HealthBase Service Agreement
Welcome to HealthBase!
The HealthBase Service Agreement governs your access to and use of our official website or any of our related websites, application programming interfaces, mobile applications or other related services, content, information, etc. This includes, but is not limited to, HealthBase logos, trademarks, icons, service names, taglines, meta tags, items, NFTs, text, links, files, graphics, photos, images, videos, designs, data, sound files, integrations, features, functionality, etc.
This Service Agreement is a contract between you and us regarding HealthBase products and services, etc. By clicking on any "I agree to the HealthBase Privacy Policy and Service Agreement" button or using our services (including, but not limited to, connecting your supported digital wallet to the Site, purchasing NFT Services, etc.), this Agreement constitutes a legal document binding on both parties. If you do not agree to this Agreement or any of its contents, you shall immediately cease using the Site and related services, cease connecting your supported digital wallet or purchasing any NFTs on the Site, and if you use the Site Services, your use will be deemed to be an acceptance of this Agreement in its entirety.
You represent and warrant that:
(a) You are at least eighteen (18) years of age and have all the rights, powers and authority to agree to the Agreement;
(b) If you are under eighteen years of age or do not have all of the rights, powers and authority to agree to this Agreement, then you have read the Agreement with your guardian, you and your guardian understand this Agreement, and you agree or your guardian agrees on your behalf to this Agreement.
HealthBase Statement:
We reserve the right to change or modify any Agreement at any time in our sole discretion, and to provide notice of such changes to all users on the Site. We encourage you to review the Agreement frequently to ensure that you are aware of the agreements and amendments that apply when accessing or using the Site or Services. If you do not agree to the revised Agreement, you should discontinue accessing or using the Site and Services.
This Service Agreement will help you understand the following
I. Definitions
II. Services
III. Specific representations, warranties and covenants
IV. assume the risks associated with NFT
V. Transactions
VI. Suspension or termination of services
VII. Acceptable use policies and enforcement rights
VIII. Liability
IX. Indemnification
X. Third-party services, third-party terms
XI. Assignment and authorization
XII. Severability
XIII. Complete agreement
XIV. Waiver
XV. Notices and communications
XVI. Third Party Rights
XVII. Applicable Law
XVIII. Dispute Resolution
I. Definition
In the Agreement, "Applicable Law" means any law, rule, decree, subordinate legislation, statute, charter, regulation, agreement, code, guide, treaty, policy, notice, instruction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive or other requirement or guideline issued or in force at any time that applies to or is intended to govern or regulate any person (including all parties to the Agreement), property, transaction, activity, event guidance that applies to or is intended to govern or regulate any person (including all parties to the Agreement), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guidance issued by any governmental or regulatory body.
"Blockchain" means the decentralized database that records NFT.
"Creators" means any of our affiliates and other third parties, artists, creators or holders of intellectual property.
"Item" means any audio or visual material, including, but not limited to, designs, drawings, prints in any form or media, which may be minted as NFT by the creator on the blockchain.
"License Terms" means the license terms associated with the NFT granted to the owner of such NFT.
"Mint" or "Minting" means the creation and deployment of NFTs on the Blockchain.
"NFT" means a unique and irreplaceable token generated by an item minted by the creator.
"Purchase Terms" means the terms associated with the purchase and sale of NFTs.
"Services" means the digital services provided by HealthBase.
"Supported Digital Wallets" means the electronic wallets supported by us (at our sole discretion) that allow you to purchase, store and transact with cryptocurrencies.
II. Services
Marketplace
(1) The Site is a marketplace that allows users to browse and purchase content such as NFT. These services are designed to help you browse, explore and purchase NFTs created by creators and facilitate your interaction with different blockchains regarding this NFT.
(2) The items displayed on the Site are listed or provided by the creators. If you click on a project on the Site, you can obtain more detailed information about that project and the associated creator. You understand and agree that it is your responsibility to verify the authenticity and legitimacy of such items or NFTs listed or provided by any creator. We do not guarantee that any item or NFT visible on the Site will always remain visible or available for casting, purchase or transfer.
(3) You understand and agree that while we provide a marketplace for NFT, we have no responsibility or liability to you or any third party for any claims or damages that may arise from illegal NFT transactions.
Connecting to your supported digital wallet
(1) If you choose to purchase any NFT on the Site, you will need to connect a supported digital wallet to the Services in order to make or receive payments. You understand and agree that your blockchain public key will be publicly visible whenever you make a transaction through the Services.
(2) You may connect multiple supported digital wallets to the Services, but only one supported digital wallet and its contents may be displayed on the Site and used to provide the Services simultaneously (e.g., the supported digital wallet, the "Master Wallet"). You may change the Master Wallet at any time among all Supported Digital Wallets connected to the Service.
(3) Once you submit an order to purchase NFTs, your order will be passed to your Master Wallet, which will complete the transaction and store the associated NFTs on your behalf.
(4) By using our Services, you agree that such transactions are also subject to the relevant terms of service and privacy policy of the relevant supported digital wallet.
(5) You acknowledge and agree that we are not a digital wallet provider, exchange, broker or creditor. We are not a financial institution and we do not provide any licensed financial services, such as investment services, fundraising, fund management, administration of collective investment schemes or investment advice. Any information provided by us should not be considered as financial advice or opinion regarding a course of action. We may ask you to provide additional information or documents at the request of any competent authority or to help us comply with any applicable laws, including but not limited to those relating to anti-money laundering and counter-terrorist financing.
Ownership and License
(1) When you purchase NFTs on the Site, you shall own such NFTs and have the right to sell, display or give away such NFTs in accordance with the relevant terms of purchase, and for items related to NFTs, you will also have a worldwide, perpetual, non-exclusive, transferable, royalty-free license to use and display such items for as long as you own the NFTs, in accordance with the license terms. and only for the following purposes: (1.1) for your personal, non-commercial use; (1.2) for your use of the Services; and (1.3) for your use of third party websites or applications that store or sell such NFTs. You understand and agree to abide by any terms, including the license or payment rights embedded in or included with any NFT you purchase.
(2) Unless otherwise noted, the Site and Content are the exclusive property of HealthBase or our affiliates, licensors, or creators, and you may not copy, imitate, use (whether commercially or otherwise), or take any action inconsistent with such proprietary interests (except pursuant to the Agreement, the Terms of Purchase, or the License Terms). all or part of the Site, Content and Services, and without our prior written consent. We, our affiliates, licensors and creators retain all rights associated with the Site or the Content, including, but not limited to, the exclusive right to create derivative works.
(3) All other copyrights, trademarks, product names and logos associated with and included in the items and NFT on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without permission. We reserve the right to suspend, restrict or terminate your access to the Site or our services if you actually or allegedly infringe anyone's intellectual property rights.
Data Protection and Privacy
(1) You acknowledge that you have read and understood our HealthBase Privacy Policy and understand how we collect, use, disclose and share your personal data and disclose such personal data to our authorized service providers and relevant third parties.
(2) We reserve the right to fulfill our internal requests for your personal data at any time (for example, by requesting relevant original documents), including for fraud prevention or anti-money laundering and counter-terrorism financing purposes.
The Nature of Blockchain
You understand that, given the nature of the blockchain, information and history recorded on the blockchain (e.g., transactions or purchase history involving NFT) is irreversible and losses due to fraud or accidental transactions may be irretrievable.
Unauthorized Access
You agree that you will not buy, sell, rent or lease your access to the Site or Services to any third party without our prior written consent; log in or attempt to log in to access the Site or Services through any unauthorized third party software, integration, application or system.
Taxes
You agree that you are solely responsible for determining and paying the taxes, if any, applicable to your NFT transactions through the Services. We are not responsible for determining the taxes that may apply to your NFT Transactions.
III. specific representations, warranties and covenants
You represent and warrant that your participation in the Agreement, access, use of the Site, and the Services will not result or may result in a violation of any applicable law.
You agree that it is your sole responsibility to maintain the security of your account on the Site and associated supported digital wallet, and accept all risks of unauthorized access to your supported digital wallet. If you discover or suspect any breach of security in connection with the Services or your account, you agree to notify us immediately or you may be held liable for any actions taken with respect to that account. You understand and agree that if there is any dispute regarding an account, we may attempt to understand the information you have provided to us and the information we have in connection with that account based on your ownership of the account. However, we do not represent or warrant the truth or accuracy of any such verification. We will take reasonable steps to process your request in connection with any reported security breach. However, you acknowledge and agree that, except for our gross negligence, we, our affiliates or third party service providers will not be liable for any claims or damages that may arise from such security breaches.
You agree to receive electronic communications from us (for example, notices sent to you about the Services via email or webmail). These communications may include notices about your use of the Services (such as transaction information).
If you agree to this agreement as a guardian, you hereby agree and accept full responsibility for such ward's and this guardian's access to or use of the Services, including all financial charges and legal liability for which he or she may be liable.
IV. Assume the risks associated with NFT
You understand and agree that your access to or use of the Site or Services is subject to certain risks, including but not limited to:
(1) The price and liquidity of blockchain-based assets (including NFT) are highly volatile;
(2) Fluctuations in the prices of other digital assets may have a material adverse effect on the price of NFT;
(3) Legislative and regulatory changes or actions may adversely affect the minting, use, transfer and value of NFT;
(4) NFT is not legal tender and is not backed by any government;
(5) Transactions involving NFT may be irreversible and losses due to fraud or accidental transactions may be irrecoverable.
(6) Transferring any NFT to the wrong digital asset wallet address will result in irreversible loss of that NFT;
(7) The value of the NFT may arise from the continued willingness of market participants to exchange legal tender or digital assets for NFT, and therefore the value of the NFT may be affected by a permanent or total loss of value in the market, and the NFT disappears or becomes illiquid;
(8) NFT are at risk of fraud, forgery, cyber attacks and other technical difficulties that may prevent access to or use of your NFT;
(9) Withdrawal of NFT to digital asset wallets outside the Site is at your own risk.
You understand and agree that you are solely responsible for determining the nature, potential value, applicability and appropriateness of these risks to yourself. We do not provide any advice or recommendations to NFT. You understand and agree that your access to and use of the Site or Services is at your own risk. You understand and agree that we are not responsible for any communication failures, interruptions, errors or distortions that you may encounter in accessing or using the Site, NFT.
V. Transactions
Purchase of NFT
(1) You may use the Services to purchase NFTs created by the creator. We do not guarantee that NFTs purchased through the Services will be transferable on any platform other than its blockchain. You agree to read all terms of purchase and license terms before purchasing an NFT and to contact us and the creator if you have any questions. By purchasing NFT through the Services, you agree and acknowledge that you fully understand and appreciate all relevant purchase terms and license terms. If you are not satisfied with any of the terms of purchase, please do not purchase such NFTs.
(2) You understand that you may need to click on the relevant third party link to find the relevant NFT purchase terms and license terms, and that you are solely responsible for reviewing all such purchase terms and license terms.
(3) By purchasing NFTs through the Services, you represent and warrant that you own or have acquired all necessary title, right, interest, license, approval, consent, permission, power or authority to purchase such NFTs.
Fees and Payment
(1) You understand and agree that your transactions on the Site may be subject to certain fees and related charges, if any, and that you will be solely responsible for paying all such fees for any transactions you conduct.
(2) We will not be liable to you or any third party for any claims or damages that may arise from any payment or transaction you make through the Services or any other payment or transaction you make through the Services.
(3) You understand and agree that you are responsible for any content or materials you submit or contribute, and that you, and not we, own full responsibility for such content or materials, including their legality, reliability, accuracy and appropriateness.
Notwithstanding anything contained in the Agreement, we reserve the right, in our sole discretion, to modify, suspend or terminate the Service or any feature or portion thereof at any time, whether temporarily or permanently, with or without notice to you in our absolute and sole discretion.
You acknowledge and agree that we shall have no liability or obligation to you in the event of suspension or termination of the Services, and that you shall not be entitled to any refund of any amounts you have paid to us to the fullest extent permitted by applicable law.
You hereby further release and waive every past, present and future dispute, claim, demand, right, obligation, liability, action and cause of action of every nature (including personal injury, death and property damage) arising directly or indirectly from, directly or indirectly related to the Services.
VII. Acceptable use policies and enforcement rights
Acceptable Use Policy
We hereby grant you a limited, non-exclusive, non-transferable, revocable license for the sole purpose of enabling you to access and use the Site and the Services. This license will be terminated if you do not comply with the agreement. You promise that you will comply with the Agreement and will not knowingly or unknowingly authorize, permit or assist others to:
(1) take any action to gain or attempt to gain unauthorized access to any other user's website, service or supported digital wallet;
(2) Use the Services to conduct illegal activities (including, but not limited to, money laundering, terrorist financing and/or fraudulent activities), unethical activities, any fraudulent deceptive or manipulative trading activities in violation of any applicable law;
(3) Use the Services for any financial activity that requires registration or licensing, including, but not limited to, use of the Services for securities trading, commodity futures, margin or financing-based commodity trading, binary options (including prediction market trading), real estate or real estate leasing, equipment leasing, debt financing, equity financing or other similar transactions;
(4) Use the Services in any manner that may interfere with, disrupt, adversely affect, or prevent other users from fully enjoying the Services, or damage, disable, overburden, or impair the functionality of the Services in any way;
(5) Use the data collected from our Services for any direct or indirect marketing or solicitation activities;
(6) Use any robot, spider, crawler, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site or Services, extract data or otherwise interfere with or modify the presentation of the Services or their functionality;
(7) Use the Services to engage in any activity designed to deceive us, other users or any other person, or to provide us with any false, inaccurate or misleading information;
(8) Use the Services to engage in fundraising activities for a business, agreement or platform, including, but not limited to, creating, listing or purchasing assets that are available for or redeemable for securities or financial instruments, entitling the owner to participate in an initial token offering or any offering of securities, entitling the owner to financial incentives, including, but not limited to, diversified financial return bonuses, collateral bonuses and destruction discounts;
(9) Use the Services in any manner that would result in infringement of the intellectual property or other rights of us, our affiliates or any third party;
(10) Engage in any other activity that we believe is inappropriate or in violation of the Agreement or any applicable law.
Enforcement Rights
We have no obligation to monitor your access to or use of the Site or the Services. However, we have the right to do so for the purpose of operating the Site and Services to ensure your compliance with the Agreement and any applicable laws. We reserve the right to restrict your use of the Site or the Services we provide, including the right to restrict, suspend or terminate your access to the Site or the Services if we believe that you have violated the Agreement or breached it. Such suspension or termination shall not constitute a breach of the Agreement by us if we determine that you have violated the Agreement, and we shall not be liable or responsible to you or any third party for any claims or damages that may arise as a result. In accordance with its anti-money laundering, anti-terrorism, anti-fraud and other non-compliance practices, we may impose reasonable restrictions and controls on your or any beneficiary's ability to use the Services. Such restrictions and controls may include denying transaction requests, freezing funds or otherwise limiting your access to or use of the Site or the Services, if justifiable reasons exist.(5) Any unauthorized third party activity, including, but not limited to, the use of viruses, Trojan horses, malware attacks, phishing, brute force attacks or other means of attack against the Site, the Services or any NFT;
(6) Acts of God, floods, droughts, earthquakes or other natural disasters;
(7) Epidemics or pandemics;
(8) Terrorist attacks, civil war, civil unrest or riots, war, threats or armed conflict, imposition of sanctions, embargoes or interruption of diplomatic relations;
(9) Changes in business plans or any action taken by us in connection with the Services to comply with any law or any action taken by a government or public agency;
(10) Interruption or failure of utility services, power failure, system instability, system or equipment failure, or telecommunications equipment failure;
(11) Non-performance or manufactured defects of third party service providers;
(12) Disclaimers and other waivers mentioned in the Agreement.
NFTs are intangible digital assets, which exist only through virtue. The record of ownership maintained in the blockchain, and any transfer of ownership that may occur in any unique digital asset occurs on the decentralized ledger of the blockchain. We do not guarantee that we can influence the transfer of ownership or rights in any NFT. We cannot and do not guarantee that any NFT will have or retain any inherent value, or that you will be able to sell or resell any NFT purchased through the Services.
Limitation of Liability
to the maximum extent permitted by law, in no event shall we, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable to you or any third party for any lost profits. not be liable for any indirect consequential, exemplary, incidental, special or punitive damages arising out of the agreement, the website, the services, NFT or any third party website or product. not be liable for loss of revenue, loss of profits, loss of use, loss of goodwill, or loss of data beyond the Platform's rights and responsibilities. not liable for damages arising from tort (including negligence), breach of contract or otherwise. Access to and use of the Site, Services, NFT or any third party websites and products is at your sole discretion and risk, and you assume full responsibility for any damage to your computer system or loss of data resulting therefrom.
Third Party Materials
Certain portions of the Site or Services may display, including make available, content, data, information, applications or materials from third parties, such as items and NFTs provided by the creator, and any names, likenesses, images, signatures, sounds and other identifiable features contained in digital art included in such items, NFTs, names, logos and trademarks, and all other related intellectual property rights associated with such items or NFTs (Third Party Materials). and all other related intellectual property rights (third party materials). It is the responsibility of such creators or third parties to represent and warrant that:
(1) they own all rights, powers granted or agreed to be granted to the Third Party Materials. including, but not limited to, acquiring, using, casting, licensing, selling or transferring the relevant NFT or items;
(2) Such Third Party Materials, and the listing, sale, and servicing of the related NFT shall comply with all applicable laws and be delivered in accordance with the intended performance specifications and free from material error, claims, and liens of any other third party;
(3) The Third Party Materials must not infringe the intellectual property rights, rights of privacy or publicity of any other third party, contain any defamatory, obscene or unlawful material, or otherwise violate or infringe upon the rights of any other third party.
By using the Site or Services, you acknowledge and agree that we are not responsible for checking or evaluating the legitimacy and authenticity of the identity of such Third Party Materials, notwithstanding the indicators and messages that indicate verification. You assume full responsibility for verifying the identity, legitimacy and authenticity or any other aspect of such Third Party Materials prior to your purchase of the relevant NFT or your obtaining a license in connection with the items. We do not represent, warrant, endorse, or assume any responsibility or liability to you or any other person in connection with such Third Party Materials. In the event of any dispute relating to Third Party Materials, you shall be responsible for communicating directly with the relevant third party to resolve any such dispute. If requested, we may, in our sole discretion, assist in negotiations. However, you acknowledge and agree that we and our affiliates shall not be liable for any claims or damages that may arise out of our involvement, except for our gross negligence.
IX. indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold us and our affiliates harmless from and against all actual or alleged third party claims, damages, judgments, awards, judgments, losses, liabilities, obligations, penalties, interest, expenses (including, but not limited to, attorneys' fees and expenses) and costs (including, but not limited to, court costs, settlement costs, and costs associated with seeking indemnification and insurance related costs). all claims of whatever type and nature of agreement, whether known or unknown, foreseen or unforeseen, ripe or unripe, suspected or unsuspected, whether in tort (including negligence), contract or otherwise, including, but not limited to, claims arising from;
(1) property damage, personal injury, item or NFT damage arising out of or in connection with your use or misuse of the Site, Services, including, without limitation, any act or omission involving any third party in connection with the purchase of any NFT or item license;
(2) Your misrepresentation or breach of the Agreement;
(3) Your violation of the rights of any third party, including other users of the Site or Services;
(4) Any breach or non-performance of the agreement by which you are bound, including but not limited to the terms of purchase and license terms;
(5) The Mint, any listing, purchase, sale or trade of NFT or licensing of items;
(6) Any off-chain interest or transaction related to NFT (other than the license associated with the item).
In the above cases, you agree to promptly notify us of any third party claims and to cooperate with us and our affiliates in defending such claims.
X. Third Party Services, Third Party Terms
The Services may allow you to access third party websites, applications, portals or other resources, but are not responsible for the content, products or services available on those resources. You acknowledge that you assume full responsibility for all risks arising from your use of any third-party resources.
XI. assignment and authorization
You may not assign or authorize any of your rights or obligations under this Agreement, including enforcement, control, or modification of such rights or obligations, without our prior written consent. We may assign or authorize, in whole or in part, all rights or obligations under the Agreement without notice or your consent or approval.
XII. Severability
If any provision of the Agreement is found by any court or administrative agency of competent jurisdiction to be invalid or unenforceable, such provision will be modified and interpreted to achieve the objectives of such provision to the maximum extent possible under applicable law. Also the invalidity or unenforceability of such provision under any applicable law shall not affect other provisions of the Agreement under such applicable law.
XIII. Complete Agreement
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes and renders invalid all other prior representations, arrangements, understandings and agreements (whether oral or written, express or implied) with respect to the same subject matter. The parties acknowledge that in agreeing to this Agreement, they are not relying on any representations, representations, warranties or understandings other than those expressly set forth in the Agreement.
XIV. Waiver
No right, interest, power or remedy under the Agreement may be waived in whole or in part unless waived in writing by the party having the same right, power, interest or remedy. No delay or failure by either party to enforce any provision of this Agreement shall be construed as a waiver by such party of any right, interest, power or remedy in connection with such enforcement, nor shall any right, interest, power or remedy be granted or reserved.
XV. notices and communications
By using the Platform Services and Products, you agree that we may send you notices. This includes the use of relevant methods such as via email, SMS, phone calls, etc. For notices sent via email, the date of receipt will be deemed to be the date the notice was sent.
XVI. Third Party Rights
Except for users of our Platform, our affiliates, persons not party to the Agreement shall not have the right to enforce any of the terms of the Agreement.
XVII. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of China, without regard to any choice or conflict of laws rules.
XVIII. Dispute Resolution
Disputes may be resolved by arbitration:
(1) Any dispute, claim, disagreement arising from the Agreement in connection with the Agreement, including disputes over the validity, interpretation, performance, breach, termination, etc. of the Agreement, shall be submitted to arbitration at the request of any party to the dispute and notified to the relevant parties.
(2) The arbitration result shall be the final decision of the China Arbitration Tribunal, which shall be binding on the parties to the dispute, and the successful party may apply to the court with jurisdiction to enforce such decision.
(3) The agreement shall continue to be performed while the arbitral tribunal is ruling on the dispute, with the exception of the dispute and arbitration part.
(4) Waiver of class action or joint action
All disputes within the scope of arbitration must be arbitrated or litigated on an individual basis, not on a class basis. And claims of multiple customers or users cannot be consolidated with any other customer's or user's claims for arbitration and litigation.
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