Terms
1. Introduction
Welcome to Soei - an platform which is built on blockchain technology. These Terms of Service (including Soei's privacy policy, cookie policy, other regulations from time to time) will affect your use of Soei's website, mobile application or any other tools and features used by third parties associated with Soei's services. You can use our service to view, search, create NFT according to your own unlimited creativity and connect to others to trade and transfer NFT by exchanging digital assets licensed on blockchain platforms(“Services”).
NFT in our terms refers to a form of digital product (token) built on blockchain technology that cannot be modified, copied, replaced and divided. NFTs can be interoperable by using smart contracts built on blockchain technology.
For the purposes of these Terms, you are construed as an user of the Service. If you use the service on behalf of an organization/a company then you hereby include you and that organization/company. You must also ensure that you are the person authorized to represent the organization/company or have legal status to accept all of these Terms on behalf of that organization/company.
PLEASE READ ALL OF THESE TERMS BECAUSE THEY CONTAIN IMPORTANT INFORMATION AND DIRECTLY AFFECT YOUR LEGAL RIGHTS. THE PROVISIONS BELOW HAVE SAME CONTENTS AS A CLAIM EXCLUSION. ANY CLAIM WILL BE PRIORITIZED TO SETTLE BY Soei FIRST AND RELATED DISPUTES WILL NOT BE HANDLED IN THE PEOPLE'S COURT BUT WILL BE SETTLETED THROUGH COMMERCIAL ARBITRATION. GOVERNING LAW IS VIETNAM LAW. BY ACCESSING OR USING ANY OF OUR SERVICES, YOU GUARANTEE THAT YOU AGREE TO THIS TERMS OF SERVICE. IF YOU DON'T AGREE TO THESE TERMS, PLEASE STOP USING THE SERVICE OR REFUSE TO ACCESS TO Soei.
Soei is not a centralized exchange service platform, broker, or financial institution. Soei provides a peer-to-peer asset exchange that allows users to easily search and interact directly with each other in the Internet or in real life through interacting with NFTs, smart contracts, etc. we have no right to custody or control over the NFTs or crypto assets contained in the wallet that you are interacting with Soei. Also we do not make or manage the purchase, transfer or sale of your NFT.
Soei does not enter into any agreements between users. You are solely responsible for verifying the identity, legitimacy and authenticity of the NFT and those dealing with you. And at the same time we will not make any publicity about identity documents, legitimacy, authenticity of users to display on Soei.
As the number of Soei features is increasing, in some cases there will be additional provisions for specific features (and those features are considered a part of the Soei feature set and are also subject to these above terms. Additional terms and conditions will become a part of your agreement with us if you use that feature. In case these terms are overlapped/duplicated with additional terms, the additional terms will take effect for those specific features.
Soei reserves the right to amend these terms at any time and in our sole discretion. If we make crucial changes to these terms, it will be our responsibility to find a solution to make those changes widely available. By continuing to access or use our services, you confirm that you have accepted all terms including the revised terms and the unmodified terms by comparing the effective date of the terms. 2. Service Access
Like most peer-to-peer digital asset exchange platforms, your blockchain address will represent you on Soei. Accordingly you will need a blockchain address and a non-custodial wallet to access the service we have licensed for that non-custodial wallet. Your account on Soei will be linked to your blockchain address. However, if you want your account to be more lively, you can add some personal information such as your profile picture, cover photo, content about yourself, etc.
Your Soei account will be linked to blockchain addresses and will show NFTs from those blockchain addresses. By connecting your wallet to Soei, you agree to use that wallet address according to the wallet provider's terms. Wallets are not operated, managed by Soei and Soei has no right to monitor and control, retrieve, transfer assets in your wallet. At the same time Soei does not accept any liability for the actions that you perform with your wallet. You are solely responsible for the security of your wallet and never disclose confidential information or private keys to anyone (including Soei employees). If you find out a problem with your wallet, you need to contact the wallet provider for the best support.
Similar to wallets, you are solely responsible for the actions that arise on your Soei account and any wallets linked with the Soei account. Soei is not responsible for mistaken actions related to your account, or your wallet being stolen. You agree that you will notify us immediately when you discover or suspect a security issue related to Soei or to your account.
It is your responsibility to ensure compliance with applicable laws (e.g. national, local laws in which you live) when using Soei and that accessing or using Soei does not violate any applicable laws of the area you live in.
Soei may ask you to provide additional documentary information for certain circumstances such as at the request of a governmental authority, under any applicable law or regulation, or to investigate the possibility of violation these terms. In such cases, Soei may, in its sole discretion, disable your account (block your access to Soei) and issue a warning until such additional information and documentation is processed by Soei. If you provide incomplete and incorrect information as requested, Soei may refuse to restore your access to Soei.
In some cases, the right to access and use Soei may be interrupted for various reasons such as equipment malfunction, periodic updates, platform maintenance and repair, etc. You agree that Soei has no responsibility for any loss or damage caused by the above incidents. We will be responsible for fixing it and ensuring it is back up and running as soon as possible.
Soei requires all users to be at least 18 years old. If you are under 18 you can access Soei through your guardian's account and consent to their supervision. The account holder is responsible for all your actions while using the account.
3. Ownership
Soei includes the interface (e.g. text, graphics, images, logos, page titles, button icons, etc.), proprietary content, information and other materials that are the exclusive property of Soei. You agree not to infringe upon Soei's title to all of the foregoing.
Soei's name, logo, trademarks and any designs, logos, products of Soei's extension services are the intellectual property of Soei. We do not allow any unit or organization to be allowed to use, copy, in whole or in part, without our consent. All consents for use are communicated in writing. In addition, Soei's interface creates a trademark of the service, Soei's trademark is not allowed to be copied in any form. Any consent from us will be communicated in writing.
4. Access License
By accepting these terms you will be granted a limited, non-exclusive, non-transferable and non-sublicensable personal license to access and use Soei. If any other material content software owned or controlled by us, is distributed or made available to you as part of Soei, you are granted a non-commercial, non-personal, non-commercial license assignable and non-exclusive access and display in each case for the sole purpose of enabling you to use Soei as permitted by these Terms. Provided that Soei's license to you is affiliated or associated with any NFT regulated by the current holder of the NFT. 5. Third Party Content and Services
As a peer-to-peer digital asset exchange, Soei helps you discover NFTs created by 3rd parties and interact with different blockchains. Soei does not make any representations or warranties regarding third party content displayed through Soei, including any NFT-related content displayed through Soei, you are responsible for verifying the legitimacy and authenticity of The NFT that you purchase from a third party or seller. We also cannot guarantee that every NFT displayed on Soei is available for sale or transfer.
NFTs may be subject to direct terms, agreements between buyers and sellers for the use of NFT content and interests associated with a given NFT. For example, when you click for more details about any NFT showing up on Soei, you may notice a third-party link to the creator's website. That website may include Terms of Sale, NFT usage content, which you will have to comply with. Soei is not a party to any such Terms of Sale or Content, solely between buyer and seller. Buyer and seller are solely responsible for communicating, agreeing and enforcing the Terms of Sale. You are solely responsible for reviewing such Terms. 6. User behavior
For the purpose of protecting the community and complying with legal obligations, we reserve the right to act, with or without prior notice, if we believe you have breached these terms. This may include: Removing the ability to view, interact with certain NFTs on Soei; Disable the ability to trade available NFTs on Soei; Disable accessibility; Community alerts and other actions.
You agree that you will not violate any law, contract, intellectual property or other rights of a third party, and that you are solely responsible for your own action and content when you access Soei. You also agree that you will NOT:
Use or attempt to use another user's Account without the user's permission;
Pretend to be another person or entity or use a wallet to engage in transactions on Soei owned or controlled in whole or in part by any other person;
Use an Soei username for personal gain, to mislead or create a false reputation for others, or to engage in username appropriation;
Access Soei from another blockchain address if we have blocked any of your other blockchain addresses from accessing Soei, unless you have our prior written permission;
Bulk generation of NFTs with no value and sending unwanted NFTs to other users via Soei;
Bypass instructions controlling access to the Service, including attempting to bypass any rate limiting systems by using multiple API keys, directing traffic across multiple IP addresses or otherwise obfuscate the source of traffic you send to Soei;
Use Soei for commercial purposes that are inconsistent with these Terms or any other guidelines;
Use any data mining, robots, crawlers, scanners, scripts, browser extensions, offline readers or other automated means or interfaces which do not get our permission to access the Service, extract data, or interfere with or modify the rendering of Service pages or functionality;
Reverse engineer, copy, decompile, analyze, or decompile any aspect of Soei, or do anything that might uncover the source code, or bypass or circumvent the measures used to prevent it, block or restrict access to any Soei services, regions or codes;
Selling, reselling the Services, or attempting to commit fraud in the Soei billing system;
Engaging in behaviors that have the intent or effect of artificially causing an item or collection to appear at the top of search results or artificially increasing views, likes, or other metrics creation that Soei can use to sort search results;
Use Soei or data provided from our Soei for any advertising or direct marketing activities without our authorization.
Use Soei to conduct any financial activities related to money laundering, terrorist financing or other illegal financial activities.
Use Soei to engage in price manipulation, fraud or deceptive, misleading or other manipulative practices;
Using Soei to buy, sell or transfer stolen, fraudulently obtained and other illegal items;
Abuse of Soei website by intentionally introducing viruses, trojans, logic bombs or other material that is malicious or technologically harmful.
Attempts to gain unauthorized access to the Soei website, the server hosting the Soei website, or any server, computer or database connected to the Soei website.
Infringes or violates the intellectual property rights or any other rights of others;
Create or display NFTs on Soei with illegal content, such as content that may involve violence or sexual exploitation of children; or encourage or promote any activity that violates the Terms of Service;
Create or display on Soei content that includes other items that promote suicide or self-harm, incite hatred or violence toward others, or defame another individual;
Use Soei for any illegal or unauthorized purpose;
Use Soei in any way that could interfere with, disrupt, negatively affect, or prevent other users from experiencing Soei.
We allow users to post NSFW (Not Safe/Suitable For Work) content but such content and other related material may be marked as NSFW and may be treated differently with non-NSFW content in navigation menus and search results.
7. Intellectual Property Rights
By using Soei in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Soei metadata standards in your metadata API responses, you grant us worldwide, non-exclusive, sublicensable, and royalty-free license to copy, modify and display any content. Include text, documents, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through Soei for our current and future business purposes, including providing, promoting and improving Soei. This includes any digital files, artwork or other material associated with with any NFT displayed on Soei.
Soei does not claim that submitting, posting or displaying this content on or through Soei gives Soei any ownership of the content. We only use and display part of its content.
You represent and warrant that such content does not contain any copyrighted, trademarked, publicity rights or other intellectual property rights material, unless you have the necessary permission or legal right to post material and grant Soei the license described above, and that the content does not violate any laws.
Soei will remove works in accordance with Intellectual Property Law takedown notices and/or other intellectual property infringement claims and will terminate an user's access to Soei if the user is identified to be a repeat offender. If you believe your content has been copied in a way that constitutes copyright or trademark infringement or violates your right of publicity or other intellectual property rights, you need to contact us at available information.
When a claim of copyright infringement occurs, Soei will block the NFTs or NFTs being disputed for the duration of the dispute. The duration of the dispute will be varied according to the seriousness of the dispute. Any copyright dispute must be handled and clarified by commercial arbitration. During the dispute, you must provide the necessary evidence to prove that you are the owner or the person authorized by the copyright holder to claim for commercial arbitration. If the deadline has passed and the dispute has not been clarified by commercial arbitration, the NFTs and NFTs will be circulated again.
8. Disclaimer
Soei does not have any liability, under any circumstances, to the user or third parties, if the user or third party fails to access the platform, or for any interruption of access or any communication failure between Soei and the user, regardless of whether the communication service is provided by Soei or by any third party. In any case, Soei does not have any liability to users or third parties for correctness, quality, accuracy, timeliness, reliability, continuous availability, completion or delay, omission, or interruption in the delivery of information and services provided on Soei or because of any other aspect of the performance of this service or any failure or delay in the execution of any transaction through this service. In any case, Soei does not have any liability for any direct, indirect, incidental, or consequential damages which may occur or occur as a result of the user of the information or service provided on this platform, even in the case Soei warned of the possibility of this damage. Soei shall not be responsible for informing the user of any difficulty that Soei or a third party may encounter in connection with the use of the services or taking any action in connection therewith.
If you have a dispute with one or more users, you do not bring us into any complaint, claim for damages of any kind and nature, known or not, arising out of/or in connection with the dispute. that in any way. By entering into this permission, you expressly waive any protections (whether by law or otherwise) that would limit the scope of this permission to include claims you may know or suspect existing in your favor at the time of consenting to this permission.
9.Risk Disclaimer
You accept and acknowledge:
The value of an NFT is subjective. The price of the NFT can be volatile, and the volatility in the price of the crypto currency can also severely and adversely affect the price of the NFT. You acknowledge that you fully understand this subjectivity and volatility that you may lose money.
The lack of use or interest in the creation and development of distributed ecosystems can negatively impact the development of those ecosystems and related applications, and thus may also impact negatively on the potential utility of NFT.
The regulatory regime governing BlockChain, Non-modifiable Tokens, crypto currencies and other crypto-based commodities is uncertain and new regulations or policies could seriously adversely affect on the development of NFT's platform and utility.
It is your sole responsibility to determine what taxes, if any, apply to your transactions and to withhold, collect, report and pay the correct amount of tax to the appropriate tax authorities. Soei is not responsible for determining, withholding, collecting, reporting or paying taxes applicable to your NFT.
There are risks involved in purchasing third-party-generated content-related items through peer-to-peer transactions, including the risk of purchasing counterfeits, mislabeled items, easy-to metadata decay items, smart contract items have errors, and items may not be transferable. You represent and warrant that you have performed adequate research before making any decision to sell, collect, transfer or interact with any NFT or account/collection.
There are risks relating to the use of the Internet and BlockChain-based products, including but not limited to the risks relating to hardware, software and Internet connections, the risk of introducing malware and the risk that a third party may gain unauthorized access to your account, wallet or Third Party Account. You accept and acknowledge that Soei will not be responsible for any communication problems, interruptions, errors, distortions or delays that you may experience while using the platform or any Blockchain network regardless what the cause is.
Platform is based on third party platforms and/or providers. If we are unable to maintain a good relationship with such vendors and/or platform providers; if the terms and conditions or prices of such providers and/or platform providers change; if we breach or are unable to comply with the terms and conditions of such platforms and/or providers; or if any such platform and/or provider loses market share or becomes unpopular or unavailable for a long time, access to and use of the Service will be affected.
Soei reserves the right to hide collections, contracts and items affected by any of these or by others. Items you purchase may not be accessible on Soei. In any case, the inability to view items on Soei or to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchain shall be basis for an Soei claim.
If you have a dispute with one or more users, YOU DO NOT BRING US IN TO A COMPLAINT, CLAIM FOR DAMAGE OF ANY KIND, KNOWLEDGE AND UNKNOWLEDGE, GENERATION OUT OF OR IN RELATED TO THE DISPUTES. BY ENTERING INTO THIS PERMISSION, YOU EXPRESSLY WAIVE ANY PROTECTION (WHETHER BY LAW OR OTHERWISE) THAT WOULD LIMIT THE SCOPE OF THIS PERMISSION TO INCLUDE CLAIMS YOU MAY KNOW OR SUSPECT EXISTING IN YOUR FAVOR AT THE TIME OF CONSENTING TO THIS PERMISSION.
10. Other policies
These Terms shall include all policies, rules, regulations on ADSI (including but not limited to existing, or subsequently added, added or removed policies) published on Soei about regulations and compliance issues, for your convenience when using services at Soei, such as:
Privacy Policy;
Risk recommendation;
Cookies Policy;
or any related policy.
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