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Terms of Service

These Terms of Service apply from September 19, 2022.

Article 1 [Purpose)

The purpose of these terms and conditions is to define the rights, obligations and responsibilities of users when using the related services (referred to as “services”) provided by Xclusive operated by Finger Labs (referred to as “Company”).

Article 2 (Definition)

  1. 1.
    'Service' refers to overall issuance and transaction support and usage support related to services for artists who want to issue Non-fungible Tokens (NFTs) handled on Klaytn and Ethereum Network and users who want to buy and sell issued NFTs.
  2. 2.
    ‘Platform’ refers to a common execution environment that provides the overall functions of Xclusive.
  3. 3.
    ‘NFT’ is an abbreviation of ‘Non-fungible Token’ and refers to a token with unique and non-interchangeable attribute values.
  4. 4.
    ‘User’ refers to the person who receives the service provided by Xclusive in accordance with these terms and conditions.
  5. 5.
    'Artist' refers to a person who provides NFT's works that are primarily sold within Xclusive in accordance with these terms and conditions.

Article 3 (Content of Service)

  1. 1.
    The ‘service’ provided by the ‘company’ enables ‘users’ to register, sell, and bid for ‘art’, and the ‘company’ plays a role by providing a ‘platform’ that enables the above services.
  2. 2.
    'Artist' can bid and make purchases for 'NFT' exposed on the 'platform'.
  3. 3.
    The 'art' of the 'artist' is manually registered on the 'platform' by the 'company', and the 'user' can bid and purchase.
  4. 4.
    Transaction records of 'users' are recorded in the distributed ledger of Ethereum or Klaytn Network depending on the selected chain.

Article 4 (Amendment, Posting and Delivery of Terms and Conditions)

  1. 1.
    The company posts the contents of these terms and conditions on the initial screen of the service for users to easily understand.
  2. 2.
    The Company shall comply with the “Act on Regulation of Terms and Conditions”, “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (hereinafter referred to as the “Information and Communications Network Act”), “Personal Information Protection Act,” “Acts on Reporting and Use of Specific Financial Transaction Information, etc. (hereinafter referred to as the “Special Provisions Act”)”, etc., may revise these Terms and Conditions to the extent that they do not violate the relevant laws.
  3. 3.
    When the company revises the terms and conditions, the date of application and the reason for the revision shall be specified and the current terms and conditions shall be notified in accordance with the method of Paragraph 1 from 15 days before the effective date of the revised terms to the day before the effective date.
  4. 4.
    Even though the company has clearly notified or notified that if the company does not express its intention to the member within the 15-day period while announcing or notifying the amended terms and conditions in accordance with the preceding paragraph, the user has explicitly notified or notified that the intention has been expressed. If not, the user agrees to the revised terms and conditions.
  5. 5.
    If the user does not agree to the application of the revised terms and conditions, the company cannot apply the revised terms and conditions, and in this case, the member may terminate the use contract. However, if there are special circumstances in which the existing terms and conditions cannot be applied, the company may terminate the contract of use.

Article 5 (Rules other than the terms and conditions)

Regarding matters not stipulated in these Terms and Conditions and the interpretation of these Terms and Conditions, if there are individual terms of use, operating policies and rules, etc. (hereinafter 'Detailed Guidelines') of the service set by the relevant laws of the Republic of Korea or the company, the individual terms of use and operation of the service Follow the provisions of our policies and rules. Also, if there is a conflict between these terms and conditions and the detailed guidelines, the detailed guidelines will follow.

Article 6 (Suspension of Service)

  1. 1.
    ‘Service’ may temporarily suspend the provision of services in the event of maintenance, replacement, breakdown of information and communication facilities such as computers, or interruption of communication.
  2. 2.
    ‘Service’ compensates for damages suffered by users or third parties due to the temporary suspension of the provision of services due to the reasons set out in Paragraph 1 above. However, this is not the case if it is proved that there is no intention or negligence of the ‘service’.

Article 7 (Obligation to protect personal information)

  1. 1.
    The company does not collect or use users' personal information through the service.
  2. 2.
    If the items of personal information collected or the purpose of use are changed, efforts will be made to protect members' personal information in accordance with relevant laws such as the “Personal Information Protection Act” and the “Information and Communications Network Act”. Also, about privacy policy and use, the company’s privacy policy will be applied.

Article 8 (Obligations of the Company)

The company does not engage in acts prohibited by relevant laws and these terms and conditions or contrary to common sense, and does its best to provide continuous and stable service.

Article 9 (Smart Contract)

All transactions from ‘users’ are recorded through smart contracts on the Ethereum or Klaytn blockchain. Because blockchain has great volatility in asset prices and is based on decentralized technology that is out of one-way control, the company is not responsible for any damage caused by technical problems on the blockchain.

Article 10 (Author's Rights)

  1. 1.
    ‘Artist’ is paid royalties from the sale of ‘NFT’ in ‘Service’ according to the smart contract. Royalty is in exchange for transactions and sales on the decentralized “platform”, and the “company” does not guarantee royalties.
  2. 2.
    When an 'artist'’s 'art' is resold by a 'user', the royalties set before the initial sale are continuously received.

Article 11 (Author's Duty)

When using the 'service', the 'artist’' must not engage in any of the acts falling under the items below.
  1. 1.
    The 'artist’' is an act that infringes the copyrights of others or includes false facts in the 'art'.
  2. 2.
    Acts that damage the reputation of the ‘platform’ or other third parties or interfere with their art.
  3. 3.
    The act of disclosing or posting obscene or violent messages, images, voices, or other information that goes against public order and morals on the 'art'.

Article 12 (Obligations of 'Service')

'Service' does not engage in acts prohibited by laws and these terms and conditions or contrary to public order and morals, and does its best to provide goods and services continuously and stably as stipulated in these terms and conditions.

Article 13 (Obligations of Users)

'user' shall not engage in any of the following actions when using the 'service'.
  1. 1.
    Registration of false information when applying or changing
  2. 2.
    Stealing information from others
  3. 3.
    Transmission or posting of information other than the information set by the ‘platform’
  4. 4.
    Infringement of intellectual property rights such as copyrights of the 'platform' and other third parties
  5. 5.
    Acts that damage the reputation of the ‘platform’ or other third parties or interfere with their work
  6. 6.
    Acts of disclosing or posting obscene or violent messages, images, voices, and other information that goes against public order and morals