Liabilities and Indemnifications. Unless agreed otherwise in this TOS, Bitkub shall not be responsible and liable to any of the circumstances as follows: (1) Bitkub shall not assume or be responsible and liable to, in all circumstances, any loss, damages, compromise, or any other similar events occurred to your Bitkub Next, Store, confidentiality of your material information in connection with the use of Bitkub NFT and Services (such as PINs, User ID, public API or password), assets, and all types of property and asset in connection with use of Bitkub NFT and Services unless it arises from gross negligence or willful misconduct made by Bitkub; (2) To the maximum extent permitted by the Applicable Law, Bitkub’s aggregate liability for any incidental, consequential, punitive, special or other indirect damages arising out of or related to this TOS and the Services, whether in contract, tort, or under any theory of liability, claim or action shall not exceed THB 100,000 (One Hundred Thousand Baht); (3) Bitkub shall not assume or be responsible and liable to, in all circumstances, any loss, damages, compromise, or any other similar events occurred due to any illegal and unauthorized purpose and shall not be liable to any action taken to prevent or eliminate any offense as specified in Appendix 2; (4) Bitkub shall not bear any liability, whatsoever, for any damages or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computers or other equipment, or any phishing, spoofing or other attacks; (5) Bitkub shall not be responsible for monitoring or controlling payment transactions, and no transactions can be reversed; (6) Bitkub will not be liable to you or any person for any loss, claims or damages arising from any transaction between you and any person in Bitkub NFT unless it arises from gross negligence or willful misconduct made by Bitkub; (7) You acknowledge that we do not have control over, or are liable to the delivery, quality, safety, legality, or any property, assets, goods, or the services that you may purchase or redeem from or sell to any person in Bitkub NFT or via use of Services; (8) Bitkub shall not be responsible, in all circumstances, for ensuring that a buyer or a seller you may transact with, will actually complete the transaction or is authorized to do so unless such incident occurred from our error; (9) Bitkub shall not assume responsibility and shall not be liable to the functionality, security, services or implementation of any person. You are encouraged to read the terms and conditions including other policies published by such person on its websites or otherwise; (10) You agree that Bitkub shall not be liable to you or any person for any modification, suspension or termination any of the Services, including suspension or termination of your access to the Store if Bitkub has the right to block your access your Store; (11) Bitkub shall not be liable to you if you are not or shall not be qualified to open and/or use the Store or post any User’s Content; and (12) The User shall indemnify and hold Bitkub harmless from and against all claims, damages, losses arising out of and/or resulting from the use of the Services unless it arises from gross negligence or willful misconduct made by Bitkub.
Appears in 1 contract
Sources: Terms of Service
Liabilities and Indemnifications. 17.1 Unless agreed otherwise in this these TOS, Bitkub NFI shall not be responsible and liable to in any of the circumstances as followsfollowing circumstances:
(1) Bitkub NFI shall not assume or be responsible and liable tofor, in all circumstances, any loss, damages, compromise, or any other similar events occurred to your Bitkub Next, StoreApplicable Wallets, confidentiality of your material information in connection with the use of Bitkub NFT NFISpace and Services (such as PINs, User ID, public API or password), assets, and all types of property and asset in connection with use of Bitkub NFT NFISpace and Services unless it arises except that is arisen from the gross negligence or willful misconduct made by Bitkubof NFI;
(2) To the maximum extent permitted by the Applicable Law, BitkubNFI’s aggregate liability for any incidental, consequential, punitive, special or other indirect damages arising out of or related to this these TOS and the Services, whether in contract, tort, or under any theory of liability, claim or action shall not exceed THB 100,000 (One Hundred Thousand Baht)10,000 HKD;
(3) Bitkub NFI shall not assume or be responsible and liable tofor, in all circumstances, any loss, damages, compromise, or any other similar events occurred due to any illegal and unauthorized purpose and shall not be liable to for any action taken to prevent or eliminate any offense as specified in Appendix 2offense;
(4) Bitkub NFI shall not bear any liability, whatsoever, for any damages or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computers or other equipment, or any phishing, spoofing or other attacks;
(5) Bitkub NFI shall not be responsible for monitoring or controlling payment transactions, and no transactions can be reversed;
(6) Bitkub NFI will not be liable to you or any person for any loss, claims or damages arising from any transaction between you and any person in Bitkub NFT unless it arises NFISpace except that is arisen from gross negligence or willful misconduct made by Bitkubof NFI;
(7) You acknowledge that we do NFI does not have control over, or are liable to the delivery, quality, safety, legality, or any property, assets, goods, or the services that you may purchase or redeem from or sell to any person in Bitkub NFT NFISpace or via use of Services;
(8) Bitkub NFI shall not be responsible, in all circumstances, for ensuring that a buyer or a seller you may transact with, will actually complete the transaction or is authorized to do so unless such incident occurred is resulted from our error;
(9) Bitkub NFI shall not assume responsibility and shall not be liable to for the functionality, security, services or implementation of any person. You are encouraged to read the terms and conditions including other policies published by such person on its websites or otherwise;
(10) You agree that Bitkub NFI shall not be liable to you or any person for any modification, suspension or termination any of the Services, including suspension or termination of your access to the Store if Bitkub has the right to block your access your Store;
(11) Bitkub NFI shall not be liable to you if you are not or shall not be qualified to open and/or use the Store sell NFT in NFISpace or post any User’s Content; andor
(12) Other than the limitation of liabilities as specified in Clause 17 (1) – (11), the use of our Services shall be entirely at your own risk and you acknowledge and agree that your access and use of NFISpace and our Services are subject to certain inherent risks which would include but not limited to the following:
(i) High Volatility: prices of NFTs are highly volatile and subjective, they do not have an inherent or intrinsic value. When a market and/or a price exists for such NFTs, those markets, prices are highly volatile and subject to wide fluctuations including but not limited to the price fluctuations to other Virtual Assets, and may result in significant loss over a short period of time.
(ii) Regulatory Uncertainty: new or changes in the regulatory regime in different jurisdictions may materially and adversely affect your use, transfer and value of NFTs.
(iii) Malfunction and Errors: the sale and purchase transaction of NFTs in connection with our Services are supported by one or more Smart Contracts on the Blockchain. The Smart Contracts may be subject to malfunctions, errors, including but not limited to programming errors, hacking, theft or other technological difficulties which may prevent access to or use of your NFTs.
(iv) Accidental Transfers: depositing your NFTs to an incorrect address may be unrecoverable loss of your NFTs. The list of risks as set out above is not intended to be exhaustive. We do not give any investment, tax or legal advice or recommendation regarding NFT. You understand and agree that you are solely responsible for determining the potential value, suitability and appropriateness of these risks. Any information regarding the NFTs provided on NFISpace do not constitute advice or recommendations of any sort and you shall not treat any such content as such. You acknowledge that you should conduct your own due diligence and obtain sufficient independent information to make an informed decision before using our Services.
17.2 The User shall indemnify and hold Bitkub NFI harmless from and against all claims, damages, losses arising out of and/or resulting from the use of the Services unless it arises from gross negligence or willful misconduct made by BitkubNFI.
Appears in 1 contract
Sources: Terms of Service