Terms and Conditions

By using this website (hereinafter to be known as "Site" or "Platform") located at myW3.com and by registering for an account to use our platform and services (hereinafter to be known as “Services”), you (also known as “you”, “your”, “yourself”, or “User”) agree to accept and comply with the terms and conditions of use as stated below (hereinafter to be known as “Terms”). Please ensure that you have read the entire Terms document carefully before you use this Site or any of the Services provided on this Site.

You are currently accessing myW3 and its affiliates (hereinafter, “myW3”, “the Company”, “we”, “us” or “our”), including without limitation thereby, its owners, directors, investors, employees, or other related parties. Depending upon the context, myW3 may also refer to the Products, Services, Site, Content, or other materials (collectively known as “Materials”) provided by myW3.

These Terms govern your access to and use of the myW3 website(s), our APIs, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services on our site, to build NFT websites, create NFTs, join NFT whitelists, mint NFTs, list or trade NFTs at NFT marketplaces and use our tools and services, at your own discretion (collectively known as “Services”). “NFT” in these Terms refers to 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.

Your usage of the Site and its accompanying Services indicates that you have read, acknowledged and agreed to be bound by these Terms, along with any and all applicable service agreements and policies. You may be subjected to separately announced Terms, regulations or disclaimers by myW3, depending on the nature of each specific service, and the above-mentioned shall be part of these Terms.

IF YOU DO NOT ACCEPT THE TERMS OF USE AND CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT ACCESS THIS SITE AND DO NOT USE THIS SERVICE.

By opening an account (hereinafter known as "Account") to use the Services, you expressly represent and warrant that:

  1. You have accepted these Terms; and

  2. You are at least 18 years of age at the time of accessing the Site and have the full capacity to accept the terms stated in this document;

  3. If you are under 18 years of age or without capacity, you represent that your legal guardian has read, understood and agreed to these Terms and any subsequent modifications or changes thereto.

  1. Disclaimer

    You expressly understand and agree that the following provisions:

    1. the Services may be interrupted or malfunctioned, or may cause inconvenience, loss of data, errors, tempering or other financial losses to you and you are advised to take precautionary measures when using the Services;

    2. myW3 shall not be liable for any damages or losses resulting from your use of or inability to use the Services unless caused by the intentional infringement or gross negligence of myW3;

    3. You may not claim to myW3 that any data, goods, services or other information purchased/obtained through the Site does not meet the requirements, expectations or have defects;

    4. Due to the nature of internet transmissions, myW3 is unable to warrant the accuracy and timeliness of transactions conducted through the Site, nor do we warrant that the service will be available, uninterrupted, safe and secure at all times;

    5. No information nor advice obtained from or through the Site shall constitute a warranty by myW3;

    6. myW3 will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from the breach of these Terms;

    7. We make no promise that myW3 is compatible with all devices and operating systems. It is your responsibility to configure your information technology, devices, software and computer programs in order to access myW3;

    8. We are not liable for the availability or error of the internet and connections, device or other equipment, or software that may occur with your use of myW3;

    9. Despite the efforts and measures we take, we make no promise that myW3 is secure and free from bugs and viruses;

    10. You are advised to log out from your account upon the end of your browsing of the website to ensure the security of your personal information. myW3 will not be liable for any lost, stolen, or compromised User accounts, passwords, or email accounts.

  2. Our Rights
    1. We have the right to suspend or terminate your Account or use of all or part of the Services without notice in cases where you violate any of these Terms;

    2. You may request for review of our decision to suspend your access to our website. Following our investigation, we may take action we deem appropriate regarding the non-compliance or unlawfulness of relevant violations, which may include restoring access to the Account or Services or permanently removing or disabling access to the Account or Services without your prior consent and notice. You agree to promptly provide us with all the requested information to aid our investigation. We will carry out the investigation in good faith. However, any loss suffered by you arising from the suspension of access to your Account or the Services will not be our responsibility;

    3. We may terminate your agreement with us or your access to myW3 at any time and without prior notice due to reasons such as the breach, an attempt to breach, or a deemed threat to any parts of our Terms that may cause serious consequences to myW3 or other Users. We may also terminate your agreement or access to myW3 without prior notice due to actions that may cause a loss or harm to the reputation of myW3;

    4. Upon suspension or termination of your account, we may deal with your Account in any appropriate manner in accordance with our Terms and Privacy Policy and/or any applicable law, which may include deleting your Account;

    5. We reserve the right to investigate and cooperate with law enforcement agencies regarding any suspected or alleged misuse, abuse, or unlawful use of myW3. During such investigations, we can disclose any information or records in our possession or control your use of myW3 to protect our rights or legal interests, or in response to any legal processes;

    6. The legal responsibility of all information, data, text, software, music, audio, photos, graphics, video or other materials posted publicly or transmitted privately by myW3 users ("User Content") shall be borne by its provider. myW3 shall not be responsible for any warranty or indemnity, including but not limited to any errors, omissions, losses or damages resulting from the posting, or transmitting of the User Content;

    7. Any and all anonymised data relating to your use of myW3 is under the sole and exclusive ownership of myW3 and may be used for commercial, development, research and other purposes;

    8. Any materials uploaded, transmitted, input or provided to us are created or legally authorised by you, and that upon such actions, we have the right to use, modify, reproduce, publicly broadcast, adapt, distribute, rent, publicly transmit, publicly publish or otherwise exploit such materials worldwide without compensation and in perpetuity, and holds the right to sublicence the foregoing rights to others. The above-mentioned use of your materials will not infringe the intellectual property rights of any third party. Otherwise, you shall be responsible for all damages incurred by myW3 (including, but not limited to, the litigation costs and attorney's fees);

    9. myW3 may preserve or disclose the user's conduct of this Site for reasons such as, to comply with the provisions of the laws, to enforce the Terms, to comply with third party requests to prevent or remove any infringement or damage with relevant evidence, or any other circumstances to protect the life, body, and property of myW3, its users and the general public;

    10. If you are a user outside the jurisdiction of the Hong Kong Special Administrative Region (SAR), you shall comply with the laws of your country or region and shall not use the Services in any unlawful manner or for any unlawful purpose, nor shall you use the Services to infringe the rights of others or to commit illegal or criminal acts. Upon any violations of the above mentioned, myW3 holds the right to terminate your use of the Services at any time.

  3. Accessibility

    We may update, upgrade or make changes to myW3 in terms of services, functions, business practices, security or other operational reasons. We do not guarantee that myW3, or any of its Services and Materials, will be available or accessible at all times without interruption. The availability of all or any part of myW3 might be suspended, withdrawn or restricted for the above reasons mentioned or other reasons we deem necessary.

  4. Registration

    To access the Site and Services of myW3, you must first register and create a User account on myW3. To register as a User:

    1. If the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are required to be old enough to be legally bound by a contract with us under the laws of the country or State/province according to where you live; and

    2. You must be permitted by the laws of the country or State/province according to where you are located to join myW3 and to use any Services provided by it;

    3. You are required to provide such other information or verification records as we require.

    When you register with and use myW3, you commit the following to us:

    1. If you had previously owned an account with myW3, you confirm that your old account was not terminated or suspended by us due to violations of any of our terms or policies;

    2. You ensure that all information submitted by you to us is truthful, accurate and complete;

    3. You will give prompt updates on any of the information submitted by you to us as and when there are any changes;

    4. You consent to receiving communications from us in any form, and to the processing of your personal data (refer to our Privacy Policy);

    5. You will keep your account/login details confidential and secure, which includes user details, passwords and any other information that forms part of our security procedures, which you will not disclose to anyone else of such details. You will contact us through our website promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security;

    6. You are responsible for all the activities on your account even if, contrary to the Terms, someone else uses your account;

    7. Your use of myW3 implies that you will comply in full with these Terms and Conditions.

  5. Intellectual Property Disclaimer
    1. All rights in and to myW3 including but not limited to its contents, features and materials which include artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code, applications, audio, music, video, designs, animations, other media, interfaces, documentation, derivatives, algorithms, data, interactive features and objects, tools, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers (collectively known as “Intellectual Property”) are owned by myW3 and/or our licensors and may be subject to intellectual property rights and laws. You shall be liable for any breach thereof and all damages incurred by myW3 or the other rights holders of the intellectual property rights;

    2. You understand and acknowledge that you are not allowed to trademark or apply to trademark any of the products, to use or associate the product or myW3 with images containing elements of hatred, violence, inappropriate behaviours, illegal activities, or use the service marks of myW3 in any way without the prior written consent of myW3.

    3. You may download the content on this website only for your personal or non-commercial fair use.

    4. Subject to the full compliance with the Terms and on-time payment of all relevant Fees by you, myW3 grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited licence to use the Services and Materials for the purpose of building a website to offer or display your user products to end-users, solely and expressly permitted under our Terms and within our Services.

  6. Cookies
    1. Cookies are used for tracking your activities on the website for myW3 to collect and analyse data for the purpose of improving our Services;

    2. myW3 will set and use cookies on devices that you use to browse the Site. myW3 also allows third parties on the Site to set access cookies through your devices, subject to their respective terms and privacy policy;

    3. Note that if you do not wish to accept cookies set by myW3, you may block the cookies through your web browser, but this may limit your access to the Services.

  7. Third Party Services and External Links
    1. myW3 makes no representations whatsoever about any other site which you may access through this Site. The Site may provide links or other forms of reference to other websites or resources ("External Sites") over which we do not have control;

    2. Any concerns regarding such linked services or sources should be directed to the particular service or resource provider. By using the Site and Services, you agree to comply with the terms of use associated with such third party service providers.

    3. myW3 is not responsible for the availability, accuracy, timeliness, validity, legality, security or completeness of services and content provided by these third party and External Sites, including opinions, advice, statements, prices, activities, and listings;

    4. Your use of various cryptocurrency electronic wallets ("E-Wallets") on this Site will be governed by the E-Wallet service providers' respective terms and conditions of use, privacy policy and related regulations;

    5. The trademark and other rights in such links remain with the respective rights holders and myW3 does not authorise you to make use of such rights;

    6. You acknowledge and understand that you shall bear all risks associated with the use of such third party and External Sites, including its content and services;

    7. You understand and agree that myW3 may at any time cooperate with artists, other companies, vendors or third parties to provide content for publication by myW3. To respect the intellectual property rights of such content providers, myW3 is not obligated to review or modify the content, nor does myW3 bear any responsibility for such content.

  8. Fees and Payment

    Certain Services may be subject to payment or fees. If you wish to receive or use such Services, you are required to pay all applicable fees as determined and on time. Payment involving third party services might incur additional fees, costs or taxes, all of which are not under the responsibility of myW3. You are recommended to verify the existence of any additional fees that may be charged by such third party services.

  9. Subscription and Auto-Renewals

    myW3 reserves the right to change its fees at any time and you will be notified of such changes should they affect your existing subscriptions. To avoid any interruption or loss of services, your subscription to our Services has an automatic renewal option enabled by default. You may disable or re-enable the automatic renewal option at any time. When enabled, your subscriptions will be automatically renewed upon the end of the applicable subscription period. For renewals, payment will be automatically made via the payment method set by you. In cases where we fail to make the payments, we may try again at a later time or suspend/cancel your User account. By using the Site and Services, you acknowledge and agree to the auto-renewal of subscription plans in accordance with the terms mentioned.

  10. Assumption of Risk and Release

    By using our Services, you expressly acknowledge and agree to the following:

    1. The value of an NFT is subjective as it is subject to price volatility and fluctuations. The price of cryptocurrencies can also materially and adversely affect NFT prices. You acknowledge that you fully understand and acknowledge the risks related to NFTs.

    2. The creation and development of distributed ecosystems can be negatively impacted by the lack of use or public interest in this respective field. Simultaneously, this could also affect the development of related applications which in turn, affects the potential utility of NFTs as well.

    3. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items holds uncertainties and the emergence of new regulations or policies may materially and adversely impact the utility of NFTs and the development of our Services.

    4. Any determination of applicable taxes shall be your sole responsibility. myW3 will not be responsible for determining the taxes (if any) that apply to your transactions or NFTs.

    5. Risks associated with third-party purchases or peer-to-peer (P2P) transactions include but are not limited to, the risk of buying counterfeit items, mislabeled items, items vulnerable to digital decay, items on smart contracts with bugs or untransferable items. You acknowledge and warrant that you have carried out sufficient research and hold sufficient understanding before selling, obtaining, transferring, or otherwise interacting with NFTs.

    6. NFTs are largely related to blockchains and we do not have control over such public blockchains including their smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Blockchain transactions are also irreversible and we do not have the control or ability to reverse such transactions.

    7. Risks associated with using the internet and blockchain-based products include, but are not limited to, risks associated with hardware, software, internet connections, malware introductions and unauthorised third-party access to your third-party wallet or User Account. You acknowledge and accept that myW3 will not be liable for any communication failures, disruptions, errors, distortions or delays experienced from the use of our Services or any blockchain networks.

    8. The access to and use of our Services provided by third party platforms or vendors may be changed or removed at our discretion due to reasons such as the inability to maintain a good relationship, changes in their pricing or terms and conditions, violations or incompliance with their terms and conditions or when their market share falls out of favour or is unavailable for a prolonged period.

    9. myW3 reserves the right to hide collections, contracts or items affected by relevant issues and your purchased items may become inaccessible. The inability to view items or use the Service in conjunction with the purchase, sale or transfer of items available on any blockchains will not serve as grounds for a claim against myW3.

    10. The Platform shall not be liable for any disputes among users. You agree to release us from claims, demands, and damages of every kind nature, known and unknown, arising out of or in any way related to such disputes. You also expressly waive any protections which would otherwise limit the coverage of this release to include those claims that you may be aware of or suspect to exist in your favour at the time of your agreement to this release.

  11. Limitation of Liability

    You understand and agree that you are personally responsible for your behaviour on this Website. You agree to indemnify, defend and hold harmless intentions to myW3, its parent companies, subsidiaries, affiliated companies, licensors, directors, employees, agents and any third party information providers to this Site from and against all claims and losses as a result of or incidental to your use or misuse of this Website and any contents thereon. Nothing in these terms shall exclude or limit our liability for losses that may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    Subject to the paragraph above, we shall not be liable to you for the following:

    1. Loss of profits (whether incurred directly or indirectly);

    2. Loss of goodwill;

    3. Loss of opportunity;

    4. Loss of reputation;

    5. Loss of data or information;

    6. Any indirect or consequential loss or damage;

    7. Any loss or damage caused by a distributed denial-of-service attack ( such as virus, malware, ransomware, or other technologically harmful material) on your device, equipment or software from the use of myW3 and the copying, distribution or reposting of User Content outside of myW3 (by another User or any third party);

    8. Copyright infringement (by another User or any third party);

    9. The disclosure of your identity or publication of your personal information (by another User or any third party without your consent);

    10. Our failure or delay in complying with any parts of the Terms due to events outside our reasonable control.

  12. Modification of Terms or Services

    myW3 reserves the right to change, add or remove portions of these Terms or the Services, at any time without notice, in an exercise of its sole discretion. Once any updated Terms or Services are in effect, you understand and agree that myW3 shall not be liable for any such changes. If you continue to use myW3 and any of the Services, you will be bound by the Terms.

  13. Governing Law & Jurisdiction

    These Terms will be governed by and construed in accordance with the laws and regulations of the Hong Kong Special Administrative Region (SAR), and you submit to the non-exclusive jurisdiction of the state and federal courts chosen by myW3 for the resolution of any disputes.

  14. Contact Us

    Please contact us through our website for further assistance if you have any questions, comments, or concerns regarding our Terms and Conditions and/or Services related to the Platform.

Last Reviewed: 7th June 2022