Terms and Conditions

      ownership   |  personal use   |   limitations of liability

 

1. Daqin Saga is a global, creative brand and a community created by Daqin Saga Limited (“We”, “Us” or “Our”) of which you will be part of.
    

2. Daqin Saga is our genesis collection of characters minted into collectable blockchain-based digital assets (Daqin Saga NFTs). By acquiring Daqin Saga NFT from any market or platform, you agree to be bound by these terms and conditions (Terms).
    

3. The Terms are a binding agreement entered into between Us and You. When you acquire a Daqin Saga NFT, you own all personal property rights to the token underlying the Daqin Saga NFT (e.g., the right to freely sell, transfer, or display the Daqin Saga NFT), but you do not own the associated artwork, brand, or other intellectual property associated with that Daqin Saga NFT, except for the specific licensed rights set forth below.
   
   OWNERSHIP

4. We own all rights, trademarks, service marks, including copyright, in the artistic work associated with each character (the Daqin Saga Character) released by Us. To be clear, the Daqin Saga Character is about the appearance of the character itself, both within the media displayed with the Daqin Saga NFT and any additional formats which We may make accessible, including but not limited to 2D conceptual designs or 3D designs. 
    

5. You do not own any of the other works of authorship which may be included in the Daqin Saga collection such as music, sound recording, animation or other artistic works which could be featured in Our NFT collection.
    

6. When you buy a Daqin Saga NFT none of the rights are transferred to You, we retain them. Instead, We grant you the limited rights; non-commercial, non-exclusive and personal use rights only as it is outlined in the Terms.  
    

7. We do not grant you any rights to copy any of the other works of authorship mentioned above, other than to use your Daqin Saga NFT for your non-commercial, personal use.
    

8. You will not acquire any rights to any of our trade marks, including the Daqins Saga or any future NFT collection released by Us, word marks or the Daqin Saga logo mark (together, the Daqin Saga trademarks) other than as expressly set out in these Terms. You may not use the Daqin Saga trademarks on any product or content (whether physical, virtual or digital). You may not use the Daqin Saga trademarks in connection with any business, product, content or service you provide (directly or indirectly), or in any manner that may imply that we endorse them, or that is likely to cause confusion or dilute, blur or diminish the value of the Daqin Saga brand.
    

9. Nothing in these Terms gives you any rights to any other trademarks and intellectual properties belonging to Daqin Saga Limited including without limitations, to Daqin Saga and the associated logos. All these are expressly reserved in the name of Daqin Saga Limited.
    

10. We, as the owner of the copyright and all underlying rights in the Daqin Saga Characters may also decide to modify or develop further any Daqin Saga Character. This may result in new or derivative works. We reserve the rights to create any new and derivative works based on Daqin Saga Characters and retain all rights.
    
    PERSONAL USE

11. Subject to your continued compliance with the Terms, we grant you a non-exclusive, worldwide, personal royalty-free license to: use, copy, sell and display the purchased NFT, along with any extensions that you choose to use, solely for the following purposes:
     

    1. for your own personal, non-commercial use;

    2. as part of a marketplace that permits the purchase and sale of your Daqin Saga NFT, provided that the marketplace cryptographically verifies each Daqin Saga NFTs owner’s rights to display the Art for their Daqin Saga NFTs to ensure that only the actual owner can display the Art; or

    3. as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each Daqin Saga NFT owner’s rights to display the Art for their Daqin Saga to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Daqin Saga NFT leaves the website/application.
        

12. You will comply with any marketing guidelines or policy We may issue and/or update and provide to you or post on our Website from time to time.
    
    LIMITATIONS OF LIABILITY

13. You are solely responsible for the safety and management of your private wallets and validating all transactions and contracts generated by our Website before approval. Furthermore, as the Daqin Saga smart contracts run on blockchain networks and are therefore bound by its immutability, there is no ability to undo, reverse, or restore any transactions, i.e. we are unable to offer refunds on any transactions.
     

14. You indemnify and hold Us and our employees, and contractors, harmless from and against any and all claims, losses, liabilities, damages, expenses and costs (including reasonable lawyers’ fees) arising from your breach or alleged breach of these Terms.
     

15. We make Daqin Saga NFTs Available “As Is”, “Where Is”. To The Extent Permissible By Law, Except As Expressly Stated In These Terms, We Do Not Make Any Representations Or Warranties Of Any Kind And Explicitly Disclaims All Other Representations And Warranties Of Any Kind, Whether Express, Implied, Written, Oral Or Statutory, Including Any Implied Warranties As To Availability, Merchantability And Fitness For A Particular Purpose.
     

16. You will not hold Us responsible for any damage or loss you may incur as a consequence of purchasing, buying, using or selling your Daqin Saga NFT whether due to Internet connection issues, demand outstripping supply, or any other problems we cannot control. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of your Daqin Saga NFT due to website or smart contract bugs.
     

17. We will not be liable for any indirect, incidental, consequential, or other non-direct damages of any kind or for any special, additional or similar damages.
     

18. Our maximum aggregate liability for all damages caused, whether in contract, tort (including negligence) or otherwise in any given 12 months period is (NZ) $100.
     

19. To the extent that you sell your Daqin Saga NFT, please be aware that the prices of NFTs are volatile and fluctuations in the prices of other NFTs may impact the price of your Daqin Saga NFT both positively and negatively. Given the volatility, NFTs such as Dawin Saga NFT’s should not be considered an investment. You assume all risks in that connection.
     

20. ​​You are entirely responsible for any tax liability which may arise from purchasing or reselling your Daqin Saga NFT.
     

21. Daqin Saga site is for adults only. You must be 18 or, have reached the age of majority in your jurisdiction, if that age is greater than 18, to access our site and purchase Daqin Saga NFT.
     

22. We are fully committed to the Daqin Saga brand and will continually develop it and grow the community. However, sometimes things happen and we cannot make any guarantees as to our continued existence nor can we guarantee any further developments. By purchasing a Daqin Saga NFT, you agree that you are not relying on any future commitments by Us.
     

23. You may not, and may not allow any third party to upload or display Daqin Saga NFTs you own that:

    1. promotes any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content  

    2. distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of destructive or deceptive nature 

    3. engage in, promote, or encourage illegal activity 

    4. impersonate another person
        

24. You may not assign or transfer any of your rights and obligations under these Terms.
     

25. These Terms are governed by the laws of New Zealand. In case of a dispute with Us, whether it relates to these Terms, a Daqin Saga NFT in any way, legal proceedings must be brought exclusively before the New Zealand courts.
     

26. If any provision of these Terms or its application is or becomes invalid or unenforceable to any extent, the remainder of these Terms and its application will not be affected and remain enforceable.
     

27. No failure or delay by Us to exercise any right or remedy under this Agreement will be treated as a waiver of such right or remedy.