1.1
These Terms of Service ("Terms") are agreements on rights, duties, and other required factors between
Play Toz Corp. ("we", "us", "our") and the user ("you", "your") for using www.tozuniverse.com
("Service").
1.2
This Service is provided to legal adults aged 19 and older. In case we confirm you are under the age
of 19, or there is a valid evidence to believe you are underage, we have the right to limit your usage
of account, usage of the Service, and other related assets and rights.The age considered as legal
adult may differ in each country, and you are restricted to use the Service if you are not considered
as legal adult in the country where you live in.
1.3
We have the right to run service policies ("service policies") needed to use the Service, and you are
required to comply with the service policies when using the Service. The service policies will be
applied as you agree to these Terms.
1.4
The Service may change at all times based on blockchain network, technique, and technical environment,
and you agree with this.
2. Service Usage & Terms Validity
2.1 Starting with the Service : In order to use the Service, you need to
link your WEMIX Wallet, or MetaMask, and agree with these Terms. For a detailed description on how to
start with the Service, please refer to (How to start).
2.2Validity & Revision of Terms : While in compliance with related
legislations & regulations, we may revise these Terms, and will inform the revised Terms in
advance.You may suspend or terminate usage of the Service anytime in case you do not agree with the
revised Terms. However, if you continue to use the Service after the Terms have been revised, you are
considered to agree with the revised Terms.
2.3Service Policies : We have the right to run service policies required
to use the service, and you are required to comply with the service policies when using the
Service.Furthermore, we may revise the service policies anytime.
2.4Limitations on the Service : We may limit the usage of the Service in
countries with high degree of danger to prevent any illegal activities such as money laundering.
3. FAM NFT
3.1
The Service is centered around PFA(Profile Avatar) FAM NFT and the metaverse ecosystem. The function,
purpose, and name of FAM NFT may differ based on level and collection. Each property of TOZ FAM NFT
may be updated based on our status. For further information on usage & conditions, acquisition, and
ways to increase the level, please refer to this page (FAM NFT Link) in the
Service.
3.2Acquisition : In case you acquire FAM NFT according to these Terms, you
are given the possession of the FAM NFT, and can trade or yield the earned FAM NFT while complying
with the limitations set by the Service and any other related services. We may deprive or take
appropriate actions on the possession of FAM NFT in case there were any illegal or inappropriate
actions in the process of acquisition, or in case the acquisition was made for any illegal or
inappropriate purposes.
3.3NFT License Range : Under the conditions of you to abide by the
policies set by us, we will provide a license which is non-exclusive, unable to be yielded, and
royalty-free. The license is a permit to use the image of the purchased or acquired FAM NFT worldwide,
limited to the purposes below:
- For individual's non-commercial use.
- For accessing NFT trade platform that allows purchase and sale of FAM NFT.
-For third party website or application which allows the accomodation, linkage,
or participation of FAM NFT.
3.4Limitations on Refund : FAM NFT provided free of charge by us cannot be
refunded. In addition, TOZ FAM NFT acquired through exchange between users or secondary transactions
cannot be refunded.
3.5Revision and Suspension & Termination : We may revise the policies of
FAM NFT on publishment and support. The revision or termination of support policy includes the
revision or termination of the usage of FAM NFT, but is not limited to. These revisions may affect the
usage, range of usage, and value of the FAM NFT already acquired by you. In case we publish additional
FAM NFT, suspend or terminate the usage, we will inform you with appropriate method in advance.
3.6Disclaimer : We hold disclaimer on any responsibilities regarding the
loss (includes, but is not limited to loss from purchase of FAM NFT from another user) suffered by you
through continuously acquiring or being incapable of using FAM NFT.
4. LUCKY POINT
4.1
Point : The company grants points to users based on their service participation or activities, such as
Lucky Point, TOZ Point, etc. These points can be used in the service, either by participating in
events or by exchanging them in a method determined by the company. It is important to note that
points granted by the company to users have no monetary value and cannot be exchanged for cash or
equivalent transactions. These points are not considered currency or any type of property with
monetary value. It is also important to keep in mind that direct purchasing using these points is not
allowed.
4.2Conveyance : Points may not be sold, traded, exchanged, or transferred
in any way not authorized by the company. Points cannot be used alone or in conjunction with a third
party. We are not responsible for any loss resulting from these course of actions, including any
suggestions & attempts, or agreements between users that may resemble the above actions.
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4.3Revision and Suspension & Termination : We may revise or terminate
policies related to Point including, but not limited to ways to acquire, the usage, or expiration
conditions of Lucky Point anytime without any announcements in advance. Points not used until the
expiration date set by us will automatically be expired. In case you terminate or withdraw from the
Service, the existing Lucky Point will expire, and will not be restored even after you decide to sign
in once again.
4.4Disclaimer : You are responsible for managing your Point, and we are
not responsible for any loss resulting from the usage, possession, or management of the Point held by
you. Moreover, we are not responsible in everyway for any loss you may suffer resulting from
constantly acquiring, or being unable to use the Point.
5. TOZ Universe Store
5.1
TOZ Universe Store: Members can purchase paid items such as Puzzle Piece (referred to as “Items,
etc.”) that can be used in the service at TOZ Universe Store (referred to as “Store”).
5.2
Payment Method: You can purchase the Items through methods set by us. However, among the methods we
have set, there may be payment methods serviced by third party providers. In case you decide to use
such payment method, the payment amount follows the policy of the third party provider.
5.3
Conditions: We may change the conditions on usage of the Items, and will inform you in advance when
doing so.
5.4Limitations on Refund : Items you have purchased are only eligible for
a refund only in one of the following situations. Furthermore, when payment method serviced by third
party provider was used in process of the purchase, you will follow the third party provider's refund
policy.
You could not receive the Item purchased due to system error.
You cannot use the Item due to system error.
Payment error occured due to system error.
6. Duty of User
6.1Restrictions : You are restricted from performing any of the activities
listed below. In case you do not abide by the restrictions below, we may limit or restrict you from
using the Service.
Violating the Terms.
Stealing another user's account or password, and using them inappropriately.
Uploading or linking any inappropriate files or website to discussion forum or
any other public spaces.
Violating the rights (e.g. copyright) of us or any other third party.
Damaging any information or facilities related to the Service.
Collecting, storing, or exposing another user's privacy.
Distributing false information to cause another user to suffer a loss, or to
benefit oneself or third party.
Sending or uploading information (SW included) restricted by related
legislation.
Impersonating as our or related firms' employee to steal another user's account
or privacy.
Using NFT for commercial purpose such as advertising one's or third party's
service or product.
Publishing another type of NFT connected to TOZ FAM NFT.
Applying for or acquiring (third party action included) any intellectual
properties by using works utilized by holding TOZ FAM NFT.
Attempting to manipulate the price of TOZ FAM NFT by repeatedly trading with
related third party.
Attempting any other illegal actions, or actions that may interrupt the
operation of the Service.
6.2
Responsibilities on Managing Created Account & Information:
The responsibility to manage personal information used in WEMIX Wallet or
MetaMask such as private key, login account, login password, private key password, and secret code
is on you, and should prevent third party from accessing them. Furthermore, due to the trait of
decentralization, we cannot provide any assist in case any of the above information is stolen,
exposed, lost, or damaged.
In case you lose the rights on intellectual property by losing your right on
WEMIX Wallet, MetaMask, or privacy, we do not hold any responsibility.
You agree to hold every responsibility followed by using the Service. Moreover,
you are restricted to share personal information related to the Service, and are obliged to manage
and protect personal information by yourself.
6.3
Responsibilites on Items & Intellectual Properties: Regarding the Items & Intellectual Properties in
the Service, you agree to the following conditions.
We are responsible only for the management of the Service, and do not act as a
deputy for any transaction of the Items & Intellectual Properties in the Service. You are
responsible for any trade and related exchange of information.
Every transaction requires the user’s signature. Therefore, you are responsible
for taking care of the password, secret code, and private key required for transactions.
6.4
Duty of Care: You agree to the following as you use the Service.
You are required to hold sufficient knowledge on advantages, disadvantages, and
any dangers followed by using intellectual property and blockchain technology before using the
Service.
You are restricted from using the Service for any illegal purpose, or being
related to any illegal activities.
You will control proofs of qualification (information such as email address and
password required to use the Service), and will not act on behalf of any third party.
You are obliged to be aware of any latest information related to any NFT/Service
provided by us, and we are not responsible for any loss suffered by not doing so.
7. Management & Use of the Contents
7.1Using the Contents : Copyrights and other intellectual properties on
contents of this Service or any other services provided by us,belongs to us. You are restricted from
copying, sending, editing, announcing, exposing, distributing, broadcasting, or creating derivative
works of copyrights & other intellectual properties that belongs to us for commercial purpose.
7.2Use of the Contents : We may freely use the contents (announcing,
copying, exposing, sending, distributing, broadcasting, creating derivative works, and etc.) uploaded
by you in this Service without any limitations on area and date. However, we will not lease/rent, or
sell the contents without your permission.
7.3Management of the Contents : In case the contents uploaded by you are
considered to violate our regulations, we may delete, move, or reject the publishment of the contents
without any notification in advance. In case you consider the contents & information uploaded in this
Service influence your legal benefits, you may request a termination of the content & information, or
request an upload of a rebuttal. In this case, we will take quick action, and inform the requester.
7.4Validity : These terms are valid as we run the Service, and will have
effect even after you decide to withdraw, terminate, or unlink from the wallet.
8. General
8.1Warranty : This Service may contain links to websites/services ("third
party service") of our partners or third party. These third party services exist for your convenience,
and the safety or appropriateness is not guaranteed, suggested, or meant by us. Furthermore, we do not
guarantee or affirm the third party services. We do not hold responsibility for the loss you may
suffer through using the third party services.
8.2Update : For valid purpose, we may distribute or provide patch, update,
upgrade, contents, or revisions related to this Service. This may cause the Service to be unavailable
temporarily. In particular situations, we may temporarily pause or shut down the Service during the
distribution of updates. In these cases, we will inform you through announcements, pop-up messages, or
through your email. Exemptions may be made in cases where we cannot predict or control the shut down
or pause. However, even in these cases, we will try our best to fix the issue as soon as possible.
8.3Policies on Fraud : Fraud in this particular Service refers to any
actions taken to deceive other users for own benefit. In order to provide safe environment, we may ban
the perpetrator from our Service after a thorough review on the reported fraud. However, the loss
suffered by the victim occurs due to one's lack of attention, and therefore cannot be compensated.
8.3Policies on Fraud : In case the contents uploaded by you are
considered to violate our regulations, we may delete, move, or reject the publishment of the contents
without any notification in advance. In case you consider the contents & information uploaded in this
Service influence your legal benefits, you may request a termination of the content & information, or
request an upload of a rebuttal. In this case, we will take quick action, and inform the requester.
8.4Policies on Theft of Account : Account theft refers to stealing
information from another user's account without permission, and using the stolen account to damage any
information (MetaMask password, private key, secret code, possessions, and etc.) of the owner. Account
theft is a violation of related legislation, and we do not hold any responsibility on both civil &
criminal litigations that may occur to you by violating the legislation. Furthermore, once account
theft has been confirmed, every account related to the theft may be restricted from usage.
8.5Policies on Service Incidents : Regarding intellectual properties lost
through incidents in the Service, restoration will be processed as long as the lost intellectual
properties are possible to be tracked, and the restoration does not impact the management of the
Service. However, any data changed due to your mistake is not eligible for restoration.
8.6Policies on Privacy : By the related legislation, we will put effort in
keeping your privacy safe, and the protection & usage of privacy will follow the related legislation
and our policies on privacy. However, our policies on privacy does not apply to third party services,
and will follow the policy of the third party provider. For particular services, information not
related to your privacy (character, status, and etc.) may be exposed. We will not provide your privacy
to other users without permission, except when requested by related institutions in accordance with
the legislation. Due to the your responsibility on managing privacy, we are not responsible for your
loss caused by exposure of privacy.
8.7External NFT : You are at own risk when publishing, purchasing, and
selling NFTs of external service. We do not take responsibility or regulate publishment, purchasement,
or sale of NFTs processed externally. We are not responsible for any compensations or disclaimer that
may result from trade of NFTs or any related actions processed externally.
8.8Tax : You are responsible for the current and future tax imposed by the
government related to the Service. Furthermore, it is your responsibility to pay and fill out tax
returns to the tax administration. We are not responsible to collect or report your tax amount, and
you agree to this.Furthermore, it is your responsibility to pay and fill out tax returns to the tax
administration. We are not responsible to collect or report your tax amount, and you agree to this.
9. Compensations & Disclaimer
9.1Compensations : Both us and you need to compensate for damages caused
to each other by violating these Terms. However, this does not apply when there was no intention or
liability. In case we make an affiliate agreement to provide individual service to you, and you agree
to the terms of the affiliate, and a loss occurs to you due to the affiliate, the affiliate takes the
responsibility.
9.2Disclaimer : We are not responsible for the following circumstances
unless the circumstance was caused by our intention or mistake.
When it is impossible to provide the Service due to natural disasters (including
the pandemic) or equivalents.
Loss due to any maintenance or equivalents on the facilities used for the
Service.
Service incidents due to your intention or mistake. However, this does not apply
when the you have a valid reason.
Loss due to any information or data uploaded to the Service by you.
Dispute or exchange occured using the Service between you and other users/third
party.
Loss suffered by you due to usage of the Service.
Change in value of your intellectual properties.
Loss due to incautious management of your account information.
The whole or partial Service being unavailabe due to your change in device,
mobile code, OS version, provider of telecommunications, or by using roaming service.
The rules and regulations on blockchain & intellectual property are uncertain
and subject to change. Changes in the rules and regulations may affect our Service, and loss may
follow due to the changes.
10. Others
10.1
Disclaimer: In case a dispute arises between you and other users, you guarantee us (including
employees, deputies, subsidiaries, and joint ventures) a disclaimer on every type of claim/charge,
request, direct & indrect damage, litigation, and verdict.
10.2Jurisdiction & Governing Law : These Terms are interpreted, and are in
accordance with the governing law of Singapore. In case any disputes arise between us and you, both
parties should work to resolve the dispute, and you may request help@playtoz.com for a resolution to
the dispute. In case the dispute is not resolved even with the above efforts, a lawsuit may be filed,
and you agree to assign court of Singapore as the jurisdiction.
10.3Severability : In case part of these Terms are considered illegal,
invalid, or unable to be executed according to the provincial law & jurisdiction, those Terms will no
longer have effect in that province. However, remaining Terms are still in effect.
11. Definitions
Definition of the words and expressions used in thses Terms are as follows:
11.1
“User” refers to whoever uses the Service by linking own WEMIX Wallet or MetaMask (”wallet”) by
following the process required from us.
11.2
“Intellectual property” refers to every digital asset of blockchain data including blockchain
technology, cryptocurrency, game token, coin, NFT and intellectual properties derived.
11.3
“NFT (Non-fungible Token)” refers to a token, an intellectual property in blockchain technology, which
cannot be replaced by another token.
11.4
“Cryptocurrency” refers to a published coin (cryptocurrency published through independent blockchain
network mainnet) or a token (cryptocurrency published through public chain mainnet without independent
blockchain network mainnet) using blockchain technology.
11.5
“Private key” refers to the code (numbers & digits) which matches 1:1 to the wallet address, and is an
important key to process every signature of the wallet. Private key gives the authority to provide
signature, and therefore, others may provide valid signature when exposed. Close attention is needed
when being taken care of.
11.6
“TOZ Universe” is an environment based on FAM NFT, and refers to every service including the
management of website, affiliate contents, roadmap & storytelling, Lucky Point, and communities.
11.7
“TOZ Token” refers to the currency (token) used to access contents or Items in the Service.
11.8
“FAM NFT” refers to NFTs issued by the company when users sign up for
(connect their wallet to) the service.
11.9
“Puzzle Piece” refers to Items used in the Service to increase levels of FAM NFT.
11.10
“Lucky Point” refers to points used for particular purpose in the Service. Purpose and authorized
usage of lucky point may be updated depending on our conditions.
11.11
"TOZ Point" is a point that can be earned by participating in various events within this service.
These points can be exchanged for TOZ Tokens at a set rate. Instructions for using these points may be
updated from time to time by the Company.
11.12
“TOZ Universe Store” refers to a shop which provides sale of Items or related currencies to you in the
Service.