HB Wallet NFT Market Terms of Use

These terms and conditions(" Terms " or “Terms of Use”) refer to the various services("the Service") provided by bacoor Inc.(“the Company” or "we" or "us" or "our") in the “HB Wallet NFT Market” operated by the Company. Terms of Use is used to define the terms and conditions when you("User") use the Service.

Article 1 Content and our role

The Service is NFT market service. It provides a place and opportunity for NFT trading between users. With regard to the sales contract between users, the guarantee of exhibitions, purchases, etc., it is the responsibility of the user, and not ours. Also, we are not commissioned to buy or sell. Our company does not participate in the execution of transactions such as cancellation of sales contract, mistake of exhibition and transmission, cancellation, return, refund, guarantee unless otherwise specified in this agreement.

Article 2 Conditions

Users shall use the Service provided they agree to all the conditions of the Terms of Use. The Service is provided by a smartphone application and may be by other forms. The user's consent to the Terms of Use for one of the Service shall be valid for the use of the Service through the other provisions.

Article 3 Changes to Terms

We may change the content of Terms from time to time by posting it to the appropriate place in the website or application operated by our company, if necessary. If, after the modification of the Terms, the User uses the Service, the User is deemed to have consented to the modification of the Terms. We do not take any responsibility for all damages caused to the user by the revision or change of these terms.

Article 4 Management of Accounts etc.

1. The user shall not have his / her third party use or share his / her terminal equipment, account, private key and password (hereinafter collectively referred to as "Account etc.") with a third party. We do not manage your terminal equipment and private key.

2. In using the Service, the User shall be responsible for managing his / her Account etc. and shall bear all responsibility for the conduct done using his / her Account etc.

3. We regard as an act by the user who have been granted the account or manage the private key, regardless of who the actual user is, with respect to the actions taken using the user's own account or private key.

4. We are not responsible for the breakdown or loss of the terminal equipment used by the user, malware from third parties, spyware, viruses, attacks by hacking / cracking, etc., improper management of accounts and errors in use, or third parties. Even if the user suffers a loss including loss of crypto-currency in the wallet or damage due to the use of an Account etc., it does not take any responsibility.

5. We have found that the user may lose or forget their account etc., which may cause a disadvantage to the user (crypto-assets in the wallet, all other states realized in the service, and blockchains related to the service). We do not take any responsibility for the loss of the above information.

6. If the user lacks any of the user's terminal equipment, private key and password, the user will not be able to use the wallet, and we will not be able to provide any remedy for the wallet. I understand in advance that it is not possible.

Article 5 Charged Services

1. We may provide paid services to users for the Service. We may set fees and other costs for conduct between users as part of a paid service.

2. Users may use the paid services and pay to us only by the price and payment method that we set.

3. If there is a payment dispute between the user and a third party other than the Company, the user shall settle the dispute with the third party. We do not take any responsibility.

4. We will not refund the paid services you use, unless we have specified otherwise.

5. We may post the terms of purchase, payment and use of the paid service in the Service or any other location where the Service can be referenced. The user shall purchase, pay and use paid services in accordance with the description, if any.

Article 6 NFT listing and escrow transmission

1. Exhibition procedure, etc.

An exhibitor shall exhibit NFT in accordance with our prescribed procedures.

2. Description of NFT, etc.

The user should not make an exhibition without intention of selling really when selling NFT.

3. Violation of the terms and conditions of the listing

If we judge that a particular listing violates the Terms or is inappropriate for a reasonable reason, we will cancel the listing or any purchase activity that has occurred for that listing at our discretion. We shall not be liable for any damages caused to users by the measures under this paragraph.

4. Our Disclaimer

(1) We will not be liable for any damages caused to users and third parties by the use of user listings and escrow transmissions.

(2) If one year has passed since the user exhibited, the deposit paid by the user to us can be confiscated at our discretion. 

Article 7 Purchase of NFT

1. Purchase procedure

The user shall place an order with the intention of purchase according to the procedure defined by our company.

2. Our Disclaimer

Our company shall not be liable for any damage incurred by users or any third parties resulting from the order or purchase made by users.

Article 8 Usage fee, etc.

1. Usage fee, etc.

In the case of an NFT, the seller pays to us the fee for the Service, which is the rate defined by the company for the NFT selling price. The fee for each NFT is displayed when the seller sets the selling price.

Article 9: Burden of expenses

1. The cost of purchasing, installing, and maintaining equipment, software, communication charges such as data usage charges, electricity charges and any other expenses required for using this service are the responsibility of the user.

2. Although we may provide a recommended environment regarding the usage of the Service, we will not bear any maintenance and expenses for the environment.

Article 10 Change of the Service, cancellation, termination

1. The Company may, at any time, for any reason, change the content of the Service or cancel or terminate the provision of the Service without giving prior notice to the User.

2. The Company may discontinue or terminate the provision of the Service temporarily or for a long time without notifying the user in advance if any of the following events occur.

(1) The service can not be provided due to natural disasters such as earthquakes, tsunamis, typhoons, thunder, heavy rains, floods, fires, blackouts and other unforeseen accidents, wars, disputes, disturbances, uprisings, labor disputes, etc..

(2) When the Service can not be provided due to regular or urgent maintenance of the system etc. required to provide this service, network line congestion, or a failure of a provider.

(3) In addition to the items listed in the preceding item, if the Company has determined that it is necessary to discontinue or terminate the provision of the Service due to business or technical reasons.

3. The Company shall not be liable for any damages caused to the user due to the change, cancellation or termination of the Service under this Article.

Article 11 Non-guarantee and Disclaimer

1. Non-guaranteed content

We do not guarantee the content, quality and level, the stable provision of the Service, and the results from the use of the Service.

2. Our Disclaimer

In the event of damage to the user and third parties due to inaccurate, inappropriate or unclear content, expressions, or acts, etc. in the provision of the Service, we will not be liable for the damage, regardless of intention or negligence. 

3. Non-guarantee of advice etc.

We may provide information and advice to users etc. from time to time, but we are not responsible for them. In addition, we do not guarantee the accuracy or usefulness of the advice and information provided.

4. Non-warranty about computer virus etc.

There is no guarantee that the content related to the Service does not contain harmful things such as computer viruses. The Company shall not be liable to the user or any third party for any damage caused by harmful contents such as computer virus contained in the content related to this service.

5. Disclaimer regarding equipment etc.

We assume no responsibility for any damage caused to the user or third party by the equipment, communication line, software, etc. used by the user.

6. Disclaimer regarding communication failure

We will not be liable for any failure in accessing the Service, any failure or error in a user's computer, occurrence of a bug, or any failure in a computer, system or communication line related to the Service.

7. Disclaimer regarding other websites

We shall not be liable for any damage caused by the website or other link destination such as the URL written by the user.

8. User Information Management Disclaimer
If a user loses the information of his/her own private key, the deposit will be extinguished and we will not be liable for the loss.

Article 12 Compensation for Damages

1. User's Responsibility and Our Disclaimer

If a user violates the Terms of Use, regardless of whether it is intentional or negligent, the user shall bear all responsibility, including liability for damages to the user and third parties who have been damaged by the violation. If the Company suffers damage as a result of the user performing such a violation, the related parties shall jointly and severally redress the damage.

2. Our liability for damages

We will not be liable for any damages users  suffer in connection with the Service, such as suspension, termination or modification of provision of the Service by us, cancellation of user registration, deletion or loss of content, loss of data due to use of the Service, malfunction of equipment, etc. 

Article 13 General Terms

1. Notification

1) Notices or communications from the Company to users regarding the Service shall be made by posting on appropriate sites within the website or application operated by the Company, or by a method that the Company deems appropriate.

2) If the user needs to notify, contact or inquire to us, he / she will use the inquiry form of the Service and can not make a call or visit. We shall be able to confirm the identity of the user in the manner prescribed by us upon such communication or inquiry. In addition, with regard to the method of answering inquiries, we can use the answering methods that we consider appropriate, and the user can not decide the answering method.

2. Business transfer

In the case where we transfer the business related to the Service to a third party including the case of business transfer, company split or any other transfer by the subject of the Service, we will transfer the contracting status of the user based on the Terms, the rights and obligations based on the Terms, and the information and other information registered with the user registration to the assignee of the business, and the user shall agree in advance.

3. Separability

Even if any of the Terms of Use or part of it is determined to be invalid by law, etc., the remaining conditions of the Terms of Use and the remaining parts of the conditions determined to be partially invalid continue. And to the extent necessary to make the invalidated clause or part thereof effective, the invalidated clause or part of it shall be revised and interpreted to ensure the same effect legally and economically to the fullest.

4. Matters not stipulated

If there is any doubt about matters not stipulated in the Terms or the interpretation of the Terms, the user shall be in accordance with the provisions of the Company. If this does not solve the problem, we and the user shall promptly resolve after consultation in accordance with the principle of good faith.

Article 14 Validity of the Terms of Use

1. Even if some of the terms of the Terms of Use are deemed invalid based on laws and regulations, they do not affect the effectiveness of the other terms.

2. Among the Terms of Use, those that are judged invalid or canceled in relation to a user with certain provisions do not affect the effectiveness with other users.

Enacted on May 10, 2019

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