🈯Terms of Service

Last modified: 09th Nov 2024

Notice: PLEASE READ THE FOLLOWING TERMS CAREFULLY: By accessing and using our platform, you agree to comply with the terms and conditions outlined herein.

Asteroid X Terms of Use

Seaurchinn Limited (BVI Company number: 2145714) (“Asteroid X”, “we”, “our”, “us”) owns and operates the website at (Website).

The below Terms of Use (“Terms”) govern your access to and the use of the Website, Asteroid X Platform (defined below) and any software, smart contracts, tools, features, or functionalities hosted, provided on or in connection with our services; including without limitation using our services to create, purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”).

“NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

Asteroid X Terms of Use Seaurchinn Limited (BVI Company number: 2145714) (“Asteroid X”, “we”, “our”, “us”) owns and operates the website at (Website). The below Terms of Use (“Terms”) govern your access to and the use of the Website, Asteroid X Platform (defined below) and any software, smart contracts, tools, features, or functionalities hosted, provided on or in connection with our services; including without limitation using our services to create, purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

ARBITRATION NOTICE: EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 14, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND ASTEROID X ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. NFT RISK NOTICE: AS FURTHER DESCRIBED IN SECTION 12, THE PRICES AND VALUE OF NFTS MAY FLUCTUATE SIGNIFICANTLY. YOU ACKNOWLEDGE THAT YOU HAVE SOUGHT INDEPENDENT LEGAL AND/OR FINANCIAL ADVICE AND FULLY UNDERSTAND THE RISKS ASSOCIATED WITH PURCHASING AND SELLING NFTS.

ASTEROID X PLATFORM

The “Asteroid X Platform” is a decentralised application (DApp) built on blockchain technology, that provides digital asset creation services such as the creation of NFTs for mining companies with emerging mining projects and provides a platform for prospective investors to purchase these NFTs. Use and Access These terms and conditions govern your use and access to the website and must be read in conjunction with any other agreement between us and you from time to time subject to the Services that we may offer. Relationship Nothing in these Terms creates any special relationship between you and Asteroid X, such as a partnership, joint venture, or an employee/employment relationship subject to any other agreement between you and us from the Service that we may offer. Any purchase, sale, holding, receipt and use of NFTs, or the Service does not: represent or constitute a loan or a contribution of capital to, or other investment in Asteroid X; provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues or profits of, or voting rights whatsoever in Asteroid X; and create or imply or entitle you to the benefits of any fiduciary or other agency relationship between Asteroid X or any of its directors, officers, employees, agents or affiliates, on the one hand, and you, on the other hand. You are not entering into these Terms for the purpose of making an investment with respect to Asteroid X or its securities, but solely to use the Service for its intended purpose as described in Section 1.1.

USE OF THE SERVICE Eligibility:

You must be at least 18 years old to access our Website and agree to these Terms and use the Service. You are responsible for all actions occurring through your use of the Service, including all financial charges and legal liability associated with such use, even if such charges or liability are incurred by a third party. You agree to indemnify us for any violation or disaffirmation of the Terms. Compliance By agreeing to these Terms, you represent and warrant to us that: you are at least 18 years old; you are not currently suspended or are not permanently banned from the Service; your registration and your use of the Service complies with any and all applicable laws and regulations. you are not located, ordinarily residing, organised, established, or domiciled in any of the following countries or regions: Sanctioned Countries: North Korea; Iran; Syria; Cuba; Sudan; Crimea region of Ukraine; Countries with High Risk of Money Laundering or Terrorist Financing: Myanmar (Burma); Yemen; Afghanistan; Countries with Cryptocurrency Bans: China; Bolivia; Algeria; Bangladesh; Nepal; and Morocco. Further, you are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and are not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union or its member states, and the government of your home country. You are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and are not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in any of the aforementioned countries or regions in clause 2.2(d) or any country or jurisdiction against which the British Virigin Islands (“BVI”) maintains economic sanctions or an arms embargo. The tokens, digital assets, or other funds you use to purchase the NFTs are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. Wallet to access and use some of our Service, we use WalletConnect to facilitate the smart contract transactions between the Asteriod X platform, DApp and your cryptocurrency wallet application (“Wallet”). You agree that all information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Wallet and you accept responsibility for all activities that occur under your Wallet, including all transactions conducted through smart contracts by using your Wallet. By using a Wallet in connection with the Service, you agree that you are using the Wallet under the terms and conditions of the applicable provider of the Wallet. Wallets are not operated by, maintained by, or affiliated with Asteroid X, and we do not have custody or control over the contents of your Wallet and has no ability to retrieve or transfer its contents. Asteroid X accepts no responsibility for, or liability to you, in connection with your use of a Wallet and makes no representations or warranties regarding how the Service will operate with any specific Wallet. You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials or seed phrase with anyone. If you discover an issue related to your Wallet, please contact your Wallet provider. Undertakings, Representations and Warranties By using the Service, you undertake, represent, and warrant as follows: Non-contravention Your use of the Service does not constitute and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention, or violation of any law applicable to you, or any contract or agreement to which you are a party or by which you are bound. Non-Reliance You warrant that you are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including Asteroid-X-Supported Blockchains, NFTs and smart contracts. You have obtained (or have had the opportunity to obtain) legal and/or financial advice and have conducted your own thorough independent investigation and analysis of the Service and the other matters contemplated by these Terms, and have not relied up-on any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of Asteroid X in connection therewith, except as expressly set forth by Asteroid X in these Terms. Unauthorised Access While blockchain data is publicly accessible, you agree not to engage in malicious activities that could disrupt the Service or any other users' experience. You may not engage in any activities that violate any applicable laws, regulations, or these Terms such as attempting to gain unauthorised access to our smart contracts or interfere with the proper functioning of the Service, deploying or utilising any automated systems, including 'bots,' that interact with the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period. Engaging in any of these aforementioned activities without prior authorisation is a prohibited material breach of these Terms and may subject violators to legal liability. Asteroid X may deny access to or use of the Service We reserve the right to restrict, suspend, or terminate your access to or use of the Service, including our front-end interfaces or related services, at any time and without notice, for any reason or no reason. However, we acknowledge that due to the decentralised nature of blockchain technology, we may not be able to prevent you from accessing or interacting with our smart contracts directly on the blockchain. You agree that we shall not be liable for any losses or damages arising from or relating to any restriction, suspension, or termination of your access to or use of the Service. Asteroid X reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials (including NFTs), in whole or in part, in our sole discretion. NFTs or other materials uploaded to the Service may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you acquire an NFT.

LICENCES

License Restrictions. Except as expressly permitted under applicable opensource licenses or as required by law, you may not: reproduce, distribute, or create derivative works from the proprietary aspects of the Service, including our front-end interfaces and proprietary software; reverse engineer, decompile, or disassemble any proprietary components of the Service; and interfere with or circumvent any security or access control measures related to the Service. Note that certain components of our smart contracts may be open-source and available under separate licensing terms. Your use of those components is subject to the applicable open-source licenses.

MODIFICATION OF TERMS

While our smart contracts cannot be modified once deployed, we may, from time to time, change the Terms relating to our front-end services at our sole discretion. Please check these Terms periodically for changes. Revisions will be effective immediately. We may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should immediately discontinue your use of the Service. It is your sole responsibility to review the Terms as they may be updated from time to time.

PROHIBITED CONDUCT

Prohibited Uses By using the Service, you agree not to, directly or indirectly: use the Service for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; interfere with the operation of the Service or any User’s enjoyment of the Service, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other user’s Wallet or use of our Service without permission, or falsifying your age or date of birth; employ any device, scheme or artifice to defraud, or otherwise materially mislead Asteroid X or any other users, including by impersonating or assuming any false identity; engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon Asteroid X or any other users; violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, Privacy Policy, trading policy or other contract governing the use of the Service or any relevant NFTs; knowingly sell or transfer any NFTs, or use any NFTs in a manner, that does or may infringe any copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless the applicable User owns or controls the rights thereto or has received all necessary consent to do the same; commit any violation of applicable laws, rules or regulations; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other; publish, post, distribute or disseminate any profane, obscene, pornographic indecent or unlawful content, pictures, topic, name, material or information; engage in or knowingly facilitate any “rug pulls,” “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive or manipulative trading activities, including: trading NFTs at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such NFT, unduly or improperly influencing the market price for such NFT or establishing a price which does not reflect the true state of the market in such NFT; creating or inducing a false or misleading appearance of activity in any NFTs or creating or inducing a false or misleading appearance with respect to the market in any NFTs: (1) executing or causing the execution of any transaction in any NFTs which involves no material change in the beneficial ownership thereof; or (2) entering any order for the purchase or sale of any NFTs with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such NFTs, has been or will be entered by or for the same or different parties; participating in, facilitating, assisting or knowingly transacting with any pool, syndicate or joint account organised for the purpose of unfairly or deceptively influencing the market price of any NFTs; or use the Service for money laundering, terrorist financing, or other illicit finance; or attempt to do any of the acts described in this Section 5.1 or assist or permit any person in engaging in any of the acts described in this Section 5.1.

PAYMENT TERMS

Payment Terms Subject to the Terms, access to our Website is free of charge. However, the use of our Service that may include buying, selling, or transferring NFTs may be subject to gas fees, commissions, royalties and other charges which will be outlined in the relevant agreement between us and you from time to time subject to the Services that we may offer. Price Asteroid X reserves the right to determine pricing for the Service from time to time. We will make reasonable efforts to keep pricing information up to date pursuant to the relevant agreement between us and you from time to time subject to the Services that we may offer. We encourage you to check our website periodically for current pricing information. Asteroid X, at its sole discretion, may make promotional offers with different features and different pricing to any of Asteroid X’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

THIRD PARTY CONTENT AND SERVICES

Third-Party DApps, Protocols, and Services The Service may interact with DApps, protocols, smart contracts, and other blockchain-based technologies developed, operated, or provided by third parties (collectively, "Third-Party DApps"). These may include, but are not limited to, public blockchain networks, decentralised finance ("DeFi") platforms, decentralised exchanges, staking services, liquidity pools, and other on-chain applications. By accessing or using the Service, you acknowledge and agree that: Asteroid X does not own, control, or operate any Third-Party DApps, public blockchain networks (such as Ethereum or other supported blockchains), third-party wallets (including but not limited to MetaMask, WalletConnect, or similar applications), public ledgers, or any other third-party software, services, or tools that you may access, interact with, or use in connection with the Service; Any transactions, interactions, or activities that you engage in with Third-Party DApps are solely between you and the applicable third party and are governed by the terms and conditions and privacy policies of those third parties. Asteroid X is not a party to any agreements entered into between you and such third parties. Asteroid X is not responsible for the operation, functionality, security, accuracy, legality, appropriateness, or availability of any Third-Party DApps, public blockchain networks, third-party wallets, public ledgers, or other third-party programs and plugins. Use of Public Blockchains and Third-Party Wallets The Service may require the use of public blockchain networks and third-party wallets that are not operated or controlled by Asteroid X. Transactions that you submit via the Service may be entirely executed on a public blockchain, such as Ethereum, and are subject to the fees, rules, and regulations of that blockchain. You acknowledge and agree that: Transactions on public blockchains are irreversible and Asteroid X has no ability to reverse any transactions once they have been submitted to the public blockchain network. Public blockchains are decentralised networks that are not controlled or operated by Asteroid X, and Asteroid X has no control over any blockchain transactions, the operation of blockchain protocols, or any other features of public blockchains. You are solely responsible for the security of your blockchain addresses, private keys, passwords, seed phrases, and any other credentials necessary to access your digital assets. Asteroid X will not be able to retrieve or help you retrieve any lost or stolen digital assets or credentials associated with the use of Third-Party DApps or wallets. Third-Party Software Components The Service may include or incorporate third-party software components, libraries, or open-source software that are available under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Software"). Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable third-party licenses for such Third-Party Software. Third-Party Content and Links The Service may provide references, links, or access to third-party resources, products, services, or content, including but not limited to smart contracts, decentralised applications, protocols, or other blockchain-based functionalities developed or operated by third parties ("Third-Party Content"). These links and access are provided for your convenience only and do not signify Asteroid X’s endorsement of such Third-Party Content. You acknowledge and agree that: Asteroid X does not endorse, guarantee, or assume responsibility for any Third-Party Content, including its accuracy, completeness, reliability, legality, or usefulness. If you access or use any Third-Party Content, you do so at your own risk, and you understand that these Terms and Asteroid X’s Privacy Policy do not apply to your use of such Third-Party Content. You expressly waive and release Asteroid X from any and all liability arising from your use of any Third-Party Content, including any losses or damages of any kind incurred as a result of such use. No Liability for Third-Party Activities Asteroid X shall not be liable for any damages or losses, whether direct or indirect, arising out of or in connection with: Your use of or reliance on any Third-Party DApps, public blockchains, thirdparty wallets, public ledgers, or other third-party programs and plugins. Any transactions, interactions, or relationships between you and any third parties, including other users, advertisers, or promoters on the Service. Any actions or omissions of third parties, including but not limited to unauthorized access to or use of your digital assets, errors, delays, or failures in performance by third parties. Assumption of Risk You acknowledge and accept that: Blockchain technologies, cryptocurrencies, NFTs, and related digital assets are new and evolving technologies that involve certain risks, including but not limited to security vulnerabilities, hacking, theft, fraud, market volatility, regulatory uncertainty, and other risks inherent to such technologies. You have a sufficient understanding of blockchain technology, digital assets, smart contracts, and decentralised applications to make informed decisions about your use of the Service and any transactions you undertake. You are solely responsible for evaluating the merits and risks associated with the use of any Third-Party DApps, public blockchains, third-party wallets, and other thirdparty services before making any decisions based on such content.3

PRIVACY POLICY

Special Notes for Blockchain Please note that transactions and data recorded on the blockchain are immutable and publicly accessible. It is your responsibility to manage and safeguard your wallet information. We cannot modify or delete blockchain data.

1. Information We Collect We may collect and process the following types of information when you use our Platform:

   • Personal Information Account Data: If you create an account, we may collect your wallet address, email address (if applicable), and other account-related information. Identity Verification (if required): To comply with regulatory requirements, we may collect identification documents or related details.

   • Non-Personal Information Usage Data: Information about how you use the Platform, such as interaction data, page views, and feature usage. Device Information: Includes device model, operating system, app version, and unique device identifiers.

   • Blockchain Data As a decentralized application, the Platform interacts with public blockchains. Any transactions made through the Platform will be publicly visible on the blockchain and cannot be deleted or modified.

2. How We Use Your Information We use the information collected to:

   • Provide and maintain the Platform's core functionalities.

   • Facilitate secure transactions and interactions within the Platform. Comply with legal and regulatory obligations.

   • Improve our services, including debugging, analytics, and user experience enhancements.

   • Communicate with you about updates, promotions, and support.

3. Sharing Your Information We do not sell, rent, or trade your personal information. However, we may share your information in the following situations:

   1. Service Providers: Trusted third-party providers who assist us with Platform functionality, analytics, or compliance.

   2. Legal Obligations: If required by law or to enforce our rights.

   3. Blockchain Transactions: Transactions performed via the Platform are broadcast to public blockchain networks.

4. Data Security We take reasonable measures to protect your data from unauthorized access, alteration, or destruction. However, due to the inherent nature of blockchain and decentralized technologies, we cannot guarantee the security of data transmitted over the internet or blockchain networks.

5. Your Rights Depending on your jurisdiction, you may have the following rights:

   • Access: Request access to the information we hold about you.

   • Correction: Request corrections to your personal information.

   • Deletion: Request deletion of personal data (excluding data recorded on the blockchain).

   • Opt-out: Opt-out of marketing communications.

6. Third-Party Links and Services The Platform may contain links to third-party websites or services. We are not responsible for their privacy practices or content. Please review the privacy policies of any third-party services you interact with.

7. Changes to This Privacy Policy We may update this Privacy Policy to reflect changes to our practices or for other operational, legal, or regulatory reasons. Any updates will be posted on our Platform, and the "Last Updated" date will be revised.

8. Contact Us If you have any questions about this Privacy Policy, please contact us at:

   • Email: [e-mail]

   • Mailing Address: Unit 3B, 907 Canning Hwy, Mount Pleasant 6153, WA, Australia

Special Notes for Blockchain Please note that transactions and data recorded on the blockchain are immutable and publicly accessible. It is your responsibility to manage and safeguard your wallet information. We cannot modify or delete blockchain data.

By using the Asteroid X Platform, including the website, DApp, and mobile applications, you agree to this Privacy Policy.

OWNERSHIP

The Service is owned and operated by Asteroid X. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Asteroid X are protected by intellectual property and other laws. All Materials included in the Service are the property of Asteroid X or its third-party licensors. Except as expressly authorised by Asteroid X, you may not make use of the Materials for any purpose. “ASTEROID X” and its logos are registered trademarks owned by Web3IN Tech-Lab Pty Ltd (ACN 660 348 005). All other trademarks appearing in the Service are the property of their respective owners. Asteroid X reserves all rights to the Materials not granted expressly in these Terms.

INTELLECTUAL PROPERTY RIGHTS

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Asteroid X’s metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service. Asteroid X does not claim that submitting, posting, or displaying this content on or through the Service gives us any ownership of the content. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. Procedure for Reporting Claimed Infringement If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please notify us immediately at the following address:Unit 3B, 907 Canning Hwy Mount Pleasant WA 6153

TERMINATION OF SERVICE

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2. Termination If you violate any provision of these Terms, your authorisation to access the Service and these Terms automatically terminates. In addition, Asteroid X may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by raising a support ticket through our discord channel. You can join our discord by using the link displayed on the Asteriod X Platform from time to time. Effect of Termination. Upon termination of these Terms: your license rights will terminate and you must immediately cease all use of the Service; you will no longer be authorised to access your Account or the Service; you must pay Asteroid X any unpaid amount that was due prior to termination; all payment obligations accrued prior to termination; and Section 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 will survive. Modification of the Service Asteroid X reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Asteroid X will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

LIMITATION OF LIABILITY

No Responsibility

Asteroid X has no responsibility for NFTs that Users trade via the Service. Asteroid X does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality, or value of any NFTs that Users trade on the Service. No Professional Advice or Liability. All information provided by or on behalf of Asteroid X is for informational purposes only and should not be construed as professional, accounting, or legal advice. You should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of Asteroid X. Before you make any financial, legal, or other decisions involving the Service, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate. You must always use caution when giving out any personally information to other Users or third-party linked websites through the Service. Asteroid X does not control or endorse User Content, any third-party content, messages, or information found in the Service and Asteroid X will not be liable for any use or misuse of User Content by any User. Asteroid X specifically disclaims any liability with regard to the Service and any actions resulting from your use of the Service.

Disclaimers Related to Blockchain Technology

To the maximum extent permitted by applicable law, and notwithstanding anything otherwise expressly provided herein, Asteroid X disclaims any and all liability related to the following: Use of Blockchain Technology. Asteroid X utilizes experimental cryptographic and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems and distributed, decentralised or peer-to-peer networks or systems in providing the Service. You acknowledge and agree that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. To the maximum extent permitted by applicable law, Asteroid X disclaims any and all liability related to the foregoing. Certain Risks of Blockchain Technology. The technology utilized in delivering the Service depends on public peer-to-peer networks such as the Asteroid-X-Supported Blockchains that are not under the control or influence of Asteroid X and are subject to many risks and uncertainties. Asteroid X may have limited or no ability to change these technologies, other than ceasing to support certain “smart contracts” and adding support for new “smart contracts”. You are solely responsible for the safekeeping of the private key associated with the Asteroid-X-Supported Blockchain address used to participate in the Service. Asteroid X will not be able to restore or issue any refunds due to lost private keys. If you are not able to use the Service due to loss or theft of a private key or otherwise, Asteroid X does not guarantee and is not responsible for your ability to exercise their rights with respect to such NFT or any other applicable digital assets. Certain Risks of Smart Contract Technology. NFTs and the content embodied therein and other digital assets relevant to the Service depend on smart contracts deployed to Asteroid-X-Supported Blockchains, and some may be coded or deployed by persons other than us. Once deployed to Asteroid-XSupported Blockchain(s), the code of smart contracts cannot be modified. In the event that applicable smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of any Asteroid-XSupported Blockchain, you may be exposed to a risk of total loss and forfeiture of all NFTs and other relevant digital assets. Asset Prices. The fiat-denominated prices and value in public markets of assets such as ETH, NFTs, and other digital assets have historically been subject to dramatic fluctuations and are highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any ETH, NFTs, and other digital assets may decline below the price for which you acquire such asset through the Service or on any other platform. You acknowledge and agree that the costs and speeds of transacting with cryptographic and blockchain based systems are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any ETH or other cryptocurrency, NFTs, or other digital assets associated with the Service. Regulatory Uncertainty. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties, and the Service, NFTs, and other digital assets could be adversely impacted by one or more regulatory or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies. Cryptography Risks. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to Asteroid-X-Supported Blockchain(s), the Service, NFTs, and other digital assets, including the theft, loss or inaccessibility thereof. Fork Handling. Certain elements of the Service, Asteroid-X-Supported Blockchains, NFTs, and other digital assets may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or reorganises or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. Asteroid X may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, Asteroid X does not assume any responsibility to notify you of pending, threatened or completed forks. Asteroid X will determine its response(s) to such forks in its sole and absolute discretion, without any duty or obligation or liability to you for such response (or lack of such response). Asteroid X reserves the right to only allow one NFT to be associated with the relevant metadata forming the final NFT, notwithstanding that copies of such NFT may exist on both chains following a fork. You assume full responsibility to independently remain apprised of and informed about possible forks, and to manage your own interests in connection therewith. Essential Third-Party Software Dependencies. Smart Contracts deployed to Asteroid-X-Supported Blockchains are public software utilities which are accessible directly through a Wallet. Because the Service does not provide Wallet software or Asteroid-X-Supported Blockchain nodes, such software constitutes an essential third-party or User dependency without which the Service cannot be utilised, and NFTs and other digital assets cannot be traded or used. Furthermore, NFT Descriptors defining the art, text or other data associated with a NFT must be stored off of Asteroid-X- Supported Blockchains. Viruses, Hacking, Phishing, Etc. The Service or your NFTs may be the target of third-party attacks, including but not limited to phishing, bruteforcing, inactive listing exploits or the use of viruses (“Third-Party Attacks”). Asteroid X will not be responsible or liable, directly or indirectly, for any actual or alleged loss or damage sustained by You in connection with Third-Party Attacks. Officers, Directors, Etc. All provisions of these Terms which disclaim, or limit obligations or liabilities of Asteroid X will also apply, mutatis mutandis, to the officers, directors, members, employees, independent contractors, agents, and affiliates of Asteroid X. The Service and all materials and content (including user content) available through the service are provided “as is” and on an “as available” basis. Asteroid X disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content (including user content) available through the service, including: any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and any warranty arising out of course of dealing, usage, or trade. Asteroid X does not warrant that the Service or any portion of the Service, or any materials or content (including user content) offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Asteroid X does not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Service or Asteroid X entities or any materials or content available through the service will create any warranty regarding any of Asteroid X entities or the Service that is not expressly stated in these terms. We are not responsible for any damage that may result from the Service and your purchase, sale or transfer of any NFTs or dealing with any other user. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of data, including user content. To the fullest extent permitted by law, in no event will Asteroid X entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Asteroid X entity has been informed of the possibility of damage. Except as provided in sections 14.5 and 14.6 and to the fullest extent permitted by law, the aggregate liability of Asteroid X entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: the amount you have paid to Asteroid X for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim; or the sum of US$100. You acknowledge and agree that the restraints in this Section 12 are reasonable and necessary to protect the Company’s legitimate business interests, including the preservation of its business and its Confidential Information. The limitations, exclusions and disclaimers set forth in this section 12 apply to the fullest extent permitted by law. You acknowledge and voluntarily assume responsibility of all risks set out in this Section 12.

INDEMNITY

To the fullest extent permitted by law, you are responsible for your use of the Service occurring through your Account, and you will defend and indemnify Asteroid X, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Asteroid X Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: your unauthorised use of, or misuse of, the Service; your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those claims.

DISPUTE RESOLUTION

Generally

In the interest of resolving any disputes between you and Asteroid X in the most expedient and cost-effective manner, and except as described in Section 14.2 and 14.3, you and Asteroid X agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms and the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and the Service. You understand and agree that, by entering into these terms, you and Asteroid X are each waiving the right to a trial by jury or to participate in a class action. Limited Survival Period for Dispute. Any dispute you may have in connection with the Service or any of the other matters contemplated by these Terms will survive for the shorter of, and may be brought against Asteroid X solely prior to: the expiration of the statute of limitations applicable thereto; and the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose. Arbitrator Any arbitration between you and Asteroid X will be settled by an arbitrator and at a forum nominated by Asteroid X applying the applicable laws as outlined in these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Notice of Arbitration: Process Asteroid X will provide notice to you in relation to any arbitration processes that apply to you. Fees Each party to bear their own costs for arbitration processes between you and Asteroid X. No Class Actions You and Asteroid X agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Asteroid X agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision If Asteroid X makes any future change to this arbitration provision, other than a change to Asteroid X’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Asteroid X’s address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

SEVERABILITY

If any Term is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

TAXATION

You are solely responsible for assessing all Taxes owed, if any, for your use of the Service, including, but not limited to, tax liabilities associated with any sales of your NFTs. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required to collect and remit to governmental agencies, and other similar municipal, state, federal, national or other withholding and personal or corporate income taxes.

MISCELLEANOUS

General Terms

These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Asteroid X regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Governing law. These Terms and the Services are governed by the laws of the British Virgin Islands without regard to conflict of law principles. You and Asteroid X submit to the personal and exclusive jurisdiction of the courts of the British Virgin Islands for resolution of any lawsuit or court proceedings permitted under these Terms. Privacy Policy. Please read the Asteroid X’s Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Asteroid X Privacy Policy is incorporated by this reference into, and made a part of, these Terms. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. Waiver Asteroid X’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Entire Agreement The Terms constitutes the entire agreement between the Asteroid X and you and supersedes all oral and written communications. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Contact Information. You may contact us by sending correspondence to that address or by emailing us at [e-mail]