Last updated: 11 May 2023
In the event of any inconsistency between languages or any other dispute, the English version shall prevail.

USER AGREEMENT

FIGTION LIMITED provides their offerings (the “Service,” as further described below) to you subject to the following Terms of Use (“Terms”). In addition, when using the Service, you shall be subject to any posted guidelines and rules applicable to such service, which may be posted from time to time.

PLEASE READ THIS USER AGREEMENT CAREFULLY. IT IS A LEGAL DOCUMENT AND CONTAINS BINDING OBLIGATIONS. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS.

By accessing or using the Service, you, either an individual or a single entity (“you” or “your” as applicable), are bound by the notices, terms and conditions in these Terms and, as applicable, elsewhere on www.figtion.com. or incorporated in any other technology and/or services that FIGTION provides to its users, including without limitation, mobile applications. All such terms and conditions (including but not limited to our Privacy Policy) are incorporated by reference into these Terms. If you register on behalf of a business, you represent to FIGTION that you have the authority to bind that business and your acceptance of these Terms will be treated as acceptance by that business. In that event, “you” and “your” will refer to that business in these Terms. References to “FIGTION”, “us”, “we”, or “our” mean FIGTION LIMITED.

THE SERVICE

The Service is comprised of (i) the FIGTION website, currently located at www.figtion.com(and/or any successor or additional website(s) owned or operated by or for FIGTION)(“Site”); (ii) any other technology and/or services that FIGTION provides its users, including without limitation the FIGTION Mobile application (“App”) and proprietary blockchain-enabled data-storage technology (“Technology”) designed to interact with the App and the Site.

FIGTION reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions. You hereby expressly accept and confirm that certain part of the Service may be provided, operated or controlled by FIGTION’s affiliates which are incorporated outside Hong Kong. You further accept and confirm that you are otherwise legally permitted to use the Services in your jurisdiction and that FIGTION is not liable for your compliance with such applicable laws.

CONTENT

Content provided by FIGTION through the Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, the “FIGTION Content”) is meant for all audiences. In addition to the FIGTION Content, you understand that you may also be exposed to user material from a variety of sources (“User Material”), including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, and social media posts. You grant FIGTION the right to reproduce, distribute, modify, publicly display, publicly perform and transmit any User Material you upload and publish on the Service, and to make any other use of such User Material as FIGTION may determine, including without limitation marketing and promotional use. You represent and warrant that you are the sole owner of all intellectual property rights in any User Material you upload and publish on the Service, and that FIGTION’s use of such User Material will not violate the rights of any third party. You understand and agree that FIGTION is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Material. You further understand and acknowledge that you may be exposed to FIGTION Content or User Material that is, or that you believe to be, inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FIGTION with respect thereto.

USER CONDUCT

As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, Hong Kong copyright laws). Any unauthorized use of the Service is expressly prohibited.

By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the Service, that: (i.) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate, suicide or self-harm or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of FIGTION or any third party; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of FIGTION; or (vii) constitutes an offer, for sale or otherwise, of any counterfeit or stolen articles, or of any firearms, explosives, weapons, tobacco products, pharmaceuticals, controlled substances, registered or unregistered securities or any items that would cause FIGTION to violate any applicable law or regulation; (viii) provide false or misleading information to FIGTION; (ix) reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service; (x) use data collected from our Service to contact individuals, companies, or other persons or entities; (xi) use data collected from our Service for any direct marketing activity (including without limitation, through email, SMS, telephone, etc.); (xii) use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; (xiii) use the Service to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Service; (xiv) engage in wash trading or other deceptive or manipulative trading activities; (xv) place misleading bids or offers; (xvi) use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or (xvii) use the Service to participate in fundraising activities, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in any securities offering, or assets that entitle owners to financial rewards.

Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in FIGTION’s sole discretion, an unreasonable or disproportionately large load on FIGTION’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures FIGTION may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an account of a FIGTION user that is not yours.

You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the FIGTION website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any or the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.

You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the FIGTION server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.

You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the FIGTION website is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.

Unless expressly authorized, you shall not frame or otherwise display any portion of the Site or any of its contents. No hyperlinks to any password protected web pages on the Site are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by FIGTION in our sole discretion.

SMS, MMS AND OTHER TEXT MESSAGING

FIGTION may send both transactional and marketing messages to members of our community who wish to receive them, on topics FIGTION believes may be of interest to users of the Service. These messages may be sent by means of SMS, MMS or other text message technologies (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone, the following terms apply:

● If you are experiencing issues with the messaging program, please contact our team for assistance by emailing us at contact@figtion.com.

●In addition to any fee of which you are notified, your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit text alerts, you may not receive the Text Messages from us. You can opt out of receiving any further Text Messages from us by sending an email titled “Withdrawal from Receiving Text Messages” to us at contact@figtion.com.

●We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your messages. We may use this information to contact you and to provide the Services you request from us.

●By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology to send you Text Messages at the wireless number you provided.

For more information on how we use telephone numbers and other personal information, please read our Privacy Policy.

OWNERSHIP

The FIGTION Content and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to FIGTION, and subject to copyright and other intellectual property rights under Hong Kong and foreign laws and international conventions. Except as set forth in these Terms, the FIGTION Content, Marks, and User Material is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms or without the prior written consent of the respective owners. FIGTION reserves all rights not expressly granted in and to the Service and the FIGTION Content. If you download or print a copy of the FIGTION Content, or User Material, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any FIGTION Content, or User Material.

Unless otherwise indicated in writing by FIGTION, the Service and all content and other materials contained therein, including, without limitation, the Marks are the proprietary property of FIGTION or its affiliates, licensors or users, as applicable. Notwithstanding anything to the contrary in these Terms, the Service and Marks may include components provided by FIGTION, its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such components.

You are hereby granted:

●a non-exclusive, non-assignable, limited, non-licensable, and personal licence to access and use the Service and Marks; provided, however, that such license is subject to these Terms and does not include any right to (a) use any data mining, robots or similar data gathering or extraction methods, (b) use the Service or the Marks other than for their intended purposes, (c) modify or otherwise make any derivative uses of the Service or the Marks, or any portion thereof, (d) sell, resell or use commercially the Service or the Marks, (e) download (other than page caching) any portion of the Service or the Marks, except as expressly permitted by us, and (f) distribute, publicly perform or publicly display any Marks; and

●a non-exclusive, non-assignable and limited right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray FIGTION or its affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of FIGTION to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any FIGTION trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without its express written consent.

COPYRIGHT POLICY

FIGTION respects the rights of artists and other copyright holders. We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third party intellectual property rights upon notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Site (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site (or Service) of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at Copyright Agent, FIGTION LIMITED email: contact@figtion.com.

FIGTION reserves the right to remove content without prior notice including, for instance, in response to formal infringement claims.

TERMINATION

FIGTION may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

WARRANTY DISCLAIMER

THE SERVICE, FIGTION CONTENT AND MARKS ARE PROVIDED BY FIGTION “AS IS” AND “AS AVAILABLE”. FIGTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, FIGTION DISCLAIMS ALL WARRANTIES REGARDING THE SERVICE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, FIGTION DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND FIGTION WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FIGTION OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, FIGTION CONTENT AND FIGTION MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF FIGTION OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FIGTION ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY FIGTIONCONTENT, USER MATERIAL OR PUBLISHER MATERIAL; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE FIGTION SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FIGTION WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FIGTION WEBSITE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FIGTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) HK$100; OR (B) THE AMOUNT RECEIVED BY FIGTION FROM THE SALE OF PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless FIGTION and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “FIGTION Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the FIGTION Indemnitees. FIGTION shall have the right, in its sole discretion, to select its own legal counsel to defend the FIGTION Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the FIGTION Indemnitees in connection therewith. You shall not, without the prior express written approval of FIGTION, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any FIGTION Indemnitee. This defense and indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. Although FIGTION will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FIGTION or others due to such unauthorized use. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and FIGTION.

DISPUTES

GOVERNING LAW AND ARBITRATION CLAUSE – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Your relationship with us, including, without limitation, disputes related to these Terms of Service, your use of the Services and/or rights of privacy and/or publicity shall be governed by and construed in accordance with the laws of Hong Kong.

Any dispute, controversy, difference or claim arising out of or relating to these Terms of Service, your use of the Services and/or rights of privacy and/or publicity, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law). The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

In case any provision of these Terms of Service shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. If, however, any provision shall be invalid, illegal, or unenforceable under any such applicable laws in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law.

REGISTRATION

Registration is required to view FIGTION Content, purchase products, use certain functionality of the Service, or participate in any promotions we may offer from time to time.

To register, you will have to create an account. You shall provide FIGTION with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your FIGTION account. You may not (i) select or use as a name of another person with the intent to impersonate that person; (ii) use as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username, a name that is otherwise offensive, vulgar or obscene. FIGTION reserves the right to refuse registration of an account, or cancel an account in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password or other credential secure. You must notify FIGTION immediately of any breach of security or unauthorized use of your account. Although FIGTION will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of FIGTION or others due to such unauthorized use. All registration information provided by you shall be subject to FIGTION’s Privacy Policy or any successor thereto.

We take cyber security very seriously and as such we use an improved security method called 2-step verification (2FA) to protect your FIGTION account. 2-step verification enhances the security of user accounts. Once enabled, you will need to enter a one-time security code in addition to your password whenever you sign in to FIGTION 2-step verification requires a mobile device with an authenticator app which supports the Time-based One-Time password (TOTP) protocol such as Google Authenticator. With a separate verification code system, this method is designed to ensure that you’re the only person who can access your FIGTION account even if someone else knows your password.

General Terms of Membership

By registering for an account with FIGTION, you become a "Member" with access to FIGTION Content offered on and through the Site (a "Subscription"). The Subscriptions purchased and all rights you acquire in the Products are personal. You must provide a current, accurate mailing address in order to receive the Products in connection with your Subscription.

All sales and payments of Membership fees (if any) will be in US Dollars.

YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAIL contact@figtion.com.

FIGTION reserves the right to modify Services and pricing at any time, upon advance notice to you.

MISCELLANEOUS

Acceptance. If you do not accept all of the terms and conditions set forth in these Terms, you may not access or use the Service.

Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these Terms.

Modification. FIGTION shall have the right to modify these Terms at any time, which modification shall be effective immediately following FIGTION’s posting of such change on its website. We recommend that you check the FIGTION website regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification.

Electronic Communications. By using the Site and/or the Services, you consent to receiving electronic communications from FIGTION These electronic communications may include information about FIGTION's Services and features of the Site, notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services. These electronic communications are part of your relationship with FIGTION You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Enforceability and Waiver. If any provision of these Terms is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by FIGTION to exercise or enforce any of its rights under these Terms will act as a waiver of such rights.

Privacy Policy. Your use of the Service is subject to your acceptance of our Privacy Policy which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information.

Links to Third Party Websites. As a convenience for its Users, FIGTION may provide links on this website to other websites owned by third parties. Unless otherwise stated, FIGTION does not endorse or control these third parties and takes no responsibility for them or their websites.

Export and International Use. The Service is controlled and offered by FIGTION from its facilities in the Hong Kong SAR. FIGTION makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law, Jurisdiction and Venue. These Terms shall be governed by and construed in accordance with the laws of the Hong Kong SAR, without regard to or application of choice of law rules or principles. You agree that: the Service shall be deemed to be solely based in the Hong Kong SAR; the FIGTION website shall be deemed a passive website that does not give rise to personal jurisdiction over FIGTION, either specific or general, in jurisdictions other than the Hong Kong SAR. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney’s fees, expenses and costs incurred in connection with the litigation.

ADDENDUM: TERMS OF SERVICE FOR NFT MARKETPLACE

Last updated: 5 May 2023

INTRODUCTION

The Terms of Use in this addendum (“Terms”) apply in addition to our main Terms (“Main Terms”) and govern your access to and use of the NFT (as defined below) marketplace of the FIGTION website (“Marketplace”) including without limitation (i) the creation, purchase, sale, exchange, or modification of NFTs, (ii) our online and/or mobile services, and (iii) software provided on or in connection with those services (collectively, the “Service”). References to “NFTs” in these Teams shall mean unique cryptographic non-fungible tokens implemented on the blockchain using smart contracts, which can be used to represent ownership of unique items. NFTs sold on our Marketplace include, without limitation, visual works, audiovisual works, animations, audio, photographs, 3D works, GIFS, and other creative digital works with or without physical counterparts (such as physical trading cards) (collectively, “PRODUSTS”).

The PRODUSTS do not include (i) crypto currencies or other digital representations of value that function or intended to function as a medium of exchange or payment for goods or services or discharge of debts, (ii) financial assets or (iii) any other regulated investments of a specified kind under the applicable securities laws and regulations, including securities, futures contracts or collective investment schemes within the scope of the relevant securities laws and regulations in Hong Kong. Our Marketplace should not be used to (i) conduct any financial activity which requires registration or licensing; or (ii) conduct or promote fundraising activities, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments and assets that give owners rights to participate any securities offering, or assets that entitle owners to financial rewards.

Any and all information provided by FIGTION are related to the sale of PRODUSTS and their value. No information provided should be deemed to constitute the provision of financial investment or other professional advice subject to regulation under the applicable securities laws and regulations.

All transactions initiated through our service are facilitated and run by third-party e-wallet applications (including without limitation, Metamask), and by using our services you agree that you are governed by the terms of service and privacy policy for the applicable applications.

If you do not agree to these Terms, you may not access or use the Service or purchase the PRODUSTS. We reserve the right to change or modify these Terms at any time and in our sole discretion. If we do so, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

Your use of the Service is subject to your acceptance of our Privacy Policy which is incorporated by reference. Please read the Privacy Policy carefully for disclosures relating to the collection and use of your personal information. You also expressly consent to the collection, use and disclosure of your personal data in accordance with our Privacy Policy.

REGISTRATION

By creating an account on the Service (“Account”), you agree to (a) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, (b) maintain and promptly update from time to time as necessary your information, (c) provide accurate, current and complete information about yourself, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. We will block multiple accounts of the same user. Besides, you agree that you will not:

●buy, sell, rent or lease access to your Account or username unless you have our written permission first;

●log in or try to log in to access the Service through unauthorized third-party applications or clients.

●create another account if we’ve disabled one you had unless you have our written permission first; or

●share your Account password with anyone.

We may require you to provide additional information and documents at the request of any competent authority or in compliance with any applicable law or regulation. We may also require you to provide additional information and documents in cases where it has reasons to believe that:

●Transactions effected via your Account were effected in breach of these Terms;

●You have concealed or reported false identification information and other details; or

●Your Account is being used for money laundering or for any other illegal activity.

In such cases, we may in our discretion pause or cancel your Service until such additional information and documents are reviewed by us and accepted as fulfilling the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, we may refuse to provide the Content (defined in Section 4(A) below) to you.

By creating an Account, you consent to receiving e-communications from us. These communications may include notices about your Account (e.g., password changes and other transactional information) and forms part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal notice requirements (including for written notification). You should maintain copies of e-communications from us. We may also send you promotional communications via email, including (e.g., newsletters, offers, surveys and other information we think will be of interest to you). You may opt out of receiving these promotional emails (other than important account-related emails) at any time by following the instructions in the “SMS, MMS AND OTHER TEXT MESSAGING” of the Main Terms.

You must provide all equipment and software necessary to connect to our Service, including but not limited to, a mobile device that is suitable to connect with and use our Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing our Service.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by us or our affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. In the event you purchase such PRODUSTS through our Marketplace, you are required to comply with such terms.

We reserve the rights to determine the appropriateness of listings of PRODUSTS on our site and remove any listing at any time. If any PRODUSTS are found in violation of these policies, we will take corrective actions, as appropriate, including but not limited to removing the relevant Artwork and withholding payments and fees. We also reserve the right to destroy inappropriate metadata stored on our servers. PRODUSTS with the following nature will be removed:

●include metadata that violates international or Hong Kong intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in Hong Kong;

●are stolen assets, assets taken without authorization or with infringement of copyrights, and otherwise illegally obtained; and

●are used to carry out any financial activities subject to registration or licensing (for example, assets which amounts to securities, commodities, options, real estate, or debt instruments under the applicable laws) or to participate in fundraising activities (for example, assets that are redeemable for securities, financial instruments or assets that give owners rights to participate in an Initial Coin Offering (ICO) or any securities offering, or assets that entitle owners to financial rewards).

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time and without liability therefore.

LIMITATION OF LIABILITY

WE ARE NOT A FINANCIAL INSTITUTION, CREDITOR, OR BROKER. THE SERVICE IS AN ADMINISTRATIVE PLATFORM ONLY. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE LEGITIMACY, AUTHENTICITY, AND IDENTITY OF PRODUSTS YOU PURCHASE DURING THE SERVICE. FIGTION DOES NOT AND WILL NOT ENDORSE, GUARANTEE OR PROVIDE A WARRANTY THAT THE PRODUSTS ON THE PLATFORM ARE FREE FROM COPYRIGHT INFRINGEMENT OR BREACH OF COPYRIGHT, PATENT OR ANY OTHER LAWS. THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. BY COMPLETING THE PROCESS, USING OUR SERVICES AND/OR PURCHASING PRODUSTS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE.

THE SERVICE, CONTENT CONTAINED THEREIN, AND PRODUSTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY PRODUSTS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF PRODUSTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) CORRUPTED WALLET FILES; (B) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR PRODUSTS; (C) USER ERROR INCLUDING FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) SERVER FAILURE OR DATA LOSS.

PRODUSTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT FIGTION OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY PRODUSTS.

FIGTION IS NEITHER RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE SUCH AS SMART CONTRACT AND WALLET, BLOCKCHAINS OR ANY OTHER FEATURES OF THE PRODUSTS NOR FOR CASUALTIES DUE TO LATE OR NO REPORT BY DEVELOPERS OR REPRESENTATIVES OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING PRODUSTS INCLUDING TECHNICAL NODE ISSUES, FORKS, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

INTRODUCTION

The Terms of Use in this addendum (“Terms”) apply in addition to our main Terms (“Main Terms”) and govern your access to and use of the augmented reality (“AR”) function in relation to any of the Company products, websites and apps (“Services”).

APPROPRIATE USE

While you are using our Services, please be aware of your surroundings and behave safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policies of any event or exhibitions, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.

Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial content. You agree that you will not submit inaccurate, misleading, or inappropriate User Content (as defined below).

The Company does not intend the Services to be used for medical or health purposes or providing medical or health advice.

FIGTION CONTENT AND USER CONTENT

Subject to your compliance with these Terms, the Company grants you a personal, noncommercial, nonexclusive, non transferable, nonsublicensable, revocable, limited license to download, view, display, and use the FIGTION Content, including those in the form of AR images or videos, solely for your permitted use within the Services. The Company reserves all rights in and to the FIGTION Content and the Services not expressly granted to you under these Terms.

The Company does not claim ownership rights in text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made by you through the Services which are not FIGTION Content (“User Content”), and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, the Company and its licensors exclusively own all right, title, and interest in and to the Services and FIGTION Content, including all associated intellectual property rights. By making any User Content available through the Services you grant to the Company a nonexclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote and distribute your User Content in connection with operating and providing the Services and Content to you and to others. By accepting these terms, you allow the Company to benefit freely from the above rights, including but not limited to:

A.The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge in all places by any means or process known or unknown at the present time, and in particular via Internet, theatrical or television broadcasting and print;

B.The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by the Company or by any outside party of its choice;

C.The right to use the User Content for demonstration, promotion and advertising for all Services; or

D.The right to reproduce User Content by any means and in any form.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree that you will not exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Contents, against the Company or any third party designated by the Company.

INTERACTIONS WITH OTHER PEOPLE

You agree that in relation to your use of the Services, you will maintain safe and appropriate contact with other people. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in property damage, nuisance, injury, death, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release the Company (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.