Terms of Service

Date Last Revised: May 13, 2024

  1. Acceptance of Terms of Service

These Terms of Service (“Terms”) for use of the websites, mobile applications, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by C98 Asia Pacific Pte. Ltd. (“Company”, "we", "our", and "us"). By accessing, browsing, or using the Services or the Materials, or by clicking your consent (e.g. “Continue”, “Sign-in”, or “Sign-up”), you accept and agree to be bound by these Terms. Because we offer a variety of Services, you may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by the Company (collectively, “Additional Terms”). If you participate in any Service that is subject to Additional Terms, you must also agree to those Additional Terms.

The Company reserves the right to modify or replace any of these Terms in its sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that you are aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being published on the Services. Such revised Terms shall be binding on you, and by your continued access and/or use of the Services for purposes set forth herein, you shall be deemed to agree to and accept the Terms as revised.

THE SERVICES IS DEVELOPED AND PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY THE COMPANY AND/OR ITS AFFILIATES, AND THE COMPANY AND ITS AFFILIATES (SAVE TO THE EXTENT PROHIBITED BY APPLICABLE LAWS) EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND IN RESPECT THEREOF. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CANCEL YOUR ACCESS IMMEDIATELY.

  1. Your Accounts and Responsibilities

Certain features or services offered on or through the Services may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the Company or any other user of or visitor to the Services due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

To use our Services, you must be at least 13 years old. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.

By using the Services, you state that:

  • You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services;

  • You can form a binding contract with the Company, or, if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms;

  • You are not barred from using the Services under all applicable laws; and

  • You have not been permanently suspended or removed from the Services.

If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind that entity to these Terms.

We have the right to disable your account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or any applicable subscription agreement (if any).

  1. Your use of the Services

The Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or other users. Subject to your complete and ongoing compliance with these Terms, the Company grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by these Terms. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;

  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

  • access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms.

We are always improving our Services. This means we may add or remove features, products, or functionalities; we will try to notify you beforehand, but that won’t always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

  1. Things you cannot do

You agree that you will not use the Services, the Content or the Materials to:

(a) gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, copy or monitor any portion of the Services, the Content or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Services, the Content or any Materials for commercial purpose, to obtain or attempt to obtain any Content or Materials through any means not purposely made available through the Services;

(b) circumvent any use-limitation or restricted-access technology used by the Services, the Content or the Materials, or otherwise attempt to gain unauthorized access to other accounts, computer systems, or networks connected to any Company server or the Materials, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, the Content or the Materials;

(c) probe scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services;

(d) use the Services, the Content or the Materials in any manner that could damage, disable, overburden, or impair any Company server or network(s) connections, disobey any requirements, procedures, policies, or regulations of networks connected to the Services, the Content or the Materials, or interfere with any other party's use and enjoyment of the Services, the Content or the Materials;

(e) edit or otherwise modify the Content or the Materials in the Services, or redistribute the Content or the Materials from the Services without our permission;

(f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services, the Content or the Materials;

(g) upload, post, email, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(h) trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of the Company, including any account (if registration is required) not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services;

(i) impersonate any person or entity, including but not limited to a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with the Company or any person or entity, or collect or store personal data about other users in connection with any prohibited conduct or activities;

(j) use the Services, the Content or the Materials to create products or perform services which compete or interfere with those of the Company;

(k) misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(l) attack the Services via a denial-of-service attack or a distributed denial-of service attack;

(m) remove any copyright or other proprietary rights notices placed upon the Services, the Content or Materials; and

(n) intentionally or unintentionally violate any applicable local, state, national, or international applicable law.

You acknowledge and agree that enforcement of this Section is solely at Company’s discretion, and failure to enforce this Section in some instances does not constitute a waiver of its right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services, the Content or the Materials will not contain any content or conduct that is prohibited by this Section.

  1. Intellectual Property

5.1. Intellectual Property of the Company

(a) The Services are owned and operated by the Company. All text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos, sounds, music, artwork, data, computer code, services, trademarks, and other elements of the Services (collectively, "Materials"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials, are owned, controlled or licensed by or to Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws around the world. All such rights are hereby expressly reserved. Except as set forth in these Terms and unless otherwise specified in the Materials themselves or pursuant to any license terms or permissions for the Materials, (a) no license rights or other rights are granted to you under any patents, copyrights, trademarks, or trade secret information, whether by implication, estoppel or otherwise, and (b) you shall not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell the Services, the Content or the Materials. Any unauthorized use of the Services, the Content or the Materials may infringe Company’s or a third party’s copyright rights, trademark rights, or other proprietary rights, and may result in civil or criminal liability.

(b) Except as expressly provided in these Terms, no part of the Services and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, websites or other medium for publication or distribution or for any commercial purposes, without Company’s express prior written consent.

(c) You must not:

i. use any of the Company’s trademarks or the trademarks of any third parties which are included on the Services without express written permission from the owner; or

ii. display or use a link in a manner that causes the Services or any portion of the Content or the Materials to display within a frame, be associated with any advertising or sponsorship not part of the Services, or otherwise incorporate the Content or the Materials into a third-party website; or

iii. alter, block or otherwise prevent display of any Materials of the Services; or

iv. link to the Services if the linker’s website may reasonably be considered to be obscene, defamatory, harassing, offensive or malicious, or if the linker's website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.

(d) The Services, the Content and the Materials may contain third party submitted or provided content (“Third Party Content”). Third Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third Party Content. Under no circumstances will the Company be liable to you or to any third party in any way for any Third Party Content, including but not limited to any errors or omissions, or damages of any kind.

(e) The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including your User Content.

(f) Use of the Services, the Content and the Materials is authorized for personal purposes only and is subject to the Terms. To request permission to use Services, the Content or the Materials outside of the mentioned purposes please submit your request via e-mail to legal@amberblocks.xyz. Please include a description of your proposed usage of the materials, along with a link or copy of the Services, the Content or the Materials being requested and your contact information. Company reserves the right to approve or reject any such request, as determined by Company in its sole and absolute discretion.

5.2. Intellectual Property of users

(a) You are the owner of all intellectual property rights of your user content created with or submitted to the Services (“User Content”) by you or through your account. Those works are protected by copyright, trademark and other intellectual property laws around the world.

(b) Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or the Company or a third party (in each case under any applicable law).

(c) You must not submit any User Content to the Services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

(d) Although we have no obligation to screen, edit, or monitor your User Content, we may, in our sole discretion, edit or remove any User Content at any time for any reason, including for violating these Terms, violating our content policy, or if you otherwise create or are likely to create liability for us.

(e) Notwithstanding our rights under these Terms in relation to User Content, we do not undertake to monitor the submission of such content to, or the publication of such content on the Services.When your User Content is created with or submitted to the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, the Content and the Materials and any other product now existing or later developed by the Company (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Services, the Content and the Materials (and derivative works thereof) in any media formats and through any media channels.

(f) You also hereby grant each visitor of the Services a non-exclusive license to access your User Content.

  1. Links to third-party websites

The Services may contain links to other third-party websites ("Linked Websites"). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under Company’s control, and Company is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You will need to make your own independent judgment regarding your interaction with these Linked Websites.

  1. Violations of these Terms

(a) You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

(b) You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Services, for cause, which includes but is not limited to (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Services or any service offered on or through the Services, or (4) unexpected technical issues or problems.

(c) If the Company does take any legal action against you as a result of your violation of these Terms, the Company will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.

  1. Indemnity

You agree to indemnify and hold the Company and each of its officers, directors, employees, agents, representatives, partners, suppliers, and licensors (the “Indemnified Parties”) harmless from and against all actions, claims, or demands, and all losses, damages, liabilities, fees, fines, penalties, costs, and expenses (including without limitation attorneys’ fees and legal costs) arising from or relating to your breach or violation of these Terms. You acknowledge and agree that the Company may, at any time, assume the exclusive defense and control over any claim for which you owe indemnity to the Company hereunder, and you agree to fully cooperate with the Company, at Company’s reasonable request, in connection with Company’s defense and investigation of any such claim. You agree that you will not settle or compromise any claim for which indemnity is owed hereunder without Company’s prior written consent, which the Company may refuse, withhold, condition, or delay, no matter the reason, in its sole and absolute discretion.

  1. Disclaimers

(a) WHILST WE USE REASONABLE ENDEAVOURS TO PROVIDE UP TO DATE AND RELEVANT MATERIALS, THE COMMENTARY AND OTHER MATERIALS POSTED ON THE SERVICES ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NOTHING IN THE MATERIALS AND/OR ON THE SERVICES CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE SERVICES. WE ARE NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF WEBSITE’S MATERIALS.

(b) THE COMPANY DOES NOT PROMISE THAT THE SERVICES OR ANY MATERIALS, WILL BE ACCURATE, RELIABLE OR CORRECT; THAT THE FEATURES ON THE SERVICES ARE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES AND/OR ANY MATERIALS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICES OR ANY MATERIALS IS TO STOP USING THE SERVICES OR ANY SUCH MATERIALS.

(c) THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

(d) THE ABOVE DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

(e) THE COMPANY RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE OPERATION OF OR ACCESS TO THE SERVICES, OR ANY PORTION OF THE SERVICES, FOR ANY REASON; (2) TO MODIFY OR CHANGE THE SERVICES, OR ANY PORTION OF THE SERVICES, AND ANY APPLICABLE POLICIES OR TERMS; AND (3) TO INTERRUPT THE OPERATION OF THE SERVICES, OR ANY PORTION OF THE SERVICES, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION, OR OTHER CHANGES.

  1. Limitation of liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES OR ITS LICENSORS WILL NOT BE LIABLE TO YOU FOR:

(a) ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR SIMILAR LOSS, IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THE MATERIALS, INCLUDING WITHOUT LIMITATION THE USE OR PERFORMANCE OF ANY PRODUCTS, DOCUMENTS, SERVICES, OR INFORMATION MADE AVAILABLE ON THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY UNDER WHICH SUCH DAMAGES ARE SOUGHT (WHETHER IN AN ACTION FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE (INCLUDING STRICT LIABILITY), OR OTHER ACTION IN TORT).

(b) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT IN OR ON THE SERVICES, THE MATERIALS, ANY CHANGES MADE BY THE COMPANY THERETO, OR ANY PERMANENT OR TEMPORARY CESSATION BY THE COMPANY IN THE PROVISION THEREOF. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE SERVICES OR MATERIALS. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

(c) NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR DAMAGES EXCEED THE AMOUNTS YOU HAVE PAID OR ONE HUNDRED U.S. DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

(d) THE FOREGOING LIMITATIONS ON COMPANY’S LIABILITY WILL APPLY WHETHER OR NOT THE COMPANY KNEW OF, WAS ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SERVICES OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE.

  1. Privacy Policy

Please refer to our <Privacy Policy> for information about how we collect, use, and disclose information from the Services users. By submitting personal data through the Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

  1. Modification to the Services

We are always working to improve the Services, so the Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limitations on certain features or restrict access to part or all the Services.

  1. Dispute Resolution

(a) We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email legal@amberblocks.xyz. The notice must (1) include your name, residence address, email address, and telephone number; (2) describe the nature and basis of the claim; and (3) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

(b) Except for claims disputes in which you or the Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes shall be submitted to the Singapore International Arbitration Centre (“SIAC”) to be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings shall be conducted virtually. You and the Company agree that Disputes will be held in accordance with the SIAC Arbitration Rules and Procedures (“SIAC Rules”). The most recent version of the SIAC Rules is incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the SIAC Rules or waive your opportunity to read the SIAC Rules and waive any claim that the SIAC Rules are unfair or should not apply for any reason.

(c) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(d) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Company will not have the right to assert the claim.

(e) If any portion of this Section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

  1. Governing Law

These Terms and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of Singapore without giving effect to the conflict of laws principles thereof.

  1. Termination

Notwithstanding the foregoing, we may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we in our sole and reasonable discretion determine you are violating these Terms at any time and without notice to you. Such suspension or termination shall not constitute a breach of these Terms by the Company.

Upon any termination, discontinuation, or cancellation of these Terms, the following Sections will survive: 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17.

  1. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

  1. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

  1. Miscellaneous

These Terms constitute the entire agreement between you and the Company relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of the Company, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

PreviousPublisher Terms of ServiceNextPublisher Terms of Service

Last updated