Website Terms of Use
These Website Terms of Use (Terms of Use) and all policies posted on our website instruct you on how to access and use our website at https://mittaria.io/, including https://mittamatrix.mittaria.io/ (collectively referred to as the "Website").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OUR WEBSITE.
Last updated: 31 January 2024
1. Who we are and how you accept these Terms of Use
1.1 We, Mittaria Origin Limited, as the operator of Website, a company registered in British Virgin Islands, whose registered number is 2100690, and registered address is 1st Floor, Irvine's Place, 159 Main Street, P.O. Box 2132, Road Town, Tortola, British Virgin Islands (we/us/our).
1.2 The intellectual property, intellectual property rights in certain materials displayed on the Website, including content, information, logos marks, materials, relating to the project belongs to T&B Media Global (Thailand) Co. Ltd, a company incorporated under the laws of Thailand, company registration number 0105559126836, with registered address at No. 101 True Digital Park Building, 4th Floor, Room 408, Sukhumvit Road, Bang Chak, Prakanong, Bangkok 10260, or to its partner (collectively referred to as the "Licensor")
1.3 By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not access or use our Website.
1.4 We and the Licensor may amend these Terms of Use from time to time. Every time you wish to use our Website, please check these Terms of Use to ensure you understand the terms that apply at that time.
2. Use of our Website
2.1. You must be at least eighteen (18) years old to use the Website.
2.2. Subject to your compliance with these Terms of Use and applicable laws, we as the operator, and the Licensor are granting you certain rights including but not limited to the right to access the Website in accordance with the terms of this Terms of Use.
2.3. You must not use the Website if any applicable laws, including but not limited to anti-money laundering laws, counter-terrorist financing laws, anti-corruption laws or economic sanctions laws, would be breached or if such applicable laws prohibit, penalize, sanction, or expose Mittaria, the Licensor, or the Website to liability.
2.4 You may not use the Website if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Website or would be illegal or otherwise violate any applicable law (including any countries sanctioned by the UN, US, OFAC, the UK or the EU). You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use the Website.
2.5. If you are in any doubt as to whether the above restrictions apply to you, you should consult your legal, financial, tax or other professional advisor(s). Unfortunately, if you breach any of these Terms, the above license will terminate. The decision to terminate or suspend any licence and is in our sole discretion.
2.6. Our Website is made available free of charge, however certain elements might only be accessible to users which connect their blockchain wallets (such as Metamask) to our Website.
2.7. We do not guarantee that our Website will always be available or be uninterrupted. We may suspend or restrict the availability of all or any part of our Website for business and operational reasons. You acknowledge that the Website is made available via the internet and as a result, the availability of the Website may be subject to limitations, delays and other problems inherent in the use of such communication facilities. Consequently we: (a) do not warrant that the use of the Website will be uninterrupted or error-free; and (b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet and blockchain networks.
2.8. We want to ensure that our Website is as accessible and available at all times, so if you have any difficulties using our Website, please let us know at Admin@mittaria.io.
2.9. We have the right to make any changes to the functionality of the Website at any time without notice, and for any reason, including without limitation: (a) to address users' needs; (b) to comply with any applicable laws; or (c) to add new functionalities or improve existing functionalities (including integrating the Website with third-party services).
2.10 We are not responsible for viruses and you must not introduce them. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
3. Intellectual property and copyright
3.1. Intellectual property rights in the material posted on our Website and your right to use our Website. We and the Licensor collectively are the owner or the licensee (including any subsequent sub-licensee) of all intellectual property, intellectual property rights including copyrights, trademarks, patents, and trade secrets, know-how, in our Website and all material published on the Website. Those works are protected by intellectual property laws and treaties around the world. This means that you are not permitted to copy or use any such content other than in accordance with this clause. All such rights are reserved. You may print off one copy and may download extracts of any page(s) from our Website for your personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
3.2. Content. User Content refers to all information, materials, video, audio and any other items uploaded by the users onto the Website ("User Content").
3.3. User Content standards. All User Content submitted to the Website:
- (a) must be accurate;
- (b) must comply with all applicable law or regulation, including in any country from which it is posted;
- (c) must be appropriate and not offensive;
- (d) must not infringe any third-party rights (including intellectual property rights or licence terms); and must pass all necessary intellectual property checks (if we decide to conduct them). We are not required to monitor User Content, but we reserve the right to remove any User Content from the Website if it does not, in our opinion, meet these User Content standards. All users are responsible for complying with the User Content standards for any User Content they submit. We accept no liability to you or any other user or third party in relation to the content, accuracy or completeness of any User Content. You will indemnify us for any loss or damage we suffer as a result of any breach by you of the User Content standards.
3.4. Ownership of User Content. For the purpose of these Terms, we assume that you own your User Content and by uploading it on the Website, you do not transfer any ownership to us. By uploading any User Content, you: (a) represent and warrant that you have the right to upload and publish the User Content, whether as an owner or a licensee; and (b) grant us a non-exclusive, worldwide, royalty-free, fully paid up, transferrable, sublicensable, perpetual and irrevocable licence to copy, display, upload, distribute, publish, store, and otherwise use your User Content to the extent and in such a manner as is necessary to operate the Website.
3.5. No commercial use of our content. You must not use any part of the content from our Website for commercial purposes without obtaining a licence to do so from us.
3.6. No data mining or web scraping.You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to our Website. This includes using (or permitting, authorising or attempting the use of): (a) any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and (b) any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
3.7. Content is provided for general information only. The content on our is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Website. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date.
3.8. Linking to our Website. You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website on any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
3.9. Third-party sites, products and services. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. Any interaction (or dispute) you may subsequently have with those third parties is subject to those third parties' terms only.
4. Do not misuse our Website
4.1. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
4.2. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website.
4.3. We will have the right to refuse the provide certain services or functionalities on the Website at our sole discretion, in particular, if we believe that you do not meet the user eligibility criteria to use our Website, We may suspend, terminate, prohibit a user from using the Website immediately and without notice if we believe that such user is in breach of any of these Terms or if we are required to do so under any applicable law or regulations or asked to do so by a regulator or any governmental body. We may also suspend, terminate, or prohibit a user from using the Website account immediately and without notice if a user fails to comply with the Genesis NFT Terms of Sale, or becomes known for not respecting, breaching, bypassing or facilitating bypassing of NFT creators' rights, including royalty rights.
4.4. You shall: (a) maintain the confidentiality and security of your access credentials and not disclose them to anyone; and (b) update your access credentials and notify us as soon as you become aware or suspect that your credentials have been compromised, or in case of any actual or suspected unauthorised use of your access credentials. We will not be liable to you for any loss or damage you incur as a result of your breach of this clause.
4.5. We, as the operator of the Website, grant to you a limited, non-exclusive, non-transferable, revocable right to access and use the Website, subject to your compliance with these Terms. The Licensor grants to you and us a limited, non-exclusive, non-transferable, revocable right to the intellectual property rights for the functioning of the Website (such as display of images, videos on the Website), subject to your, and our compliance with these Terms. If you breach the license under this clause or in violation of this Terms, you shall be deemed in violation of our rights as the Website operator and the intellectual property rights of the Licensor (as the case may be).
4.6. Prohibited uses. You shall not use the Website for or in connection with any of the purposes or any of the matters listed below (and you acknowledge that any such use may result in immediate suspension or termination of your account and of your right to use the Website. You shall not use the Website to:
- 4.6.1. collude with other users to manipulate the price of any NFT or in any other way affect or influence the value or the price of any NFTs;
- 4.6.2. conduct any unsolicited or unauthorised advertising or promotional activity or any other form of similar solicitation (spam);
- 4.6.3. conduct or be involved (directly or indirectly) in any activities which are, or may result in, a breach of any applicable laws (including local, national and international law or regulation), including, but not limited to, laws against money laundering and/or terrorist financing,
- 4.6.4. engage in speculative investments;
- 4.6.5. engage in any activity that may bring us or the Website or any other user into disrepute (whether defamatory or not);
- 4.6.6. conduct or be involved (directly or indirectly) in any activities which are, or may result in, a breach of any rights of any third party, including their intellectual property rights (for example their copyrights, patents or trademarks);
- 4.6.7. act in any way that is unlawful, fraudulent, or has any unlawful or fraudulent purpose or effect (including providing any false, inaccurate or misleading information to us and/or any other user);
- 4.6.8. bypass or facilitate bypassing of NFT creators' rights, including royalty rights;
- 4.6.9. disseminate any content that contains viruses, or is illegal, immoral or in any other way inappropriate or harmful;
- 4.6.10. interfere in any way with the Website such as the use of any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the website or functionalities, extract data, or otherwise interfere in any way with or modify the rendering of websites pages or functionalities in any software in the website or incorporate it into any other program or application;
- 4.6.11. disassemble, decompile, reverse-engineer or otherwise attempt to obtain access to the source code, object code, algorithms, components and/or any concepts or ideas incorporated into the Website;
- 4.6.12. access any part of the Website to build a product or service which competes with the Website or any functionality provided by it;
- 4.6.13. upload any content that contains viruses, or is illegal, immoral such as content that may involve or in any other way inappropriate or harmful;
- 4.6.14. use the Website to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
5. Limitation of Liability
5.1. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, we exclude all implied conditions, warranties, representations as well as our liability for direct, indirect or consequential loss that may result from the use of our Website or any content on it.
5.2. While we try to keep our Website safe and protected, we do not guarantee that our Website will be secure or free from bugs or viruses.
5.3. The Website is not intended to provide legal, tax or financial advice. Always do your own research, we cannot be held responsible for any kind of loss arising from use of the Website. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
6. Changes to this Terms of Use
We reserve the right to update this Terms of Use for any reason, including but not limited to complying with relevant laws of the British Virgin Islands or other applicable laws, government policy, regulatory and other obligations of a similar nature. Any updates will appear on our Website. Any changes to this Terms of Use will become effective upon publishing the Terms of Use or such other date as we may specify.
7. Entire Agreement
These Terms of Use constitute the entire agreement between the parties and supersede and extinguish any and all previous and contemporaneous agreements, promises, assurances, and understandings between them, whether written or oral, relating to its subject matter. You acknowledge and agree that in entering into these terms you do not rely on and have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.
8. Governing law
These Terms of Use shall be construed in accordance with the laws of the British Virgin Islands, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
9. Dispute Resolution – Arbitration and Class Action Waiver
9.1. Please read this Dispute Resolution- Arbitration and Class Action Waiver clause carefully. It affects your rights.
9.2. It provides that all disputes between you and us shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Your acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court. (including attorney's fees).
Arbitration
9.3. Any dispute, controversy, or claim arising out of, relating to, or in connection with these Terms of Use, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred and finally resolved by arbitration administered by the BVI International Arbitration Centre ("BVI IAC") under the BVI IAC Arbitration Rules. ("BVI IAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause 10.3. The law of this arbitration clause shall be the laws of the British Virgin Islands. The place of arbitration shall be Singapore. The number of arbitrators shall be 3 (three) arbitrators. The language to be used in the arbitral proceedings shall be English.
9.4. Any dispute between the Parties arising out of or relating to these Terms of Use that is not subject to arbitration or cannot be heard in small claims court will be resolved and filed only in the courts of the British Virgin Islands. In such case You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.
Class Action Waiver
9.5. Except as otherwise provided in these Terms of Use, to the fullest extent permitted by applicable law, the arbitrators may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and us specifically agree to do so in writing following initiation of the arbitration. Neither you, nor any other user of the Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.
10. Severability
If any term, clause, or provision of these Terms is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from these terms without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in these Terms, which will remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to affect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from these Terms, but the rest of these Terms will remain in full force and effect.