TN7

1. Important Notice

(a) Please read these terms of use (“Terms of Use”) carefully as they apply to your access and/or use of the TN7 website platform (the “Platform”). By using and/or accessing the Platform you agree to be bound by these Terms of Use (as may be updated from time to time).

(b) We update these Terms of Use from time to time. It is your responsibility to check for updates to these Terms of Use as they take effect upon posting on any Site, because, unless otherwise required by Applicable Law, your continued use of the Platform following such variation or amendments of these Terms of Use, whether or not reviewed by you, shall constitute your acceptance to be bound by such variations or amendments.

(c) We may from time to time issue guidelines and/or notices (“Guidelines”) pertaining to the access to and/or use of the Platform and/or the Services. Such specific Guidelines shall constitute a part of these Terms of Use.

2. Services

(a) From time to time, we may provide certain services on the Platform, including but not limited to providing you with access to mint certain Digital Collectibles (the “Services”). In addition to these Terms of Use which shall apply to the use of the Services, additional terms may apply to each specific Service and such additional terms shall be captured in Appendices under these Terms of Use. By using the Services, you agree to be bound by these Terms of Use and the terms in relevant Appendic(es) (as may be updated from time to time), and each of these Appendices are expressly incorporated into the terms of these Terms of Use. In the event of a conflict between the terms in these Terms of Use and an Appendix, the terms in the Appendix will prevail over these Terms of Use to the extent of any inconsistency.

(b) When providing you with the Services, you acknowledge that we do not offer a hosted digital wallet on the Platform or otherwise services in relation to the custody of the Digital Collectibles. When using the relevant Services, you may be required to connect a blockchain-based wallet provided by a Third Party Provider to the Platform in order to confirm your current ownership of a Digital Collectible issued under our Services, or receive or transfer such Digital Collectible.

(c) In relation to a Digital Collectible original minted through this Platform that is then acquired through a third party platform or service, by acquiring such Digital Collectible you agree to these Terms and the applicable Appendix. Without prejudice to our rights under these Terms, you agree that we may at any time, in our sole discretion, and without any notice to you, refuse to provide you with access to the Platform or any Service, if such third party from whom you purchased such Digital Collectible fails to pay us any amounts owed in connection with the transfer of such Digital Collectible to you (whether in full or in part).

(d) You acknowledge that we may at any time, in our sole discretion and with or without notice:

(i) deactivate and/or suspend the Platform and/or Services (or part thereof) at any time for any purpose;

(ii) vary the Platform and/or Services (or any part thereof); and

(iii) discontinue any Platform and/or Services (or any part thereof).

3. Eligibility

(a) You have to be aged 18 or above to access and/or use the Platform and Services.

(b) You are only authorised to use the Platform for your own personal and non-commercial use in accordance with these Terms of Use.

(c) You will in your use and/or access of the Platform and Services abide by all Applicable Law and any operating and/or usage rules, as amended from time to time.

(d) You acknowledge that the content on the Platform, and any Services provided to you are subject to copyright and possibly other intellectual property rights. Unless expressly authorised by Applicable Law or permitted by us, you must not by yourself or permit any other person to:

(i) sell, rent, reproduce, duplicate, distribute, modify, display, publish, publicly perform, prepare derivative works based on, repost or otherwise use any of the content in any way for any public or commercial purpose without our prior written consent;

(ii) use any content on any other website or in a networked computer environment for any purpose;

(iii) otherwise infringe the intellectual property rights of any person or entity in using and/or accessing the Platform and the Services.

(e) Nothing you do on or in relation to the Platform will transfer any intellectual property rights to you or license you to exercise any intellectual property rights unless this is expressly stated.

4. Your use of the Platform

(a) You must not:

(i) disrupt or interfere with the Platform, Services, servers, networks, software, hardware or equipment connected to or via the Platform and/or Services;

(ii) violate any Applicable Law relating to your use of the Platform and/or the Services;

(iii) collect or store personal data about other users of the Platform and/or the Services;

(iv) restrict or inhibit any other persons from using the Platform and/or the Services, including, without limitation, by means of “hacking” or defacing any portion of the Platform;

(v) access or use the Platform and /or Services for any unlawful purpose or any purpose not expressly authorised by these Terms of Use;

(vi) modify, adapt, sub-license, reproduce, distribute, copy, exploit, translate, sell, reverse engineer, decompile or disassemble any portion of the Platform and/or Services;

(vii) remove any copyright, trade mark, or other proprietary rights notices contained in the Platform and/or Services;

(viii) copy and/or frame any part of the Platform and/or the Services without our prior written authorisation;

(ix) use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce, disrupt or circumvent the navigational structure or presentation of the Platform and/or Services;

(x) hack, break into, or attempt to hack or break into, in any manner the Platform, Services and/or any data areas on our server(s) or that of any third parties;

(xi) download, copy, store, rip, distribute, share or re-direct any content from the Platform and/or Services in any way or through any media;

(xii) incorporate any software or other materials that contain any virus, malicious code, worm, time bomb, Trojan horse, or other harmful or disruptive component;

(xiii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Platform and/or Services; or

(xiv) issue, create or sponsor any financial instruments or investment products where the price, return and/or performance of such instrument or product is based on or related to any financial index or information in the content.

(b) Where, in using our Services, you make use of any feature that allows you to post, upload, or provide content generated by you on our Platform, you agree that any such content shall comply with all applicable law(s), the terms of this Terms of Use, and/or any . You irrevocably and unconditionally represent and warrant that such content posted, uploaded, or provided on the Platform must not.

(i) contain any material which is defamatory of any person;

(ii) contain any material which is obscene, offensive, illegal, unlawful, fraudulent, defamatory, libellous, harassing, hateful, inflammatory, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iii) contain any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;

(iv) contain material regarding sweepstakes, contests, or lotteries, or otherwise related to gambling;

(v) promote material that is overtly sexually explicit or violent such that such material is not compliant with applicable law;

(vi) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(vii) infringe any intellectual property right of any other person;

(viii) be likely to deceive any person;

(ix) be made in breach of any legal duty owed to a third-party, such as a contractual duty or a duty of confidence;

(x) promote any illegal activity;

(xi) contain any content with seditious tendency or political references;

(xii) promote ill-will and hostility amongst the users or general public;

(xiii) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

(xiv) be likely to harass, upset, embarrass, alarm or annoy any other person;

(xv) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

(xvi) give the impression that the content emanates from us if that is not the case; and/or

(xvii) advocate, promote or assist any unlawful act such as, for example, copyright infringement or computer misuse.

(c) We reserve the right to remove any content uploaded or transmitted on the Platform for any reason, including but not limited to if it does not comply with any applicable content standard. While we may (but do not have the obligation to) use reasonable effort to vet content posted by users on the Platform, we hereby disclaim all liability for any content posted by other users that are of an offensive nature and/or infringe on third-party intellectual property rights (the “Infringing Material”).

(d) Our authorisation for you to access the Platform; and receive the Services is conditional upon your strict compliance with each of these Terms of Use.

(e) The provision of the Services and availability of certain features and services is contingent upon the service capacity allocated by us (including but not limited to streaming capacity) for the Services, the reliability, speed and stability of your Internet connection and bandwidth, as well as the specifications and performance of your devices or the respective software used, all of which are out of our control. We will not be liable to you or any other third parties (whether authorised or not) for any failure or delay in accessing the Platform, the Services or any parts, features and/or content thereof and/or the consequences or effects on your Internet connection, its speed and/or bandwidth that may be caused by the Platform and/or Services.

5. Third Party Providers; Links

(a) You acknowledge that parts of the Platform and parts of the Services are provided or maintained by third party providers and not by us (“Third Party Providers”).

(b) Your correspondence or dealings with any Third Party Provider (including but not limited to your digital wallet provider(s) and the NFT marketplaces) are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of such dealings.

(c) Your use of third party web pages linked to the Platform and/or Services may be governed by additional or different terms and conditions. Where this is the case, those additional terms and conditions will apply to your use of such web page or website in addition to these Terms of Use and will prevail over these Terms of Use to the extent of any inconsistency.

(d) We have no control over any third party websites linked to the Platform and/or Services, and are not responsible for the content or accuracy of any off-site pages or any other third party websites linked to the Platform and/or Services (including without limitation sites linked through advertisements).

(e) Some links which appear on the Platform and/or Services are automatically generated, and may be offensive or inappropriate to some people. The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk.

6. Device ID and other information relating to web browsing

(a) During your use and/or access of the Platform, we will compile information relating to the activity of the device which is being used to surf the Platform including device IDs, “cookies” and browsing behaviour. When using the Services, you may also provide us with specific information, such as your email address and digital wallet address. By using the Platform and/or the Services, you have agreed to our use of the device IDs and/or cookies in accordance with our Privacy Policy.

(b) We and/or our data processor may transfer the information specified in Clause 6(a) above to a third party service provider engaged by us who is located outside of Singapore. You acknowledge and consent to the transfer of such information to such third party service provider. We will carry out any such transfer and/or processing of such information outside of Singapore in accordance with applicable personal data protection laws and, in this connection, we will ensure that the third party service provider has in place data protection measures and policies that are no less stringent than those of ours.

7. The use of the Platform and Services is at your risk

(a) You use the Platform and the Services at your risk. You must evaluate, and bear all risks associated with, the use of any content, including reliance on the accuracy, completeness or usefulness of any content. All information provided on or via the Platform and the Services is for information purposes only. You should seek your own independent advice with respect to any content.

(b) We endeavour to provide convenient and functional Platform, but we do not guarantee that the Services will be error free or that the Platform or the servers that operate them are free of viruses or other harmful components.

(c) If your use of the Platform and/or Services results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.

(d) Without limiting the above provisions, you agree that the Platform and Services is provided “as is” and without express or implied warranty or condition of any kind. To the fullest extent permitted by Applicable Law, we and our content providers (and their affiliates) disclaim any representation or warranty whether express or implied:

(i) as to the title, quality, fitness for a particular purpose, merchantability, accuracy, completeness, or standard of quality and resolution, transmission continuity and timeliness of the Platform and Services;

(ii) that the Platform and Services will meet your requirements;

(iii) that your access to and use of the Platform and Services will be uninterrupted, free of delay or error, free of viruses, malicious code or other harmful components or otherwise secure;

(iv) any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality); and

(v) the results to be obtained from use of any part of the Platform and Services unless otherwise specifically mentioned in these Terms of Use.

(e) If the jurisdiction of Singapore does not allow the exclusion of implied warranties in accordance with paragraph (d) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

(f) We do not exercise any editorial control over certain content and do not make any claims as to the truth in such content.

(g) We disclaim liability for all content available on the Platform and Services.

(h) To the fullest extent permitted by Applicable Law, we expressly disclaim any liability for:

(i) any damage to or loss of data suffered by you arising from your use of the Platform and Services;

(ii) any claim based on contract, tort, or otherwise or any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not;

(iii) any claim relating to any part of the Platform and Services supplied, provided, sold or made available by or through the Platform and/or Services (or any failure or delay to so supply, provide, sell or make available);

(iv) any disruption, suspension, delay or failure of the Platform and/or Services or any part thereof which is attributable to an event or circumstance beyond our reasonable control; and

(v) any infringement of intellectual property rights arising from your use of the Platform and Services.

8. Intellectual property rights on the Platform

(a) The logos, brand and services names, slogans, and the look and feel of the Platform and Services are the intellectual property (whether registered or otherwise) of us, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

(b) You acknowledge that any reference to any products, services, processes or other information by trade name, trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

9. Limitation of Liability and Indemnity

(a) To the fullest extent permitted by Applicable Law, we will under no circumstances:

(i) accept any liability whatsoever for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Platform and Services, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage; and

(ii) pay more than United States Dollars (USD) 100 in compensation (even if we have been negligent) for any liabilities under these Terms of Use, any Appendix, the Services, and any other goods or services supplied and/or provided by us.

(b) To the extent permitted by Applicable Law, you agree to indemnify us, our affiliates, directors, officers, employees, content providers, sub-contractors, licensors and/or agents against any actions, liability, costs, claims, losses, damages, proceedings and/or expense arising from, in connection with or which is related to:

(i) your use of the Platform and/or the Services;

(ii) your violation of any third party right, including without limitation any copyright, trade mark, trade secret or other property, or privacy right; and

(iii) any breach or non-observance of any of these Terms of Use by you.

10. Survival

The provisions of these Terms of Use that are intended to survive termination, including but not limited to Clauses 4, 5, 7, 8, 9, 12, and the relevant provisions in the Appendices, will survive cancellation or termination of these Terms of Use.

11. Notices

(a) Subject to the Applicable Law, we may give you any necessary notices by posting them on the Platform. You agree:

(i) to check the Platform for notices; and

(ii) that you will be considered to have received a notice when it is posted on the Platform.

12. General Provisions

(a) If any provisions of these Terms of Use shall be construed to be illegal, invalid or unenforceable for any reason, such provisions shall not affect the legality, validity or enforceability of the other provisions of these Terms of Use. The illegal, invalid or unenforceable provision shall be amended to the extent necessary to make them legal, valid or enforceable or, if not possible to do so, deleted from these Terms of Use, but all other provisions of these Terms of Use shall continue in full force and effect.

(b) The governing law of and forum for dispute resolution relating to these Terms of Use shall be Singapore. All disputes arising in connection with these Terms of Use, shall be submitted to the jurisdiction of the courts in Singapore.

(c) Our failure to enforce any rights or provisions under these Terms of Use shall not constitute a waiver of such or any other provision.

(d) We shall not be liable or responsible for any failure to fulfil any of our obligations due to causes beyond our reasonable control.

(e) Should there be any inconsistencies between the English version and any other language versions (if any) of these Terms of Use, the English version shall prevail.

(f) Subject to Applicable Law, we can transfer our rights and obligations hereunder to any person or entity without your consent. We can also use an agent or subcontractor to perform our responsibilities.

(g) A person or entity who is not a party to these Terms of Use shall have no right to enforce any part of these Terms of Use.

13. Definitions

“Applicable Law” in relation to any person, entity, action or thing means the following in relation to that person, action or thing:

(a) any law, rule or regulation of any country (or political sub-division of a country);

(b) any obligation under any license in any country (or political sub-division of a country); and

(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

“Digital Collectibles” means a blockchain-based, cryptographic non-fungible token (commonly referred to as an “NFT”), together with its licensable rights associated with the digital works of authorship or other content, whether copyrightable or not, and regardless of the format in which it is made available.

“Platform” means this TN7 website platform.

“Services” is as defined in Clause 2(a).

“We” or “us” means PCCW OTT (Singapore) Pte. Ltd..

Updated as of 23 April 2024