Overview

This website is operated by Incubase Studio Asia Limited. Throughout the site, the terms “we”, “us”, “our” and “Incubase” refer to Incubase Studio Asia Limited. Incubase Studio Asia Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

 Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 You must not transmit any worms or viruses or any code of a destructive nature.

 A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Our Services

 Our products, services and properties include, without limitation, the creation, purchase, sale, exchange, or modification of certain digital assets including but not limited to non-fungible tokens (“NFTs”) and any non-digital products; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Services”). These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3. Accuracy, Completeness and Timeliness of Information

 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications to the Service and Prices

 Prices for our products are subject to change without notice.

 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

5. Account Registration

 To access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. You will be solely responsible for all access to and use of this site by anyone using the password and identification originally selected by, or assigned to, you whether or not such access to and use of this site is authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.

6. Electronic Communication

 When you use this site or send emails to us, you are communicating with Us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

7. User Content

 This Site may include features and functionality (\”Interactive Features\”) that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites (\”User Content\”). User Content is publicly-viewable and may include your profile information and any content you post under your profile, but it does not include your account information or information you submit to make a purchase. You agree that you are solely responsible for your User Content and your use of Interactive Features and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:

 – User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

 – User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;

 – User Content that displays describes or encourages usage of any product We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer;

 – User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual’s consent;

 – User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;

 – User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;

 – User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and

 – Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.

8. Rights in User Content

 Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, we claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.

 – By posting User Content to this Site, you represent and warrant that

 – such User Content is non-confidential;

 – you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms;

 – the User Content is accurate and not misleading or harmful in any manner; and

 – the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or

 policies or any applicable law, rule or regulation.

9. Accuracy of Billing and Account Information

 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail provided at the time of the account registration. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.

10. Restrictions on Rights to Use

 You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):

 – download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;

 – remove any copyright, trademark or other proprietary rights notice contained in or on the Site;

 – use any robot, spider, site search/retrieval application, or any other device to retrieve or index any portion of this Site;

 – collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;

 – reformat or frame any portion of any Web pages that are part of this Site;

 – create user accounts by automated means or under false or fraudulent pretences;

 – create or transmit to other users unsolicited electronic communications, such as \”spam,\” or otherwise interfere with other user’s enjoyment of the site;

 – submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by us;

 – transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this site, any other website, or any computer or other device or system, or the enjoyment of this site by any user;

 – use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);

 – submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;

 – copy or store any User Content offered on this Site other than for your personal, non-commercial use;

 – take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or

 – use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

 We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

11. Ownership

 As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the \”Site Content\”), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to confuse. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.

12. Purchases on this Site

 You agree that all of your transactions with or through this site will be conducted electronically from start to finish. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier according to the shipment contract. We may charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

13. Third-Party Links

 Certain content, products and services available via our Service may include materials from third parties.

 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

14. Indemnification

 To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (\”Our Related Parties\”), from and against any claims, damages, costs, liabilities and expenses (collectively, \”Claims\”) arising out of or related to

 (a) your access to and use or misuse of this Site;

 (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site;

 (c) any Feedback that you provide;

 (d) your violation of these Terms; and

 (e) your violation of any rights of another.

15. Disclaimers

 The service, content contained therein, and items listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Incubase disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement as to the service or any content contained therein. Incubase does not represent or warrant that content on the service is accurate, complete, reliable, current, or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained in the service. While Incubase attempts to make your access to and use of the service and content safe, we cannot and does not represent or warrant that the service, content, or any items listed on our service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.

 We will not be responsible or liable to you for any losses you sustain as a result of your use of the service. We take no responsibility for, and will not be liable to you for, any use of items, including but not limited to any losses, damages or claims arising from (i) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (ii) server failure or data loss; (iii) corrupted digital wallet files; (iv) unauthorized access to applications; or (v) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service or items.

From time to time, Incubase may offer new “beta” features or tools. Such features or tools are offered “as is” and with all faults, solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this section apply with full force to such features or tools.

 Items are intangible digital assets. They exist only by virtue of the ownership record maintained in the blockchain network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the applicable blockchain platform. We do not guarantee that Incubase or any entity can affect the transfer of title or right in any items. We cannot and do not guarantee that any item will have or retain any inherent value.

 Incubase is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behaviors of wallet, smart contract, blockchains, or any other features of or inherent to the Items. Incubase is not responsible for casualties due to developers or representatives delay or failure to report any issues with any blockchain supporting Items, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

 Nothing in these Terms shall exclude or limit the liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

16. Limitation of Liability

 To the fullest extent permitted by law, in no event will origin be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the service, any items, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if origin has been advised of the possibility of such damages. Access to, and use of, the service is undertaken by you at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.

17. Modifications to Site

 We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

18. Severability

 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. Termination

 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. Entire Agreement

 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21. Governing Law

 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of HK, Hong Kong SAR.

22. Changes to Terms and Conditions

 You can review the most current version of the Terms and Conditions at any time on this page.

 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

23. Questions

 Questions about the Terms and Conditions should be sent to us at [email protected].