Please read these Terms and Conditions (“Terms and Conditions”) carefully before using our website, Metavists NFT, and other related products and services (collectively known as the "Services"). Your access to the Services is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use our Services.

By using our Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then please do not use the Services.

1.GENERAL

• Thank you for visiting our website. Our website allows you to purchase the Metavist NFT through secondary markets. To know more about us, please see here.
• Please note that these terms and conditions contain a dispute resolution clause. Except where expressly mentioned, you agree that disputes relating to these terms and conditions or your use of the App will be governed by this dispute resolution clause. You waive your right to participate in litigation or class-action lawsuit or class-wide arbitration.
• By accepting this Agreement, you affirm that you are a major in your jurisdiction i.e. 18 years in most countries. If you are a minor in your jurisdiction, you can use our Services only with the permission or consent of your guardian.
• By agreeing to these terms and conditions, you agree to the processing and storage of your personal information in accordance with our Privacy policy. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the privacy policy shall prevail.
• By visiting our website, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of the Service does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.

2.APPLICABLE TERMS

• Users can use this Service subject to these Terms and Conditions, our Privacy Policies, and other local laws, rules, and regulations. It is your responsibility to make yourself aware about any local laws, rules, and regulations.
• These Terms and Conditions, the NFT License Agreement, and the Privacy Policy. In the event of any inconsistency between the Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail. In the event of any inconsistency between these Terms and Conditions and the NFT License Agreement, the NFT License Agreement shall prevail.

3.REGISTRATION AND SUBSCRIPTIONS

• The Metavists NFT will be sold in secondary markets such as OpenSea, Rarible, and LooksRare. You may be asked to provide your personal details such as your name, last name, location, date of birth, and email address by these platforms (secondary markets) in order to become a registered user of these platforms. It is your responsibility to read the Terms and Conditions and the Privacy Policy of these platforms carefully. We will not be held responsible for any risk or breach occurring due to your use or interaction with these platforms.
• You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. We will not be responsible if someone other than you uses or misappropriates your credentials to log into your Metavists account.
• Metavists accounts are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance.

4.PROHIBITIONS AND RESTRICTIONS

Your use of our Services is contingent upon the following:

• You agree to use our Services in such a way that it does not interrupt, interfere, harm, damage, destroy or limit the functionality of our Services. Such acts could include uploading, posting, emailing, sharing, sending, or transmitting any content that contains software viruses or any other computer code, files or programs.
• You agree not to use our Services in an unauthorized manner.
• You agree not to impersonate any person while using our Services and conduct yourself in an offensive manner.
• You agree not to use our Services for any illegal purposes including but not limited to unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes.

5.INTELLECTUAL PROPERTY RIGHTS

• All content on our website is owned by Metavists (or our affiliates and/or third party licensors, where applicable). You agree that you will not use this material without our explicit authorization.
• The terms and conditions pertaining to your use of the Metavists NFT are stated in our NFT License Agreement. Please read this agreement carefully before buying and using the Metavists NFT.
• We may remove commercial advertisements, affiliate links, and other forms of solicitation without notice and may terminate your account.
• You agree not to download, copy, republish or transmit any audio or video content related to our Services without our prior written authorization.
• You undertake not to do anything on this App which infringes upon someone else’s copyright, trademarks, trade secrets, and proprietary information without their written authorization. We reserve the right to remove any infringing material posted by you if we are notified of any infringement by the intellectual property owner or their legal agent or representative.
• This App may allow users to submit content to us. For example, you may be able to upload a profile picture, post comments in the community and at other places. We will retain the rights over this user generated content in order to operate, market, and promote our Services.You grant us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, royalty free, worldwide license to use, copy, distribute, publicly perform, publicly display, print, publish, republish, modify, translate and create derivative works of such user generated content. This license also grants us the right to sublicense the user generated content to other users so that they are able to use this content from time to time.
• Metavists logo and our product or service marks (including Metavists NFT) are trademarks of TBS Pte Ltd. All intellectual property, trademarks, logos, service marks used on our Services belongs to our registered company namely TBS Pte Ltd. You are prohibited from using, altering, removing or copying such material including TBS Pte Ltd logo, brand, or service mark.

6.SUSPENSION AND TERMINATION

We may suspend or terminate the use of our Services as a result of fraud or breach of these Terms and Conditions. Such termination or suspension may be immediate and without notice. If you want to appeal such suspension or termination, you can write to us here: info@metavists.xyz.

7.LINKS TO OTHER APPS AND WEBSITES

• We may provide links to other Apps, websites or services for you to access. You agree that any access is at your sole discretion and purely for informational purposes. Neither do we review nor do we endorse those Apps, websites or services. We will not be held liable for any breach occurring due to your access to those Apps, websites or services including but not limited to: (i) privacy breach (ii) copyright infringement (iii) the quality of content, products advertising, goods or other materials available on those Apps, websites or services.
• We will also not be responsible if there is any damage, loss, or offense caused or alleged to be caused due your access to these third-party websites, Apps, or services.
• You must not create a link to our Services in such a way as to suggest any form of association, approval or endorsement on our part as none exists. We have the sole authority to consent to any third-party linking to our App. If you wish to establish a link to our App or enter into a commercial partnership with us, please send us an email at: info@metavists.xyz.
• If we discover that you have linked your App, website, or service to our App without taking our written authorization, we reserve the right to terminate your account and withdraw your access to the linking functionality.

8.GUARANTEE ON AVAILABILITY

• Our ability to provide our Services to you depends upon several factors especially technical reasons, business reasons, and others. Therefore, we do not guarantee that our Services will be available at all times or in perpetuity.
• Your access to the Services may be occasionally restricted to allow for updates, maintenance or the introduction of new features or services. We will restore our Services as soon as is reasonably possible in the circumstance (s) of the case.

9.ASSIGNMENT

• We may transfer our rights and obligations under these Terms and Conditions to any company, firm or person at any time provided it does not materially affect your rights under it.
• You may not transfer your rights or obligations under these Terms and Conditions to anyone else as they are personal to you.

10.DISCLAIMER OF WARRANTIES

You accept the purchased NFT(s) “as is”, with no representation or warranty of any kind, express or implied, in excess of any statutory warranty rights that you may have under applicable law.

11.ASSUMPTION OF RISK

You agree as follows:

• To the extent a there is a price or market for a blockchain asset, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) you own;
• There are risks associated with using an Internet-native assets (e.g., non-fungible tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet”;
• upgrades to the Ethereum platform, a hard fork in the Ethereum platform, a failure or cessation of Ethereum, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation your purchase of the NFT;
• We are not responsible for any transaction between you and a third party or for any consequences of such a transaction (e.g. any costs or taxes being due with respect to such transaction), and we will not have any liability in connection with any such transaction or its consequences.

12.LIMITATION OF LIABILITY

• Under no circumstance shall we or any of our officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Services, whether such liability is under contract, tort or otherwise.
• Under no circumstance shall we including our officers, directors and employees be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Services.

13.INDEMNIFICATION

You agree to indemnify us to the fullest extent possible from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

14.GOVERNING LAW

This contract is governed by the laws of Singapore.

15.DISPUTE RESOLUTION

• The parties to this Agreement agree that they will attempt to settle any dispute, claim or controversy arising out of this Agreement through good faith negotiations in the spirit of mutual cooperation between all the concerned parties.
• Any dispute, claim or controversy that cannot be resolved by the parties through good faith negotiations within thirty (30) days of the notification to the other party of the commencement of the dispute resolution procedures will upon the written request of any party hereto, be resolved by binding arbitration conducted in accordance with the rules of the Singapore International Arbitration Centre (SIAC) by a sole arbitrator. Such arbitrator shall be mutually agreeable to the parties to this Agreement. If the parties cannot mutually agree upon the selection of an arbitrator, the arbitrator shall be selected in accordance with the effective rules of the Singapore International Arbitration Centre (SIAC).
• Nothing contained in this Agreement shall prevent any party hereto from resorting to judicial process if injunctive or other equitable relief from a court is necessary to prevent injury to such party. The use of arbitration procedures will not be construed under the doctrine of laches, waiver or estoppel to adversely affect the rights of any party hereto to assert any claim or defense.

16.ENTIRE AGREEMENT

These Terms and Conditions including any legal notices and disclaimers, constitute the entire agreement between us in relation to your use of this App, and supersedes all prior agreements and understandings with respect to the same.

17.SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this License Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

18.VARIATION OF AGREEMENT

We may reserve the right, at our sole discretion, to modify or replace this Agreement at any time. It is your responsibility to keep yourself updated about recent changes.

19.WAIVER

If there is a delay on our part in exercising our rights under this fAgreement such delay will not constitute a waiver of that right or any other rights under this Agreement.

20.NOTICES & COMMUNICATION

• These Terms and Conditions are subject to change at any time without notice. Please review these Terms and Conditions periodically to make sure that you are aware about the changes. We will not be held responsible if you are not aware about the recent changes to these Terms and Conditions. The recent changes can be found at the top of this policy.
• These Terms and Conditions are effective from 2nd October 2022. If you have any questions related to these Terms and Conditions or about this App, please contact us at info@metavists.xyz.

These Terms are effective and were last updated on 2nd October 2022

Metavists is located in Singapore.