Sportium is a Global Multi-Sports Fan Platform. Users who purchase or hold digital assets in connection with all services provided by Blueberry Meta Co., Ltd. (The "Company") for use on the Web or mobile devices provided by the Company are deemed to have access to and agreed to Sportium under the following conditions:
- “SPORTIUM” was conceived with the goal of creating a platform that bridges sports to the upcoming, still uncharted area of the metaverse.
- NFT are assets that can be traded within a SPORTIUM or in sub-services, are electronically present in the blockchain, and are service objects.
- Wallet: It refers to a digital asset wallet owned and used by a member to store digital assets linked to a registered mail account.
When purchasing SPORTIUM's NFT, you will have ownership of the NFT you purchased. The transfer of ownership of NFT is entirely through smart contacts on the blockchain network and our Company. shall not seize, restrict, or change the ownership of the Company in any case.
Other than the rights to the Art, nothing hereinabove gives you any rights to any other trademarks or other intellectual property rights belonging to the Company including, without limitation, to SPORTIUM and the associated logos. All these rights are expressly reserved in the name of the Company.
The currency that members can use to purchase a service provided by NFT may be added or changed depending on the Company's circumstances and services, and payment methods available for NFT purchases may be identified.
FEES AND PAYMENT
- If you link your wallet to SPORTIUM and approve a smart contract linked to NFT's purchasing function, and the transaction is successful, a sales contract for NFT will be established between you and the Company.
- When purchasing NFT, a certain amount of gas fee may be incurred depending on the blockchain used, and the fee may vary depending on the time of approval of the smart contract.
- When purchasing NFT, it may take a certain amount of time for smart contract approval and approval to be transferred to the wallet, and the time required may vary between individuals depending on the network situation of the blockchain.
- We do not have the right to supervise or manage any transactions or settlements you have participated in and cannot cancel any transactions. We are not liable to you or any third party for any loss or claim arising from any transaction you have made over the blockchain network.
WITHDRAW SUBSCRIPTION (REFUND)
When purchasing an NFT from SPORTIUM using a smart contract, you can request the withdrawal of the contract within the statutory subscription period (7 days) only if the value of the product is not damaged by the relevant laws. (If the goods are paid in advance due to reservation purchase, but couldn't receive it, the goods have already been purchased and the goods have not been paid due to server failure.)
However, if it is impossible to withdraw the subscription prescribed by the relevant laws, such as the " ACT ON THE CONSUMER PROTECTION IN ELECTRONIC COMMERCE “, etc.), the company will take necessary measures under the relevant laws to restrict the right to withdraw the subscription.
Due to the characteristics of digital assets, applications for withdrawal of subscriptions can be withdrawn only if they apply by a separate procedure set by the Company.
We will withdraw and refund the subscription within 7 business days after applying for withdrawal of the subscription, and if an additional period is required in the process of withdrawal of the subscription, we will inform you.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.
- WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BLOCKCHAIN NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
LIMITATION OF LIABILITY
- YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS.
- YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE AMOUNTS YOU PAID US UNDER THESE TERMS.
- YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
- To the extent that you sell your SPORTIUM NFT, please be aware that the prices of NFTs are extremely volatile, and fluctuations in the prices of other NFTs impact the price of your SPORTIUM both positively and negatively. You assume all risks about purchasing and trading SPORTIUM. Given the volatility, NFTs such as SPORTIUM should not be considered as a financial investment instrument (security or derivatives) subject to the Financial Investment Service and Capital Markets Act.
- Ownership of a SPORTIUM confers ownership of digital artwork only. Accordingly, no information on this website (or any other documents mentioned therein) is or may be considered to be advice or an invitation to agree to any investment purpose. Further, nothing on this Site qualifies or is intended to be an offering of securities in any jurisdiction nor does it constitute an offer or an invitation to purchase shares, securities, or other financial products. Due to the artistic nature of the project, SPORTIUM has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the SPORTIUM and the associated art complies with laws and regulations in your jurisdiction.
- You assume all risks associated with using an Internet-based currency (including digital assets), including, but not limited to, the risk of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
- NFTs, cryptocurrencies, and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value of your SPORTIUM. You understand and accept all risks in that regard.
- You agree to hold harmless and indemnify the Company (Blueberry Meta Co., Ltd.) and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and reasonable attorneys' fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Site.
- We shall not be liable for the provision of the Services in cases where the Services cannot be provided due to natural disasters, power outages, disruptions of communications provided by other telecommunications service providers, or any other force majeure events equivalent thereto. And We shall not be liable for damages incurred to a user arising from system disruptions that cannot be controlled by Us, system disruptions caused by third-party attacks, or computer viruses for which a reputable domestic or international research institute or security firm has not developed a countermeasure, unless attributable to an intentional or grossly negligent act of Us. Furthermore, we shall not be liable for any damage caused by maintenance, replacement, regular inspections, or construction of facilities used for the services, or any other causes equivalent thereto unless such damage is attributable to an intentional or grossly negligent act of Us.
- We shall not be liable for any disruptions in use of the services caused by an intentional or grossly negligent act of a user unless the User has an inevitable or a legitimate reason.
- We has no obligations to involve itself in any transactions or disputes arising from or about the services between users or between a user and a third party, and We shall not be liable for any damages arising from such transactions or disputes. We shall not be held responsible for a user’s failure to gain benefits or loss of such benefits that the user expected from using the services.
OBLIGATIONS OF A USER
A user (or a purchaser) shall comply with these Terms and Conditions.
A user shall NOT (a) pay by illegal use of methods of payment, such as using another person’s digital asset wallet, credit card, phone, bank account, etc,; (b) change information posted by Blueberry Meta Co., Ltd. or cause disruptions to the services; (c) infringe on personal rights or intellectual property rights of Us and/or a third party, including the right of portrait, right of name, publicity right, and copyright; (d) damage the reputation of Us and/or a third party or interfere with the business of Us and/or a third party; (e) impersonate employees or other related parties of Us; (f) post indecent information such as vulgar or violent messages, videos, audios, or other contents, or post information that may cause other users to feel disgusted or anxiety, or post a link which connects to above-mentioned information on the website; (g) use the services for purposes other than as prescribed without Our consent, such as for-profit, sales promotion, advertisement, publicity, political activities or election campaigns, etc.; (h) duplicate, distribute, promote or commercially use any information obtained using services without authority, use services by exploiting known or unknown bugs; (i) take advantage by deceiving others; (j) give damages to others in relation to using services; (k) any other act that violates relevant laws, or is against good customs or other social norms.
CHANGES TO THE TERMS AND CONDITIONS
- We may make changes to the Terms at our discretion. Please check these Terms and Conditions periodically for changes.
- The change of these Terms and Conditions shall announce in a manner prescribed in Article 1., regarding both the previous and modified versions of the Terms and Conditions, effective date, and reasons for the modification for a period starting seven (7) days before the effective date and ending one (1) day before the effective date. Provided, however, any change to your significant rights or obligations shall be announced thirty (30) days before the effective date in the manner prescribed above.
- Your continued access to or use after the Terms and Conditions have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms and Conditions, you may not access or use the website.
JURISDICTION AND GOVERNING LAW
These Terms and Conditions shall be governed by and construed by the laws of the Republic of Korea, without giving effect to any choice or conflict of law provision or rule. Any lawsuits related to disputes between you and the Us shall be brought to a competent court under the Civil Procedure Act