These terms and conditions of use (“Terms”) are entered into between Yesports Ltd (BVI Company No. 2078379 ) (“Yesports”, “we” or “us”) and you (“you” or “User”).
Yesports is the operator of this website (“website”) app, platform and related services made available under the Yesports name including the marketplace available on the platform (together, the “Platform”).
In these Terms, the User means (as applicable) a person using any part of the Platform in any capacity, including a person using the Platform as a trader, staker, buyer, seller or a person browsing or accessing the Platform.
We do not provide any investment, financial, legal, regulatory, accounting, tax or similar professional advice on the Platform. Blockchain, cryptocurrency, tokens, trading Non-Fungible Tokens and related transactions such as staking transactions involve a high degree of risk and there is always the possibility of loss, including the loss of digital currency, NFTs, tokens and assets. Yesports is not responsible for any costs, taxes, losses or damages a User incurs as a result of or in connection with using the Platform or buying, selling and/or trading NFTs on the Platform.
Users acknowledge that buying, selling, staking and trading tokens and NFTs is significantly risky and is unregulated by any central or government authority. Users warrant that they understand the risks associated with access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform.
For the purpose of these Terms, “NFT” means Non-Fungible Tokens and/or related digital creations and/or digital assets (including all materials associated with those Non-Fungible Tokens, card packs, metaverse access cards and/or related digital assets).
The Platform will provide the ability for Users to:
YESP tokens and/or third party tokens may be used to participate in Staking Transactions through the Platform. Yesports will have sole discretion as to the manner, outcome and effect of the Staking Transactions and the tokens or cryptocurrency available on the Platform.
A User may only access and use this Platform if you are at least 18 years old and have the legal capacity to enter into a binding contract. By using the Platform and/or accepting any services made available on this Platform, you warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
These Terms will prevail over any other terms or agreement between a User and Yesports, including any other terms proposed by a User.
Users acknowledge and agree that Yesports is not a party to any agreement entered into between different Users and Yesports does not have control over the conduct of Users of the Platform, including and in relation to the procurement or sale of illegally acquired NFTs on the Platform or the availability of tokens, cryptocurrency or other assets which may be used in Staking Transactions.
Yesports will mint and create NFTs to be sold on the Platform in collaboration or association with our Esports partners, players and other third parties (“Esports Partners”). NFTs sold by Yesports or its Esports Partners on the Platform may grant Buyers exclusive access to rewards from Esports Partners. Yesports and its Esports Partners have sole discretion as to the rewards and when and how rewards will be redeemed by the Buyers. Examples of such reward include but are not limited to gaming equipment, signed merchandise and coaching sessions with Esports Partners.
Users will need to connect their Blockchain Wallet to the Platform (“Registration”) to buy, sell, and/or trade NFTs on the Platform and/or participate in Staking Transactions on the Platform by staking YESP tokens or other third party tokens, assets or cryptocurrency on the Platform.
Upon Registration, a User will be able to search for and view NFTs which are listed for sale or auction (“Listing”) on the Platform and may participate in Staking Transactions using YESP tokens (or other digital assets or tokens available for Staking Transactions on the Platform as determined by Yesports).
When Yesports, its Esports Partners or any other Seller is creating a Listing, that Seller has discretion as to sale price or the starting auction price of the NFT. Yesports does not make any representations as to the value of the Listing regardless of its sale price. Yesports and its Esports Partners will be Sellers on the Platform.
The Seller of a Listing on the Platform will incur a platform fee payable to Yesports equal to 10% of the total sale price of the Listing sole on the Platform (“Service Fee”). Yesports will receive Service Fees each time a Listing is sold or traded on the Platform.
Yesports may deduct the Service Fee direct from the sale proceeds paid or payable by a Buyer for a Listing before the sale proceeds are transferred to or made available to the Seller. The Service Fee paid to or deducted by Yesports is non-refundable.
Discounts on the Service Fee may be available for Users who stake YESP (the Yesports token) at Yesports’ discretion.
In addition, fees or commissions or margins may be imposed and varied by Yesports in relation to Staking Transactions on the Platform. Such fees will be payable in the amount, the manner and as and when determined by Yesports.
The fees payable for using the Platform may be amended at the sole and absolute discretion of Yesports at any time. Yesports intends to advise of any amendments to the fee by posting the amended fee on the website. Yesports reserves the right to introduce new fees or amend existing fees for use of the Platform at any time at its discretion.
All transactions on the Platform, including without limitation buying, selling and staking, are facilitated by smart contracts existing on the Ethereum blockchain. The Ethereum blockchain requires the payment of a transaction fee (“Gas Fee”) for every transaction that occurs on the Ethereum blockchain, and thus every transaction occurring on the Platform. The Platform is built on the Polygon network to connect Ethereum-compatible blockchain networks and address scalability issues on the current Ethereum blockchain. While this may reduce the value of Gas Fees, the value of Gas Fees changes is unpredictable and are entirely outside of the control of Yesports or the Platform. Users acknowledge that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that Gas Fees are unequivocally non-refundable under all circumstances.
Ownership of the NFT will be transferred from the Seller to the Buyer when the Buyer has paid the purchase price of the NFT in full and otherwise on the terms specified by the Seller. All of the intellectual property rights in the NFT are owned by Yesports (and/or its Esports Partners or third party licensors) and will remain with Yesports (and/or its Esports Partners or third party licensors) even after ownership is transferred from the Seller to the Buyer. For the purpose of clarity, Yesports will receive a royalty in perpetuity every time a NFT is sold.
Transfer of ownership to the Buyer is effected when it appears in a Buyer’s Blockchain Wallet. After a sale has occurred, the Seller will no longer be able to withdraw the NFT from their Blockchain Wallet.
By using the Platform, each Seller agrees that:
All transactions involving the purchase and sale of a Listing are final.
When using any part of the Platform, Users must not directly or indirectly:
Each User agrees that Yesports may send them promotional communication by email, including newsletters, special offers, surveys, updates, and any information that Yesports may consider will be of interest to the User.
Users also agree that Yesports may send communications by email or text message that pertain to the status of a purchase or sale of a Listing and other communication that pertain to their interaction with the Platform.
By using the Platform, including by submitting, listing, posting, promoting or displaying any content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display all such content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you list, submit or post on or through the Platform for our current and future business purposes, including to operate, provide, promote, and improve the Platform. This includes any digital file, art, or other material displayed on the Platform.
You represent and warrant that you have, or have obtained, all rights, licences, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, list, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to list or post the material and to grant to Yesports the licence described above, and that the content does not violate any laws.
Users agree to indemnify, defend and hold harmless the Released Parties (as defined below) from and against any and all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any infringement of any third party intellectual property rights by the User or in connection with the warranties given in this section being false, misleading or incorrect in any respect.
Yesports (and/or its Esports Partners and third party licensors) will own and retain all intellectual property rights in the NFTs minted, offered, sold and traded on the Platform and in the tokens and digital assets made available on the Platform, both before and after the sale of the NFTs on the Platform (or otherwise) and both before and after the completion of a Staking Transaction.
For clarity, no intellectual property rights in a NFT traded on the Platform will be transferred from the Seller (including Yesports (and/or its Esports Partners and third party licensors) to the Buyer of the NFT traded on the Platform, unless otherwise separately expressed by Yesports in the terms of sale stipulated by Yesports in a smart contract for that NFT. In the absence of any express transfer of intellectual property rights in a NFT, no intellectual property rights associated with or arising in a Listing will be transferred from the Seller to the Buyer under a transaction completed on the Platform.
Buyers must ensure that they review the terms of sale under a smart contract and must determine whether the terms of sale are fit for their purpose before completing the transaction. The Buyer accepts all risks and liabilities associated with the intellectual property in a Listing purchased on the Platform.
For clarity, references to content or intellectual property rights in this section do not apply to User content made available on the Platform, the subject of which is governed by the preceding section.
All of our content comprised in, on or relating to the Platform (including all intellectual property comprised in our content) is owned by Yesports, our related entities and/or our third-party licensors and is protected by copyright, trademarks, service marks, patents, design registrations, and/or other proprietary rights and laws. The YESP tokens constitute our intellectual property rights owned solely by Yesports (and/or our third party licensors).
As between you and Yesports and our licensors, Yesports or our licensors own and retain, solely and exclusively, all rights, title and interest in and to the Platform, and all the content that Yesports or our licensors create, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos, and trade names displayed on or in connection with the Platform are the registered and unregistered trademarks and service marks of Yesports in Australia and/or other countries.
Your use of the Platform does not grant you any rights in or ownership over any of the Platform’s content, and except for the limited licence we grant you under these Terms, your use of the Platform does not grant you any rights, licence or permission under any copyright, trademark or other intellectual property rights of Yesports, its related entities, Yesports’ licensors and/or any third party. Yesports reserves all rights not expressly granted to you in these Terms.
Subject to these Terms, we grant you a limited, non-exclusive, revocable, non-sublicensable and non-transferable licence to access and use the Platform solely for its intended purpose of using the products made available on the Platform (“licence”).
Such licence does not include the right to, and you must not under any circumstances, reproduce, distribute, adapt, modify, copy, translate, create derivative works from, publish, commercialise or download any content on, component of, or part of, the Platform or otherwise use any of the Platform content for any other purpose except with our express prior written permission. The licence granted under these Terms does not include the permission or right to use any data mining, robots, or similar data gathering or extraction methods. Any degree of commercial exploitation of the Platform content (including intellectual property rights therein) without express prior written permission from us is strictly prohibited and will constitute a breach of these Terms.
Our content used in or in connection with the Platform is proprietary to Yesports, its related entities and/or our licensors, and except for use strictly in accordance with the foregoing licence, any use, redistribution, sale, decompilation, production, reverse engineering, disassembly or translation of content, or reduction of content (including software) to human-readable form, is strictly prohibited and will constitute a breach of these Terms.
Any use of the Platform or content on the Platform other than as specifically authorised in these Terms is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also infringe or violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated in these Terms, nothing in these Terms will be construed as conferring any rights or licence to intellectual property rights, whether by estoppel, implication or otherwise. The licence is revocable at any time.
To the extent permitted by applicable law, the licence is provided on an “as is” basis. Yesports disclaims all warranties and conditions, express and implied, in relation to the licence, including (without limitation), warranties of merchantability, fitness for a particular purpose, non-infringement and title.
To the extent permitted by applicable law, Yesports owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Yesports or the Platform that Users provide or disclose through email, the Platform or in any other manner. Users hereby transfer all rights, ownership and interests in and to the Feedback and all related intellectual property rights to Yesports and waive any request for acknowledgment or compensation based on any Feedback or any modifications based on any Feedback, unless otherwise agreed by us in writing.
You acknowledge that access to or use of this Platform and any goods, services or products offered or made available or used in connection with this Platform, including NFTs and participating in Staking Transactions, is subject to significant risks, including without limitation the following risks:
Accordingly, by using this Platform you expressly agree that:
To the maximum extent permitted by applicable law, Yesports excludes all warranties unless expressly stated in these Terms, including warranties of merchantability, fitness for a particular purpose, or non-infringement relating to any use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform.
Users acknowledge that when they access or use the Platform, and use or receive any goods, services or products offered or made available or used in connection with this Platform (including NFTs, tokens and digital assets), you do so entirely at your own risk and relying on your own enquiries and judgement.
To the extent that any applicable law restricts our right to exclude warranties under these Terms, these Terms must be read subject to those provisions and nothing in these Terms is intended to alter or restrict the operation of such provisions.
If those statutory provisions under applicable law apply, notwithstanding any other provision of these Terms, to the extent that Yesports is entitled to do so, we limit our liability pursuant to such provisions as follows:
Yesports’ liability arising in connection with the access to or use of any part of the Platform or any goods, services or products offered or made available or used in connection with this Platform (including NFTs, tokens and digital assets) is limited as follows:
Yesports provides the Platform on an “as is” and on an “as available” basis without any warranties as to continuous, uninterrupted or secure access to the Platform, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that Users will not have disruptions or other difficulties in using the Platform.
In the event that we terminate the Platform or a User’s access to the Platform pursuant to these Terms, Users release the Released Parties from all liability, loss or claims suffered by you as result of or arising out of such termination.
Yesports is not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our control.
Users agree to release Yesports and the Released Parties from all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with:
(together, the “Released Matters”).
Users further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Users also agree to indemnify, defend and hold harmless the Released Parties from and against all loss, liability, damages, claims, proceedings, costs and expenses arising out of or in any way connected with any Released Matter.
Users understand and agree that if a NFT, YESP token, other token or digital asset or any proceeds of sale is deposited into an incorrect account address or incorrect Blockchain Wallet, Yesports does not have the ability and is under no obligation or duty to return such NFT, YESP token, other token or digital assets or sale proceeds to the User. Regardless of whether Yesports controls the destination address, this section will apply.
Users accept all risk associated with providing the correct account address and correct Blockchain Wallet.
We may permanently or temporarily terminate or suspend your access to the Platform without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
The Platform may contain links to third party materials (including websites, tokens, digital assets, NFTs and related materials) that are not owned or controlled by Yesports. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access a third party website or service from the Platform on or through any third party website or service, Users do so at their own risk, and Users understand that these Terms do not apply to your use of such sites. Users expressly release the Released Parties from any and all liability arising from your use of any third party website, service, or content.
Additionally, User’s dealings with or participation in promotions of advertisers found on the Platform, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. Users agree that Yesports is not be responsible for any loss or damage of any sort relating to a User’s dealings with such advertisers.
You must not assign, sublicense, transfer or otherwise deal in any other way with any of your rights or obligations under these Terms. We may assign our rights under these Terms at our discretion.
These Terms are governed by the laws of the British Virgin Islands and each party submits to the exclusive jurisdiction of the courts of the British Virgin Islands and all courts of appeal from there.
Any waiver of any term on these Terms by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
The contents of these Terms constitute the entire agreement between you and us and supersede any prior negotiations, representations, understandings or arrangements made between you and us regarding the subject matter of this agreement or your access to or use of the Platform, whether made orally or in writing.
If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Yesports will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond our reasonable control (including but not limited to epidemics, pandemics, Government sanctioned restrictions and orders and disruption or malfunction of the Internet or the world wide web or any other electronic network including the Ethereum blockchain whether known or unknown at the time of entering into these Terms).
Users may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with Yesports to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief).
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