Terms and Conditions
Latest Version: 31/1/22
- aggregates and provides information on: non-fungible tokens ("NFT’s"), cryptocurrency, utility tokens, digital coins/currency, initial coin offerings that do not amount to an offering of securities or securities-tokens ("ICO") and other related digital currency information ;
- provide APIs (including but not limited to the NonFungible API); widgets, plugins, extensions, patches, whether developed by NonFungible or by third parties;
- provide information on coin purchase and token swap functionalities (as developed and provided by third parties), and third party events;
- provides features for online subscription, registration of account, registration of interest for any of our services or events, our messaging services, our loyalty rewards program, update functions,
- provides third party products (including applications, widgets, coins and tokens); and/or
- any other services and products provided by our Company whether by itself or in conjunction with other third parties (individually and collectively, our "Site Services").
Our Site Content
(A) General3.1 No information, write-ups, listings, prices, events, ICO data, photographs, pictures, graphs, charts, articles, news updates, budgets, forecasts, token swap market values, project information, testimonials, status, team information of any company, advertisements, data, analysis, reports, media files, APIs, loyalty rewards, and other content on our Site (collectively, "Site Content"), or our newsletters, EDMs, marketing materials, promotional updates, API updates, support patches, messages (via any channels), or other emails (collectively, "Updates") which you may have viewed, subscribed to or downloaded via our Site or Site Services, constitutes advice of any kind, including but not limited to financial advice, trading advice, investment advice, insurance advice, legal advice or any other form of advice for which a licence to provide such advice may be required under applicable law. "Site Content" and "Updates" shall collectively be referred to as "Content".3.2 The content on our Site and Updates are meant to provide information regarding our Company, our products, our services, our APIs, prices or market value of cryptocurrencies, tokens, coins, rankings, trade volume data, NFT sales and or pre-sales, new ICOs or presales, new coin launches, and other information related to digital currencies or NFTs. The aforesaid information constitutes general knowledge only, and are not meant for any reliance howsoever for any purpose of any kind whatsoever by any Entity or individual. You are therefore strongly advised to procure your own checks and professional advice before you decide to make any trade, investments or swaps as no Content constitutes any trading or investment advice or guarantees of any kind (including but not limited to guarantees on gains/benefits/returns). For the avoidance of doubt, our Company makes available the Content and third party products on our Site based on information and/or products (such as token swap functionalities) procured from third party sources. Even though such third parties may have agreed or declared that all information and products that they provide will be correct and/or secure, and our Company has done its reasonable checks as may be commercially practicable before uploading such Content and products onto our Site, our Company is not able to provide any warranties thereon.3.3 Our Site Services include, without limitation, our NonFungible API which as of now is available for use without any charges, subject to compliance with our API Terms of Service, and third party provided services/products such as token swaps and identification protection. Such third party provided services are subject to the terms and conditions of the third party service providers. We make no direct or indirect warranties of any kind, express or implied, in relation to our Site Services (including but not limited to the NonFungible API and third party provided functionalities), and you are therefore strongly encouraged to conduct your own checks, verifications, consult your advisors and satisfy yourself of the suitability of our Site Services as well as the acceptability (to you) of the terms and conditions of the respective third party service providers whose services/products are made available or referenced to on our Site before you use any such Site Services. All use of our Site Services (including third party provided services/products) is at your sole risk and discretion.3.4 Our Content may contain information on third party products and services, in particular but not limited to ICOs, third party coins, tokens and secure identity vaults (such as MetaMask). However, this does not imply any association with or endorsement by such third parties, even if certain functionalities on our Site requires the use of such third party products (for example, the installation of MetaMask in order to utilize token swap functionalities). The content of such third party services and products as stated on our Site and in our Updates are based on information made publicly available or by such third parties to us, and we therefore make no representations or warranties on the accuracy or up-datedness of such third-party service/product related information. You are encouraged to conduct your own checks on any such third party products or services that you see on our Site and/or our Updates before subscribing to, registering an account for, installing, trading, swapping, investing, purchasing or using any such third party products/services, whether from third party sites or via our Site.3.5 Our Content will contain information from third party companies that are seeking to raise funds via ICOs, NFT sales and Project Launches ("Fundraisers"). The information on such Fundraiser in our Content is made available by the Fundraisers themselves or procured from third party public resources. The listing of Fundraisers on our Site does not indicate any express or implied endorsement by our Company of the services, products or creditworthiness of the Fundraisers.3.6 As part of our provision of information regarding cryptocurrency, utility tokens, digital coins/currency, ICOs that do not amount to an offering of securities or securities-tokens, and other related digital currency information on our Site, our Content may contain videos and podcasts (or links to such videos and podcasts) pertaining to the aforesaid subject-matter made available via YouTube, or the use of YouTube API Services (as defined in the YouTube Terms of Service). In order to access such podcasts and videos, you must agree to be bound by the "YouTube Terms of Service" found at https://www.youtube.com/t/terms. In the event that you do not agree with any of the terms and conditions therein the YouTube Terms of Service, you are not permitted to access the aforesaid videos and podcasts (or weblinks thereto) found on our Site and in our Content.3.7 Any monetary figures cited in our Content may have been converted from local currency to United States Dollars, or from one currency to another, using internet currency conversion sites, and such values may therefore vary or be subject to change depending on the rates provided by different currency conversion sites.3.8 Where the Content contained on our Site and Updates are derived from non-English language sources, translations into English may have been done using language conversion tools. As such, our Company assumes no legal liability for any inaccuracies or misunderstandings due to translations.3.9 Weblinks to our Fundraisers’ websites may be provided in our Content. Such weblinks are to provide more information regarding the Fundraisers and their ICOs, however, these weblinks do not constitute any endorsement of the Fundraisers or their products or services by the Company, nor do such weblinks create any form of association or relationship between our Company and the Fundraisers.3.10 Reviews of our services, products, Content, ICO opportunities, NFT sales and pre-sales, trading opportunities, Fundraisers, our Site, and other matters related to our Company provided by individuals or third party companies as reflected in our Content are the personal views of such individuals or third party companies, and do not represent the view of the Company, nor any implied endorsement or recommendation by the Company. Such reviews are also not to be deemed as any warranty, express or implied, of the quality or efficacy of the reviewed products, services or other subject-matter.3.11 We may make available limited trial services via our Site and/or our Updates. You agree that when you contact us for any such free trial services, it is not guaranteed that such free trial services or certain features thereto will definitely be made available to you, or the trial period may be different from what may have been published on our Site, our Updates or on other third party channels.3.12 Promotions, trial usage, and discounts (if any) as featured on our Site and/or our Updates are for limited time-periods only and subject to specific terms and conditions indicated as may be applicable in order to enjoy such promotions, trial usage, and/or discounts. Once a promotional or trial period expires, you are no longer eligible to participate in such promotions or trial usages, and our Company is not howsoever obligated to provide any such previously offered privileges, trial usage or discounts to you even if you have contacted our Company with queries during the promotional period.
(B) Loyalty Rewards Scheme3.13 Without limiting the generality of the provisions thereunder Section 3(A) above, part of our Site Content includes information on and the availability of a loyalty rewards scheme ("Loyalty Program") currently known as "NoAH Chip" (or such other name as may be determined by our Company in its sole discretion from time to time).3.14 All redemptions, discounts, promotions, vouchers, and other privileges available thereunder the Loyalty Program are made available "AS IS" by our Company and our collaborating business partners, without any warranties of any kind, whether implied or express, including without limitation quality, availability, merchantability or fitness for purpose (even if our Company has been notified in advance of such purpose).3.15 NonFungible retains full sole discretion to howsoever vary or discontinue any privileges thereunder the Loyalty Program, including without limitation discontinuing redemption for any product even if you have used your loyalty points (or "Candies") to redeem such product (in which case NonFungible reserves the right to substitute such discontinued product with another item of similar value or to credit back the Candies that you have used for such redemption).3.16 For the avoidance of doubt, our Company retains full sole discretion on the governing rules, implementation, operation, variation and discontinuation of any Loyalty Program that our Company has made available or may make available from time to time, including without limitation determining when and how many loyalty points should be awarded, to not approve any redemptions using any loyalty points, amend the number of loyalty points required for any redemption, remove or discontinue redemption products, and/or choose not to reward any persons who participates in any games or activities for loyalty points or other gains.
(A) Ownership4.1 All Content and Site Services, including but not limited to, write-ups, compilations, listings, analysis, summaries, extracts, derivations, articles, translations, quotations, loyalty reward schemes, contracts, terms and conditions, APIs, widgets, plugins, extensions, software, algorithms, source codes, object codes, forecasts, budgets, analysis, credit ratings, reports, logs, diagrams, graphs, charts, layout, photographs, drawings, financial information and other data, as displayed on our Site and Site Services, in our Content and in our Updates, are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered, registrable or otherwise. You agree therefore that without our Company's prior written consent (or as may be specifically stated on our Site in relation to any particular portion of our Content such as use of our NonFungible API pursuant to our API Terms of Service), except for the limited use as permitted thereunder Section 4(B) below, you are not otherwise permitted to howsoever reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of our Content, products or services found on our Site, our Site Services, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our Content.4.2 For clarification, and without prejudice to Clause 4.1 above, all Content and Site Services (including but not limited to the NonFungible API and other third party products/services such as YouTube) are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content or Site Services except to view or use strictly pursuant to the purpose for which it was made available (on your computer, mobile phone, tablet and other personal devices or Entity’s devices that are under and securely in your control) as may be permitted herein and/or by the other provisions of the Agreement (such as the API Terms of Service). In the event that any other provisions of the Agreement (such as the API Terms of Service) permit you to download, store, use, retain or copy any part of our Content or any mobile application or other software or feature (individually and collective "Downloads") available on our Site, you agree that such consent shall not constitute the transfer or assignment of any rights or ownership in such Downloads to you, and you are merely granted a non-exclusive, non-sublicensable, non-transferable and revocable (at any time by our Company) licence to use the Downloads pursuant to the purpose for which our Company granted its consent. The aforegoing shall fully apply to your use of our NonFungible API (as permitted under our API Terms of Service).4.3 All company names (including but not limited to our Company's name, Fundraisers’ names, and the company names of any third parties, such as YouTube, featured on our Site), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the "Branding") represented on our Site, our Site Services and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site and Site Services, in our Content and our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.
- Any Link shall be titled only as "Source: NonFungible.com";
- Any ScreenCaptures shall be duly attributed with the phrase "Screenshot from NonFungible.com";
- No ScreenCaptures shall contain third party information, write-ups or feedback (i.e. information from an user of NonFungible or information regarding other entities, which are not information from or about NonFungible.com itself), nor any personal data (i.e. information that can be used singly or in conjunction with other available information to identify an individual);
- Your Platform shall not contain any content that is unlawful, threatening, scandalous, seditious, abusive, libellous, defamatory or otherwise inappropriate to the image of NonFungible.com (as may be determined by our Company in our sole discretion);
- The look and feel of all content that accompanies the ScreenCaptures and/or Link or is on the same page as any ScreenCaptures or the Link shall not (as determined in the sole discretion of NonFungible.com) bear any write-ups, pictures, content, insinuations, or implications that may lower the reputation of NonFungible.com, damage or dilute the goodwill associated with NonFungible.com, the reputation or any Branding
- No content on Your Platform shall contain any information that (in NonFungible’s sole discretion) may create any false impression that you, Your Platform, services, products or any other website, services, products, person or entity is endorsed by, sponsored by or otherwise associated with NonFungible.com or any of its business partners (as reflected by their names, logos, or branding on the Website), or that any activity engaged in by you or anyone else has been howsoever endorsed by NonFungible.com.
Minors6.1 Our products and services are targeted for adults and business entities. Our Site, our Site Services, our Content and our Updates are therefore not meant for persons who may be defined as minors under applicable law. However, it is not possible for our Company to determine whether any user of our Site or Site Services is a minor. If you are a minor, please discontinue the use of our Site and all Site Services immediately. It is the responsibility of parents and legal guardians to monitor whether a minor is using our Site or Site Services.
Feedback7.1 In the event that you provide us with any feedback and comments, whether via email to our Company or any postings, we thank you for taking the time to write to us, and your feedback and comments are appreciated. Any such feedback, postings, and comments from you ("Feedback") shall become and remain the property of our Company. Our Company shall be entitled in its sole discretion to howsoever use, publish or disseminate such Feedback, with or without attribution to you as the Feedback’s author, and without having to notify you or seek your consent in advance. Accordingly, you agree that you assign (without the requirement for any remuneration) all ownership (including but not limited to copyright) in the Feedback to our Company once you submit your Feedback to our Company, and you further agree to waive all moral rights over your Feedback once submitted to the Company.7.2 Kindly note that you are responsible for your Feedback, and you should ensure that such Feedback does not contain any libellous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive or infringing contents, particularly if such Feedback will be published to the public whether via our Site, or our Updates, or other means (even if you were not aware that your Feedback would be published). You agree to fully hold harmless and indemnify our Company for all losses and costs suffered or incurred by our Company due to your Feedback, including but not limited to third party claims, legal fees on a solicitor-client basis, settlement amounts, fines, penalties, and law enforcement actions. Accordingly, and without prejudice to the aforegoing, you also hereby undertake to fully indemnify, defend and hold harmless our Company, our employees, agents, officers, shareholders, and directors from claims, demands, direct damages, indirect damages, consequential damages, loss of opportunities, loss of reputation, legal costs (on a client-solicitor basis) and other losses of any kind that may arise in relation to any dispute that you may however have with another user of our Site.
Non-Interference9.1 You undertake that you shall not howsoever mine data from, scrape, interfere or attempt to interfere with any part of our Site or Site Services, disrupt accessibility to our Site (or any part thereof), or bypass any security measures that we may include with our Site and/or Site Services, including but not limited to the utilisation of any screen-scraper, hacks, spider, robot, virus, worms or other means to access or attack our Site or Site Services for any purpose without our prior written consent.