日本語 参考訳は文末にあります

  1. ACCEPTANCE OF TERMS

    1. The Terms of Service, including any terms and conditions and policies incorporated by reference (collectively, the “Terms”) constitute a binding agreement between You and VEL/ VETT (Singapore) Pte Ltd, a Singaporean company with Company Registration Number 20. 22. 37. 39. 2E, having its registered office at 68 Circular Road,#02-01,Singapore 049422 (referred to as “Company”, “us”, “we” or “our”) when You access any website offered by us, including www.unikura.xyz and app.unikura.xyz (the “Website”), any mobile app offered by us, or any other platform we may provide (individually and collectively, the “Platform”) and any features, functions, services, products (including any Unikura Membership NFTs and Unikura NFTs, as defined below), rewards, offers, materials or information available on or through the Platform (collectively, the “Services”) in existence now or in the future. You are referred to herein as “You” or “Your”. Together, You and Company are referred to herein as “Parties”. Any use of our Website is conditional on Your acceptance of the Terms. The Privacy Policy posted on www.unikura.xyz and app.unikura.xyz also forms the Terms.
    2. BY USING THE PLATFORM AND SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS; AND (B) ACCEPT THE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THE SAME. THE TERMS FORM A LEGAL BINDING CONTRACT BETWEEN YOU AND US.
    3. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU DO NOT FULFIL THE CONDITIONS SET OUT IN CLAUSES 11.1 AND 11.2 BELOW, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES. ANY BREACH OF THE TERMS IMMEDIATELY TERMINATES YOUR RIGHT TO ACCESS AND USE THE PLATFORM AND SERVICES AND ALL RIGHTS AND LICENCES GRANTED TO YOU BY THE TERMS.
  2. DEFINITIONS

    In these Terms, unless the context requires otherwise:

    1. Account” refers to a User’s account created by a User by connecting a Digital Wallet.
    2. Collectible” means a collectible or other item of value, examples of which include but are not limited to art, trading cards and watches, that are associated with a Unikura NFT. The Collectibles will be stored, maintained, preserved and held by the Company on behalf of the NFT Owners.
    3. Digital Assets” has the meaning set out in Clause 3.2.
    4. Digital Wallet” has the meaning set out in Clause 3.1.
    5. Front Payment” refers to the payment made in advance for the cost of the Unikura NFT when making an Initial Order.
    6. Gas Fee” has the meaning set out in Clause 8.2.
    7. Initial Buyer” refers to the User who has made an Initial Order.
    8. Initial Order” refers to the act of requesting ownership and tokenization of a Collectible not yet tokenized on Unikura.
    9. Original Owner” refers to the User who lists their Collectible on Unikura platform as an original owner of the Collectible.
    10. Intellectual Property Rights” refer to patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
    11. NFT” refers to a non-fungible token.
    12. NFT Owner” refers to the User that owns one or more Unikura NFTs.
    13. Privacy Policy” has the meaning set out in Clause 13.1.
    14. Unikura NFT” means an NFT made available on the Platform that represents a right to be recognized as the owner of an ownership interest of a Collectible associated with it.
    15. Service Fee” has the meaning set out in Clause 5.3.
    16. Unikura” is the name of the project which operates a digital marketplace and protocols that allows users to buy Unikura NFTs.
    17. Unikura Membership NFT” means an NFT issued by Unikura which has a special access to our service or utility for those who own this NFT.
    18. Unikura Trademarks” means any and all logos, trademarks, service marks, and trade dress associated with Unikura, the Platform, Protocols and the Services, including but not limited to the “Unikura” name, or any other names of products or services developed by us.
    19. User” refers to any individual or entity who is using Unikura (including the Company), regardless of the purpose of use.
  3. ACCESSING THE SERVICE

    1. Like much of web3, Your blockchain address functions as Your identity on the Service. Accordingly, You will need a blockchain address and a third-party digital wallet to access the Service (the "Digital Wallet”). For avoidance of doubt, You do not have to create an account in order to view and access the Platform. However, in order to access certain Services, including accessing certain features on our Platform (such as to mint or buy Unikura Membership NFTs), You will be required to create an account and connect or link a Digital Wallet owned or created by You to our Services. The Digital Wallets that we support are listed on our Website. You will be solely responsible for procuring a Digital Wallet.
    2. Your use of Your Digital Wallet in connection with the Service and the Platform, is at Your own risk and subject to the terms and conditions of the third-party provider of the relevant digital wallet. Digital Wallets are not operated by, maintained by, or affiliated with Unikura or the Company, and Unikura and the Company do not have custody or control over the contents and/or assets (examples of which include but are not limited to cryptocurrencies, NFTs, digital collectibles or other electronic assets) (collectively, “Digital Assets”) stored in Your Digital Wallets and has no ability to retrieve or transfer such Digital Assets. The Company and Unikura accept no responsibility for, or liability to You or any third party, in connection with Your use of Your Digital Wallet and make no representations or warranties regarding how the Platform and the Services will operate with any specific Digital Wallet. You are solely responsible for keeping Your Digital Wallet secure and You should never share Your Digital Wallet access credentials, password, or seed phrase with anyone.
    3. If You discover an issue related to Your Digital Wallet, please contact Your Digital Wallet provider. Likewise, You are solely responsible for all transactions, activity and communications conducted and/or transmitted through Your Account and any associated Digital Wallet, whether by You or by another person. We are not liable for any acts or omissions by You in connection with Your Account or as a result of Your Account or Digital Wallet being compromised. You agree to immediately notify us if You discover or otherwise suspect any security issues related to the Service, the Platform, or Your Account (You can contact Us [email protected]).
  4. ORIGINAL OWNER AGREEMENT

    1. As an Original Owner, by using the Company’s Services, You represent and warrant that (i) Your actions and all aspects of Your Collectible(s) comply with the Terms of Service, Privacy Policy and any other published policy of the Company; (ii) You are the owner (or authorized representative of the owner) of each Collectible and have the legal right to sell the Collectible and to post all of the Collectible’s descriptions, photos, and other content related to the Collectible listing; (iii) You are in compliance with all laws or regulations regarding the possession of any Collectible; (iv) You are authorized to use the Services and submit Your Collectible to the Company; and (v) Your Collectible(s) is authentic, in its described condition, and is not a forgery, doctored, or otherwise altered, and You have disclosed all damage or defects with such Collectible, including significant wear, rips, tears, discoloration, odour, or broken hardware or components. You must accurately describe Your Collectible(s) and any information submitted with the Collectible must accurately, truthfully, and completely describe the Collectible. The Company may write Collectible descriptions and fill in Collectible attributes on Original Owner’s behalf, but the Company is not obligated to do so.
    2. To list the Collectible on Unikura, Original Owner needs to submit the information and photo of the Collectible. You cannot list Collectibles that You do not own or do not have in Your possession. The Company reserves the right to remove any Collectible from the list at its sole discretion, for any reason whatsoever.
    3. Upon the Initial Order from the Initial Buyer, the Company will share the shipping address for the appropriate storage facility to the Original Owner. It is the responsibility of the Original Owner to arrange for shipping to the Company’s storage facility, and the shipping costs are also to be borne by the Original Owner. The Original Owner or the Original Owner’s shipper remains fully legally responsible for the Collectible until the Company receives it at the Company’s storage facility. Original Owner shall ship the Collectible in a timely manner to the Company. Upon receipt of the Collectible from Original Owner, the Company will use commercially reasonable efforts to confirm the authenticity and conditions of the Collectible. If the Company rejects the Collectible from the Original Owner for any reason, including but not limited to the item being identified as counterfeit following authentication or failing to meet the standard condition, the Original Owner must either pick up the Collectible from the shipped address or it will be returned to the Original Owner with shipping charges due upon receipt. If the Original Owner refuses to retrieve the Collectible by any method, the item will be considered abandoned 30 days after the pickup request was made, and the Company may dispose of the Collectible. Furthermore, the Original Owner may be billed for any reasonable expenses incurred due to the refusal to retrieve the item.
    4. Each Original Owner must provide the Company with a Digital Wallet address as the destination for the proceeds of the Collectible purchased. Company shall have no liability arising out of or relating to the Digital Wallet address, payment processor information, or other banking or payment account information provided by You (e.g., any errors, circumstances, acts or omissions resulting in loss of funds).
    5. In the event of a dispute between You and any third party related to Unikura NFTs, including without limitation any dispute between You and an Initial Buyer, or payment services provider, Company will not be a party to any such dispute. YOU ARE SOLELY RESPONSIBLE FOR DISPUTE RESOLUTION IN CONNECTION WITH YOUR COLLECTIBLE AND YOUR UNIKURA NFTS. You shall have no recourse against Company in connection with any claims that arise from disputes between You and any third party arising from or related to Your Collectible or Your Unikura NFTs.
    6. Company reserves the right to remove any Original Owner from the Service and to terminate such Original Owner’s ability to offer Collectibles through the Service at any time, with or without notice, (i) upon Companies reasonable belief that such Original Owner has breached the Terms; or (ii) in the event that Company terminates the applicable Service.
    7. The Original Owner is entitled to receive seller royalties as the original owner when the Unikura NFT associated with the Collectible listed by the Original Owner is purchased on the secondary market on Unikura.
  5. CUSTODY, MANAGEMENT AND SALE OF COLLECTIBLES

    Transactions on our Platform

    1. You hereby acknowledge and agree that the Company may, at its sole and absolute discretion entitled by the NFT Owner from time to time, take possession, store, manage, preserve (including for the purposes of investigation, analysis, repair and restoration) and perform all other necessary actions (hereinafter in this Clause referred to as "Management and Other Actions") of the Collectibles. The Company may sub-contract the performance of the Management and Other Actions at its sole and absolute discretion.
    2. In the event of damage to the Collectible caused by our intentional or gross negligence while providing services in connection with the Management and Other Actions related to the Collectible, the Company shall be fully liable, and this liability shall be limited to the sales price and purchase price of the relevant Collectible, except as stated in Clause 16.2. In other cases, such as minor negligence, the Company may be partially exempted from liability, and this liability shall also be limited to the sales price and purchase price of the relevant Collectible, except as stated in Clause 16.2.
    3. The Company shall have the right to charge a service fee for the Services provided in relation to the Management and Other Actions of any Collectible (the "Service Fee”). Such Service Fee shall be charged and payable at the time of the sale of Unikura NFTs on our Platform. Prior to the expiration of the Initial Term or the relevant subsequent period, NFT owners can choose either to redeem the Collectible or to continue storage by paying the Service Fee for each subsequent three (3) years period (each referred to as a “Subsequent Term“). We reserve the right to notify NFT owners about the completion of the three (3) years period and relevant charges of Service Fee. This notification will be carried out in a manner we deem appropriate. Upon receiving this notification from us, NFT owners must promptly decide whether to redeem or to pay the Service Fee.
    4. In the event that the Service Fee set out in this Clause 6.3 has not paid for a continuous period of three (3) months after requesting the Service Fee corresponding to the period set out in Clause 6.3, the Company reserves the right to terminate the Management and Other Actions to the subject Collectible and to dispose of such Collectible at its sole discretion and ownership of the collectible will be transferred to the company .
  6. INITIAL ORDER

    1. The Initial Buyer requests the Initial Order and tokenization of the Collectible that has not yet been tokenized on Unikura. The Initial Buyer shall make the Front Payment for the Unikura NFT at the time of the Initial Order.
    2. In the event that any of the following occurs, the sale will be deemed unsuccessful, and the Initial Buyer will be refunded the Front Payment and the Gas Fee incurred at the time of payment:
      1. the Original Owner could not prepare the Collectible,
      2. the Collectible differs significantly from the photos or descriptions posted,
      3. the Collectible is determined to be counterfeit,
      4. Any other cases in which Unikura deems it inappropriate to have the sale executed.
      5. If the payment is cancelled for any reason on the payment provider’s side.
    3. When an Initial Buyer makes an Initial Order on our Unikura, such Unikura NFT is minted directly into the Digital Wallet through which the Initial Buyer connected to Unikura and initiated payment.
    4. Upon the simultaneous conclusion of purchase agreements between the Original Owner and the Company, and between the Company and the Initial Buyer, as well as the minting of the Unikura NFT to the Initial Buyer, the ownership of the Collectible shall be transferred from Original Owner to the Initial Buyer via the Company. The payment will be automatically completed via smart contract at the moment the Unikura NFT is minted when user chose pay by digital wallet.
  7. UNIKURA NFT TERMS

    1. Each Unikura NFT represents the right to be recognized as an owner of an associated Collectible.
    2. The Company and Unikura do not perfectly warrant or guarantee the authenticity, title, right and provenance of each Collectible, and shall not be liable or responsible to You or any third party in the event of any defects in the title, right and provenance of a Collectible, or for any inauthenticity of a Collectible.
    3. Any and all purchases, sales, claims, redemptions or transfers of any Unikura NFT through the Platform is at Your own risk and discretion.
    4. NFT Owners may, at their own discretion, make decisions on the following as an owner of the Collectible:
      1. Decide whether to redeem a Unikura NFT and take the possession of the Collectible
      2. Decide the sale of the Unikura NFT to a third party
      3. Decide the lending of the Unikura NFT to a third party
      4. other decisions and matters as may be determined by the Company from time to time at its absolute and sole discretion.
    5. The NFT Owners has the following utilities:
      1. Viewing rights of the Collectible
      2. Online community participation rights; and
      3. Priority Invitation for events.

    The contents and details of the benefits shall be announced by the Company from time to time via the Website.

    1. An NFT Owner may at any time request to receive the Collectible associated with its Unikura NFT through our service. When the NFT Owner burns the Unikura NFT, it will trigger the Collectible to be sent to the NFT Owner. Collectibles will be shipped via Tenso.com, where Unikura will ship the collectibles to the Shipping Address for online shipping that customers have received from Tense.com. After that, the customer is responsible for arranging for the shipping from Tenso.com to the customer's address through Tenso.com. You will be responsible for shipping charges, duties and taxes, which vary depending on your country of residence for shipments from Tenso.com to your address. Unikura is not responsible for any problems related to shipping. In addition, for watches over S$1,000, we require that the user go through the KYC process before redeeming the collectible in relation to the Unikura NFT. If the KYC process is not completed, we will not be able to ship the collectible. The countries to which the NFT Owner can instruct the shipment of the Collectible shall be the same as those supported by Tenso.com, where the NFT Owner registers and personally handles international shipping procedures.
    2. The sale and purchase of a Unikura NFT is not a sale and purchase of any share, investment, derivatives or securities-based product and does not constitute a collective investment scheme;
    3. The purchase and/or possession of any Unikura NFT does not (i) entitle You to vote in the Company’s affairs or receive dividends or any other form of pecuniary benefits, (ii) entitle You to be deemed the holder of an ownership interest in the Unikura project or the Company for any purpose, or (iii) give or withhold consent to any company action or to receive notice of meetings, or to receive subscription rights or otherwise, or to have ownership of or control over the management of any assets in the Unikura NFT collectible (including without limitation any Intellectual Property Rights subsisting therein), nor will anything contained herein be construed to confer on You, as such, any of the rights of a member of the Company or any right to vote for the election of directors or managers or upon any matter submitted to members at any meeting thereof;
  8. BUYING AND SELLING UNIKURA NFTS

    1. All pricing and payment terms for Unikura NFTs are as indicated at point of sale or otherwise on the Service, and any payment obligations You incur are binding at the time of order. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which You have contracted to pay at the time of order. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse Your obligations with respect to any order.
    2. Transactions on the blockchain may require the payment of a transaction fee known as a “Gas Fee”. This means that You may be required to pay a Gas Fee for each order of or transaction involving an NFT via the Platform.
    3. The Company cannot, and expressly does not, guarantee that Unikura NFTs will be available for order at the time You seek to order one.
    4. Any payments made to us via our website will be effectuated through the underlying blockchain. Except where Company is the buyer or seller of a Unikura NFT, we have no control over these payments or transactions initiated through Your Digital Wallet, nor do we have the ability to reverse any such payments or transactions. The Company may add or change any payment processing service at any time. Such Services may be subject to additional terms or conditions. Whether a particular cryptocurrency is accepted as a payment method by Company is subject to change at any time in Company’s sole discretion. You acknowledge and agree that Company has no liability to You or to any third party for any claims or damages that may arise as a result of Your payment not reaching us, including, but not limited to, instances where Your order fails due to a processing error of Your payment on the applicable blockchain or bridge extension. It is solely Your responsibility to confirm that Your payment for a Unikura NFT has been accepted.
    5. If You have any issues with respect to Your order of any Unikura NFT within our Platform, please contact us. We will do our best to resolve any issues in accordance with our then-current policies and procedures. You are solely responsible for determining and paying (or reimbursing for the payment of) any and all sales, use, value-added and other taxes, duties, and assessments (excluding taxes imposed on our net income) now or hereafter claimed or imposed by any tax or other governmental authority associated with Your use of our Website or transactions of any Unikura NFT (collectively, hereinafter in this Clause referred to as “Taxes”). You will pay or reimburse us for all Taxes of any jurisdiction (whether national, federal, state, local, foreign or other), including value added taxes and other similar amounts as are now or hereafter may be imposed under the authority of any national, federal, state, local, foreign or other taxing jurisdiction; and will not be entitled to deduct the amount of any such Taxes or amounts levied in lieu thereof from payments (including, without limitation, Gas Fee) made pursuant to these Terms.
    6. When You order or otherwise acquire a Unikura NFT, You agree that You have read, understand, and agree to be bound by any terms and conditions applicable to the use and sale of that Unikura NFT, including payment of the Service Fee (regardless of whether such Service Fee is enforced or supported by the third-party platform or marketplace that facilitates such sale). You further agree that You will bind any subsequent buyer of the Unikura NFT to such terms and conditions.
    7. In addition, if the Company is aware of, or has reason to suspect, a breach of the Terms or other inappropriate or improper conduct in relation to the order or sale of Unikura NFT by You, the Company may, to the extent possible, suspend or invalidate the order or sale of the Unikura NFT, publicise the illegal act or suspicion, or take any other action that the Company considers necessary.
  9. TRANSACTIONS ON EXTERNAL MARKETPLACES

    1. You may resell Unikura NFTs to third parties on the Service or in external marketplaces operated by third parties (hereinafter in this Clause referred to as an “External Marketplace”) in accordance with the Terms and such other terms and conditions which may be applicable. When using other External Marketplaces, You shall comply with the terms and conditions of such External Marketplaces which may be imposed by the relevant provider of the External Marketplaces, and the Company shall not be liable or responsible for any problems or issues that You may encounter during Your access and use of such External Marketplaces that may occur there.
    2. Unikura NFTs may not be compatible with all External Marketplaces, and we make no guarantees about the availability or functionality of any External Marketplace or its compatibility or interoperability with our Unikura NFTs. You acknowledge and agree that:
      1. all Unikura NFT purchases, transfers, and sales on any External Marketplace will be entirely at Your sole risk;
      2. if You decide to purchase a Unikura NFT outside of our Platform, such purchases will be entirely at Your sole risk, and that we do not have any responsibility or control over how such external platforms (including without limitation, External Marketplaces) operate; and
      3. we are not a party to any agreement or transaction involving any Unikura NFT on any External Marketplace or any private arrangement between NFT Owners, even if it was initially ordered or minted via our Platform, and even if we receive a commission or fee is received by us as a consequence of the transaction. We are not liable for any loss incurred by You in connection with any transaction that takes place on External Marketplaces, through any private arrangement or on any other third-party sites or services.
    3. The transfer of the Unikura NFT is accompanied by a concomitant transfer of the ownership interest in the associated Collectible to the subsequent NFT Owner. For avoidance of doubt, once You transfer a Unikura NFT to another person, You shall cease to have any right or ownership interest in the associated Collectible. Nevertheless, You acknowledge and agree that the Company is not liable to secure any legal transfer of ownership of the associated Collectible through any External Marketplace.
    4. You acknowledge and agree that when You sell, transfer or otherwise make any disposition of a Unikura NFT to another subsequent NFT Owner, You shall, prior to the sale, transfer or disposition, provide the subsequent NFT Owner with a copy of the Terms, and procure the subsequent NFT Owner’s agreement to and acceptance of the Terms as a condition of the sale, transfer or disposition.
    5. You acknowledge and agree that if You buy or otherwise receive a Unikura NFT from previous NFT Owner and become the subsequent NFT Owner, Your ownership, responsibility and usage of the Unikura NFT shall be subject to the Terms.
  10. USE OF THIRD PARTY SERVICES

    1. The Services may also contain links or functionality to access or use third-party websites (hereinafter in this Clause referred to as “Third-Party Websites”) and applications (hereinafter in this Clause referred to as “Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (hereinafter in this Clause referred to as “Third-Party Materials”). When You click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn You that You have left Our Service, You are subject to the terms and conditions (including privacy policies) of such other Third-Party Applications and/or Third-Party Websites. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under our control, and may be “open” applications for which no recourse is possible. We are not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials.
    2. References or links to any of these Third-Party Websites, Third-Party Applications and/or Third-Party Materials are provided for Your convenience and information only. Such links or references should not be interpreted as endorsements, reviews or approvals by us of any Third-Party Websites, Third-Party Applications and/or Third-Party Materials. You access and use all such Third-Party Websites, Third-Party Applications, and Third-Party Materials at Your own risk.
  11. PRIVACY POLICY

  12. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS

  13. PRIVACY POLICY

  14. INTELLECTUAL PROPERTY RIGHTS NOTICE AND TAKE-DOWN PROCEDURE

  15. ASSUMPTION OF RISK

  16. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  17. INDEMNITY

  18. CONFIDENTIALITY

  19. CHANGES