal or unenforceable portion of this clause, and such Dispute shall be resolved by a court of competent jurisdiction and the Parties agree to submit to the personal jurisdiction of that court.

Changes To The Terms

We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the App/Website and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the App/Website.

CONTACT US

If you have questions or comments about this Terms and Conditions, please contact us at admin@seacrypt.co

Last Updated: Oct 20, 2022