1.1.3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.1.6. For the convenience of the users, all content on this Site may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version, the English version of such content shall prevail.
1.7. Where the Company has published a document that is referred to within these Terms (such as a policy document), that document shall also form part of these Terms and shall be deemed to have been agreed to by you. In the event of any conflict between these Terms and a document referenced within them, these Terms shall prevail.
1.2 Definition and Interpretation
- “Tokens” means blockchain-based assets or rights, or other similar digital representations of rights or assets.
- “Platform” means the HoDooi.com creation and trading module of digital content in the form of Non-Fungible-Token (NFT) tokens secured by blockchain technology
- “Site” means the Internet website of HoDooi.com platform
- “Wallet” means a combination of a user’s public address and corresponding private key (or mnemonic phrase or keystore file with password) that holds any tokens that are created and/or received on any public blockchains, which may be associated with corresponding transactions related to this address.
a) clause and paragraph headings shall not affect the interpretation of these Terms;
b) a reference to a person shall include a reference to an individual, firm, company, corporation, partnership, unincorporated body of persons, government, state or agency of a state or any association, trust, joint venture or consortium (whether or not having separate legal personality) and that person’s personal representatives, successors, permitted assigns and permitted transferees;
c) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular; and
d) unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.3 User Representations and Warranties
1.3.1. You can only use our Platform if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you.
a) you are at least eighteen (18) years old and be able to form legally binding contracts. Persons under the age of 18 are not permitted to use the Site;
c) all personal information that you provide about yourself is accurate and true to the best of your knowledge;
d) you have carefully considered the risks involved with using the Site and the Platform, and also the risks associated with tokens technologies including but not limited to the possibility of losing all the tokens you have;
e) you will only ever use your legally own tokens unless you are authorized on behalf of a third party
(“Third Party“) and we agree that you may act on behalf of that Third Party. We may request that you provide written authorization from the Third Party confirming you have the necessary authority to transact tokens on their behalf;
g) you are not breaking any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting;
h) you will not use the Site or the Platform in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens or proceeds;
i) any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that the Company may act upon those instructions without any liability or responsibility attaching to it; and
j) your use of the Platform does not violate any laws or regulations applicable in your country of residence.
2. Content Standards
2.1. Content/Behavior Integrity and Compliance
On HoDooi.com, you agree not to create, post, or submit any material which
(1) is unlawful, harmful, abusive, vulgar, fraudulent, libelous, contains explicit or graphic descriptions or accounts of sexual acts, is invasive of another’s privacy, is in violation of any International laws,
(2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
(3) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
You agree not to post any copyrighted Content unless you create yourself or own the copyright or have written consent from the owner. You warrant that you own all right, title and interest worldwide in any Content submitted, including all intellectual property and moral rights therein.
2.3 Rarity, Limited-Edition Art Standards
Creators releasing limited digital content through HoDooi.com agree that the content they add to HoDooi.com is and will remain:
(1) Not increased in the number of limited editions specified at the time of first issuance. In other words, a limited edition of 9will never become a limited edition of 10.
(2) Unique artwork not duplicated or released on any other market.
(3) Unique artwork never to be sold or given to anyone except through the trading of the NFT(s) in the first insurance
(5) Digital property of the account holder who created the limited digital content or purchased the limited digital content.
2.4 Limit of Liability
HODOOI.COM IS A P2P MARKETPLACE WHERE USERS INTERACT DIRECTLY WITH ONE ANOTHER. YOU AGREE THAT WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT OR ACTIONS OF OUR USERS. YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE CAREFULLY CONSIDERED THE RISKS UPON USING OUR PLATFORM.
The Company shall have the right in its sole discretion, but no obligation, to
(1) monitor Content and other features of the Site to determine compliance with all Terms.
(2) edit, refuse to post or remove any Content, in whole or part, that does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate, at any time and for any reason with or without prior notice. We may block your Account at any time if (in our sole discretion) we think you have violated these Terms, or terminate any HoDooi.com creator account.
You agree to immediately notify us of any unauthorized use of the Service, inappropriate content or actions, or other breach of security that you know or suspect.
3. Fee and Refund Terms
3.1 Transaction Fee’s
By trading NFTs on the Platform you agree with the following sale terms:
- At creation, the creator will define the number of NFTs created for the selected digital content. Royalty fees are paid directly to the NFT creator as a percentage of profits made in the secondary sales.
- As standard, there is a 5% fee split, 2.5% fee for the buyer, and 2.5% fee for the seller on every NFT sale.
- HOD members program with reduced fee structure up to 100% off fees [Coming soon].
- In consideration for the use of the Platform, you agree to pay the fees, if any, as set forth in our fee schedule displayed on the Site, which the Company may revise or update in its sole discretion from time to time. By using our Services, you acknowledge your acceptance of those fees.
3.2 Refund Policy
Because the Platform is essentially a P2P market, the Company cannot provide refunds for purchases made between two parties.
You assume all risk and liability when entering into any agreement with any other user of HoDooi.com. You confirm that the Platform will not be held responsible for damages in any of these user to user interactions, and that we will not be involved in negotiations, collection disputes, refunds, quality control, work delivery, or any other user to user conflicts.
4. General Terms and Conditions
4.2 Compliance with Tax Obligations
The users of the Platform are solely responsible to determine what, if any, taxes apply to their transactions. The Company does not provide any advice or guidance in relation to tax or otherwise. The Company is NOT responsible for determining the taxes that apply to your transactions. It is your responsibility to ensure that any tax liabilities which you incur are paid to the relevant taxation authority.
4.3 Intellectual Property Rights
4.3.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us.
4.3.3. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
4.4 Prohibited Activites
4.4.1. As a user of the Platform, we grant you a limited, personal, non-commercial, non-exclusive, non- transferable, and revocable license to use the Platform.
4.4.2. You may not:
- use the Site or the Platform to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens, funds, or proceeds. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use the Platform to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action. You further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section.
- use the Site and the Platform, with anything other than funds, keys, or tokens that have been legally obtained by you and that belong to you
- use the Site or the Platform to interfere with or subvert the rights or obligations of the Company or the rights or obligations of any other Site user or any other third party without authorization or use the Platform in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it.
- take advantage of any technical glitch, malfunction, failure, delay, default, or security breach
- distribute any virus or other harmful computer code through the Platform. You also agree to not take any action that may impose an unreasonable or disproportionately large load on our or any of our third party providers’ infrastructure.
- bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Platform including, without limitation, other accounts, computer systems, or networks connected to the Services.
4.5 Third-Party Websites and Content
4.5.1. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
4.5.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
4.5.4. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
4.5.5. You agree and acknowledge that we do not endorse the products or services offered on Third- Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
4.6 Modifications and Interruptions
4.6.1. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Platform and the Site without notice at any time.
4.6.2. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.
4.6.3. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
4.6.4. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and Site during any downtime or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. The Company does not warrant that any of the materials on the Site are accurate, complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However the Company does not make any commitment to update the materials.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 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. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. 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 PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES.
4.9 Limitation of Liability
4.9.1. You acknowledge and confirm that you have carefully considered the risks involved creating and trading NFT tokens through our Platform. The following risks associated with tokens and the Platform are not exhaustive.
The wallet used in the platform is associated with certain types of tokens which are described in the Site. You confirm that you acknowledge and do not transfer to the wallet tokens that the wallet does not support or you may lose the fund.
When you withdraw fund from the wallet used in the platform to an external wallet, you confirm that:
- The wallet supports the type of tokens you withdraw to.
- You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your external wallet. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure.
- Failure to do so may result in the loss of control of tokens associated with the wallet.
(2) Token transactions
In order to be completed, all proposed token transactions (including but not limited to NFT creation, transactions, token withdrawal) must be confirmed and recorded in the corresponding public blockchain. By using the Platform, you acknowledge and agree that the transaction details you submit may not be completed, or may be substantially delayed, by that public blockchain network.
Once transaction details have been submitted via the Platform, we cannot assist you to cancel or otherwise modify your transaction. You must ensure that you have an adequate balance in your wallet and/or gas to complete transactions before initiating a transaction.
(3) Attack on blockchain networks
The Company cannot prevent or mitigate attacks on blockchain networks and has no obligation to engage in activity in relation to such attacks. In the event of an attack, the Company reserves the right to take commercially reasonable actions, including, but not limited to, if we confirm that a network is compromised or under attack, immediately halting the platform for such network. Resolutions will be determined on a case-by-case basis by the Company in its sole discretion. The Company makes no representation and does not warrant the safety of the Platform and you assume all liability for any lost value or stolen property.
(4) Software protocols and operational challenges
The software protocols that underlie tokens are typically open-source projects, which means that (i) the development and control of such tokens are outside of the Company’s control and (ii) such software protocols are subject to sudden and dramatic changes that might have a significant impact on the availability, usability or value of a given token.
You are aware of and accept the risk of operational challenges. The Company may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to the Platform and the Site. You understand that the Platform and the Site may experience operational issues that lead to delays. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold the Company accountable for any related losses.
All users understand that the technology underlying tokens is subject to change at any time, and such changes may affect the Platform. You claim full responsibility for monitoring such technological changes and understanding their consequences for your tokens. The Company does not take any responsibility for any loss or damage incurred as a result of your use of the Platform or your failure to understand the risks involved associated with tokens use generally or your use of our Services
(5) Legislative and regulatory changes
Legislative and regulatory changes or actions at the domestic or international level may adversely affect the transfer of tokens.
(6) Other risks
You understand and agree that the Company has no control over, and no duty to take any action including, but not limited to:
- Failures, disruptions, errors, or delays in processing tokens that you may experience while using the Platform;
- The risk of failure of hardware, software, and Internet connections;
- The risk of malicious software being introduced or found in the software underlying our Platform;
- The risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to your wallet address, private key, and mnemonic (backup) phrase;
- Disasters may damage the token systems resulting in loss of tokens held by users.
- Mistakes made by the user of any token-related software or service, e.g., forgotten passwords, and tokens sent to wrong addresses.
- Software problems of any token-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the wallet and/or any token-related software or service
- Technical failures in the hardware of the user of any token-related software or service, e.g., data loss due to a faulty or damaged storage device
- Security problems experienced by the user of any token-related software or service, e.g., unauthorized access to users’ wallets and/or accounts
- Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
4.9.2. You acknowledge and confirm that you have made your own independent decision to make any transaction actions and that your decision is based on such information as you deem appropriate under the circumstances and is without reliance upon the Company or any member of the Company.
4.9.3. You are solely responsible and liable for any and all actions on or through the Site; for knowing the true status of any transactions on the Site, even if presented incorrectly by the Site at any time. There is no guarantee against losses on or through the Site.
4.10.1 You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including, without limitation, attorneys’ fees or the costs of any claim or suit, made by any third party due to or arising out of:
- use of the Site and the Platform;
- any inaccurate, misleading, or incomplete statement by the Company or on the Site regarding your wallets, whether caused by the Company’s negligence or otherwise;
- any failure, delay, malfunction, interruption, or decision (including any decision by the Company to vary or interfere with your rights) by the Company in operating the Site or providing the Platform;
- any stolen, lost, or unauthorized use of your wallet information any breach of security or data breach related to your wallet information, or any criminal or other third party act affecting the Company.
4.10.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
4.11 Force Majeure Event
4.11.1. For the purposes of this clause, “Force Majeure Event” shall mean any circumstance outside the Company’s control including but not limited to any interruptions or failures relating to internet service providers, internet signal, connections, electricity providers, configurations of any user’s computers, any acts of god, flood, drought, earthquake or other natural disaster, any collapse of buildings, fire, explosion or accident, any acts of terrorism, civil war or commotion, riots or any law or any action taken by a government or public authority, including, without limitation, the failure to grant a necessary licence or consent.
4.12 Electronic Communications, Transactions, & Signatures
4.12.1. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
4.12.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
4.12.3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by any means other than electronic means.
4.13 Term and Termination
4.13.2. These Terms may be superseded by any amended Terms in accordance with clause 4.16.
4.13.3. These Terms may be terminated or amended by the Company at any time without notice.
4.14.5. The Company may record all telephone calls and other communications for the purposes of security and training.
4.14.6. You understand that The Platform and Site will endeavor to be open 24/7. However, the Company offices and communications channels will be open on business days only. You further
acknowledge that the Company will make reasonable efforts to ensure that the Platform and Site are available continuously however that there may be instances where access to the Platform and Site are restricted as a result of scheduled maintenance, technology failure or network failure.
4.15 Contact Us
4.15.1. In the event that you have a complaint, the Company will make every effort to rectify the problem as soon as practicably possible.
4.15.2. Please write to us to make clear the details surrounding your complaint. You can send your complaint by email to email@example.com.