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These terms and conditions of use ("Terms") are entered into between
Yesports Limited (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 buyer, seller or a person browsing 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 involve a high degree of risk and there is always the possibility of loss, including the loss of digital currency, NFTs and assets. Yesports is not responsible for any costs, taxes, losses or damages a User incurs as a result of or in connection with buying, selling and trading NFTs on this Platform.
Users acknowledge that buying, selling and trading 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 and/or related
digital creations and/or digital assets).
The Platform may provide the ability for Users to sell NFTs ("Seller")
and Users to buy NFTs ("Buyer"). Users may be able to buy, sell, mint,
auction and/or search for NFTs implemented on the Polygon and Ethereum
blockchain using smart contracts.
A User's use of this Platform is subject to these Terms. These Terms
constitute a binding legal agreement between the User and Yesports,
and a User's use of the Platform constitutes their acceptance and
acknowledgement of the Terms, our Privacy Policy, and any other policy
displayed on the Platform, all of which constitutes the Terms.
A User does not need to connect their MetaMask, Coinbase,
WalletConnect, Magic, Sequence or Paper Wallet ( " Blockchain Wallet")
to the Platform to be bound by the Terms; any simple use, such as
browsing NFTs or opening any part of the Platform, will constitute
acceptance of these Terms. If you do not agree to the Terms, you must
not use the Platform.
Yesports may amend or modify the Platform, the Terms and/or the Privacy Policy at our sole discretion and at any time. Yesports will make available any material updates to the Terms on this website.
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.
Users will need to connect their Blockchain Wallet to the Platform ("Registration") to buy, sell, trade and/or mint NFTs on the Platform.
Upon Registration, a User can list a NFT for sale or auction
("Listing") on the Platform.
When a Seller is creating a Listing, the 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 and has no control over the price set by a User.
The Seller will incur the following fee payable to Yesports in relation to the sale of NFTs on the Platform:
The Service Fees may be amended at the sole and absolute discretion of Yesports at any time. Yesports will advise of any amendments to the Service Fees by posting the amended Services Fees on the website.
Yesports has the right at its discretion to deduct the Service Fees 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. All Service Fees paid to or deducted by Yesports are non-refundable except at the sole discretion of Yesports.
Ownership of the NFT will remain with the Seller until the Buyer has paid the purchase price of the NFT in full. From the time the Buyer commits to a purchase of a Listing, the Seller must not do anything which seeks to create an encumbrance, lien, charge, or other security interest over the NFT.
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, including terms as to the intellectual property rights (and any limitations on those rights) which may be transferred to the Buyer.
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 creating, submitting, listing, posting, promoting or displaying content including NFTs and related materials, 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 linked to or associated with any NFTs that are displayed on the Platform.
For clarity, listing or posting User content on the Platform (including NFTs and related materials) does not transfer ownership to Yesports or any rights to Yesports other than on the terms of the licence specified above.
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, including NFTs and related materials.
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.
The transfer of intellectual property rights to a Buyer under a transaction is determined by the terms of sale stipulated by the Seller in a smart contract. Yesports does not control the terms of smart contract between a Buyer and Seller in relation to a sale of a Listing. Buyers must ensure that they review and determine whether the licence granted under a smart contract in relation to a sale of a Listing is fit for their purpose and the Buyer accepts all risks 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, including NFTs listed by Users, 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.
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's 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, 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), 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's 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) 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 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 NFTs 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, 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.
A provision of these Terms of Use which can and is intended to operate after its conclusion or termination will remain in full force and effect, including all indemnities, limitations on liability and releases.
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 Polygon or 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).