By clicking here, I state that I have read and understood the terms and conditions. I acknowledge that if I violate any of these clauses, I will follow the termination section. I agree that the information provided for the eKYC process is trustworthy and consent to its usage to comply with the procedure dictated by the Anti-Money Laundering & Counter-Terrorism Financing Policy (“AML/CTF Policy”). --- # Clubs - Terms and Conditions ## General These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and DEV Protocol, concerning your access to and use of Clubs website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Clubs is not a party to any contract that users may have. We make no representations regarding the identity, legitimacy, functionality, or authenticity of users or Memberships (and any content associated with such Memberships) visible on the Service, and it is entirely your responsibility to confirm the identity, legitimacy, and authenticity of any Memberships that you purchase from third-party sellers using the Service. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately. ## Updates Supplemental Terms and Conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted. ## User Representations By using the Site, you acknowledge that you are solely responsible for your behavior and content while accessing or using the Service and that you will not break any laws, contracts, intellectual property rights, or other rights of a third party. You also represent and warrant that: 1. All registration information you submit will be true, accurate, current, and complete You will maintain the accuracy of such information and promptly update such registration information as necessary. 2. You have the legal capacity, and you agree to comply with these Terms and Conditions. 3. You are not a minor in the jurisdiction in which you reside. 4. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. 5. You will not use the Site for any illegal or unauthorized purpose 6. Your use of the Site will not violate any applicable law or regulation. 7. Use our Service for commercial purposes inconsistent with these Terms or any other instructions. 8. Infringe or violate the intellectual property rights or any other rights of others. 9. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service. 10. Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Clubs. If the Site verifies that the information was misleading and/or inaccurate, the Site will apply the policies described in the subtitle “Termination”. ## Limitations The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. ## Age Requirements The Site is intended for users who are at least 18 years old. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site. ## User Registration You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. ## Payments The Site uses a digital wallet to make payments through crypto-assets. The wallet must belong to you. The ownership of it will be validated through some KYC procedures. Payments made with a wallet that does not belong to you will not be reimbursed. There is no responsibility of the Site if you omit a process that could end up losing your money, including but not limited to sending wrong or incomplete information. ## Contributor Covenant Code of Conduct If you agree with the Terms and Conditions, automatically, you also commit to the accomplishment of the Contributor Covenant Code of Conduct. Although the latter has no legal enforceability, your reputation inside the community could be jeopardized if you transgress the mentioned code. ## Public Value Generation DEV Protocol aims to deliver value to the blockchain community. Therefore, you need to: - Willing to continue running a project or successor project to achieve a valuable public outcome. - Commit your efforts to enhance the community with knowledge and advice. - Provide real help to users in the community. - Engage in activities to add value to the community. - Report any external or internal harmful act or plan against the community. - Suggest improvements and lead their execution, following the organizational structure. ## Violations and Infractions By committing a violation and infractions, the Site is in its right to enforce the corresponding legal actions to solve the conflict. The Site reserves the right to consider violations and infractions of any actions that attempt to harm the work made by the community and its participants. Actions can materialize or not be considered as violations. Including, but not limited to: - Publish misleading information regarding the tokenizing process. - Avoid providing the information required on the eKYC process for domestic or international people. - Tokenize a malicious project. Malicious includes but is not limited to harming, diminishing, or going against the DEV Protocol community. - Use the received funds to finance any illicit activity, which includes but is not limited to prostitution, terrorism, arms manufacturing, drugs, alcohol, or tobacco production. - Use an already tokenized project for something that harms, diminishes, or goes against the DEV Protocol community. ## Modifications and Interruptions We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. ## Termination These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking specific IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information you posted at any time, without warning, at our sole discretion. We can terminate your account anytime if the information provided is not approved by any of the eKYC steps now or in the future. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Also, you will be on a blacklist, meaning that you will lose your tokenizing ability. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress. The latter will take place as a private demand using your uploaded personal information. Lastly, you and your tokenized asset will be publicly banned, making public your or related people’s actions. The Site takes the liberty to use your personal information and tokenized asset details to inform the community of your or related people’s transgression. ## Enforceability The Terms and Conditions have enforceability by Japanese jurisdiction as Frame00 inc, a legal entity of the Site, is formally constituted in Tokyo, Japan. Therefore, Frame00 inc, is on the right to begin a legal dispute if you transgress any clause described in the Terms and Conditions. ## Disclaimer The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site, and we will assume no liability or responsibility for: 1. Errors, mistakes, or inaccuracies of content and materials. 2. Unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein. 3. Interruption or cessation of transmission to or from the Site. 4. Bugs, viruses, trojan horses, or the like may be transmitted to or through the Site by any third party. 5. Errors or omissions in any content and materials or for any loss or damage of any kind incurred due to the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the Site. We will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of services. As with the subscription of service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. ## Intellectual Property Rights You are entirely responsible for how you use the Service and for any data you submit, including for adhering to all applicable laws, rules, and ordinances as well as these Terms and the aforementioned guidelines for acceptable user conduct. You grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes by using the Service in conjunction with creating, submitting, posting, promoting, or displaying content. This includes any digital file, work of art, or other content connected to or related to any NFTs shown on the Service. This license's sole objective is to enable us to offer and advertise memberships to the members of your community. For any content that you create, publish, post, promote, or display on or through the Service, you represent and warrant that you own, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein. You affirm and warrant that the content does not violate any laws and does not contain any materials protected by copyright, trademark, publicity, or other intellectual property rights unless you have the required authorization or are otherwise legally able to post the materials and grant Clubs the license outlined above. Finally, community Members are not permitted to make any unauthorized use of any works posted by creators. Collaborators need to have an explicit permit to use the creator’s property. Therefore, it is up to creators to elaborate and distribute consent authorization over the use of their works. ## Privacy Policy We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and services when you participate in activities on the Website (such as by posting messages in our online forums or entering competitions, contests) or otherwise when you contact us. The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make, and the products and features you use. The personal information we collect may include but is not limited to email addresses, usernames, contact preferences, contact or authentication data, digital wallet ID, and other similar information. All personal information you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information. We process your personal information for these purposes in reliance on our legitimate business interests to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We use the information we collect or receive: - Request feedback. We may use your information to request feedback and contact you about your use of our Website. - To enable user-to-user communications. We may use your information to help user-to-user communications with each user's consent. - To manage user accounts. We may use your information to operate our account and keep it in working order. - To send administrative information to you. We may use your personal information to send you the product, service, new feature information, and/or information about changes to our terms, conditions, and policies. - To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention). - To enforce our terms, conditions, and policies for business purposes, comply with legal and regulatory requirements, or connect with our contract. - To respond to legal requests and prevent harm. If we receive a subpoena or other lawful request, we may need to inspect the data we hold to determine how to respond. - To complete an eKYC procedure in accordance with the anti-money laundering (AML) and combating the financing of terrorism (CFT). ### Sharing We may process or share the data that we hold based on the following legal basis: Consent: We may process your data if you have given us specific permission to use your personal information for a particular purpose. Legitimate Interests: We may process your data reasonably necessary to achieve our legitimate business interests. Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our agreement. Legal Obligations: We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. ### Storage We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy unless a more extended retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this Privacy Policy will need us to keep your personal information for longer than the time in which users have an account with us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such data or, if this is not possible (for example, because your data has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. However, please note that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. ## Contact Us To receive further information regarding the use of the Site, please contact us at: Frame00 inc, Tokyo, Japan [support@frame00.com](mailto:support@frame00.com) Effective date of these Terms and Conditions: 08/30/2023.