These terms may be modified, changed, supplemented or updated by Unicorn.win (“Unicorn.win”, “we”, “us” or “our”) in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. Your continued use of this Website will confirm your acceptance of these terms as modified, changed, supplemented or updated by us. If you do not agree to such revised terms you must stop using this Website and any information, links or content contained on this Website.
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to this Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Unicorn.win Services” or “Services” refers to the Site, Unicorn.win App, Service Content and all related features, services, content and applications (including those described at Clause 2.1) which Unicorn.win may make available to you from time to time in respect of your Stored Digital Asset;
“Digital Asset” means any sort of cryptographic tokens, digital currencies, cryptocurrencies or virtual currencies, or digital assets not falling within the classification of a financial instrument in terms of the Virtual Financial Assets Act;
“Digital Asset Conversion” shall have the meaning ascribed to the term in Clause Below;
“Digital Asset Transfer” shall have the meaning ascribed to the term in Clause 2.1(d);
“Digital Asset Wallet” shall have the meaning ascribed to the term in Clause 2.1(a);
“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the Unicorn.win App and Unicorn.win App Services;
“Fees” means all fees imposed by us for the use of the Unicorn.win App Services and/or Digital Asset Wallet;
“Force Majeure Event” means an event or failure which is beyond our reasonable control including:
(i) Acts of God, nature, court or government;
(ii) failure or interruption in public or private telecommunication networks, communication channels or information systems;
(iii) acts or omissions of acts of a party for whom we are not responsible;
(iv) delay, failure or interruption in, or unavailability of, third party services and sites;
(v) strikes, lockouts, labour disputes, wars, terrorist acts and riots;
(vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Unicorn.win Application Services;
“Fork” has the meaning given to it in Clause Below;
“Fork Network” has the meaning given to it in Clause Below;
“include/including” means to include without limitation;
“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to you;
“Payment Service Partners” has the meaning given to it in Clause Below;
“Permitted Bank” has the meaning given to it in Clause Below;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Service Content” means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and Unicorn.win App;
“Site” means the website at Unicorn.win;
“Stored Digital Asset” shall have the meaning ascribed to the term in Clause 2.1(a); “Taxes” means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law;
“Terms” or “T&Cs” means these terms and conditions, including all Annexes;
“Trade Marks” shall have the meaning ascribed to the term in Clause 11.1(a);
“Transaction History” means your transaction history and details on your Digital Asset Wallet;
“Unsupported Forked Network” has the meaning given to it in Clause Below;
“Virtual Digital Asset” shall have the meaning ascribed to the term in Clause 9.1;
“We/us/our” means Unicorn.win;
“You/your” means, jointly and severally, the individual(s) who is/are the user(s) of the Unicorn.win App Services.
03 USE OF WEBSITE
The purpose of our Website is to provide you with you some general information about the software being developed by Unicorn.win. You must not breach any of the following terms or our Acceptable Use Policy set out below.
04 THE SERVICES
The Unicorn.win App Services shall comprise the following services:
(a) hosted Digital Asset (“Digital Asset by Unicorn.win that allow you to store with Unicorn.win, the types of Digital Asset that have been approved by Unicorn.win for storage in the Digital Asset Wallet;
(b) a fiat currency conversion service under which you may convert fiat currency into any type of Stored Digital Asset to be held in your Digital Asset Wallet (“Fiat to DA Conversion”);
(c) a Digital Asset conversion service under which you may convert Stored Digital Asset into other Stored Digital Asset (“Digital Asset Conversion”);
(d) a Digital Asset transfer service under which you may transfer any Stored Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the Unicorn.win App Services or an external recipient (“Digital Asset Transfer”);
(e) any incentive programme(s) (including but not limited to any kind of reward, cashback, Digital Asset staking or referral programmes) that may be launched via the Unicorn.win App or the Site from time to time; and
We reserve the right to and without liability to you to:
(a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the Unicorn.win Services or change any features, module/component or content thereof;
(b) decline, suspend, cancel, reverse, void or partially execute any Fiat to DA Conversion, Digital Asset Conversion or Digital Asset Transfer instruction; or
(c) reverse, cancel or refuse to honour any pay-out for any incentive programmes regardless of your entitlement.
We reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your account, including without limitation:
(a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;
(b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing of any of our incentive schemes;
(c) upon reasonable suspicion that a transaction is erroneous;
(d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorised manner;
(e) upon any reasonable suspicion or money laundering, terrorist financing, fraud or any other financial crime; or
(f) whereby any of your wallets/you are subject to pending litigation, investigation or government proceedings.
In the event that we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed or terminated transactions at the same price or on the same terms.
We do not guarantee that any specific content, component and/or feature will always be available on the Unicorn.win App Services.
05 RISK OF USING DIGITAL ASSETS
All transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network.
A transaction is not complete while it is in a pending state. Virtual Digital Assets that are in a pending state will be designated accordingly, and the relevant Stored Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.
The risk of loss in holding of Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial condition. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use an Unicorn.win App Services which allows you and/or third parties to access and hold Stored Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Stored Digital Asset resulting from theft, loss, or mishandling of Stored Digital Asset private keys outside our control.
We are not responsible for the Digital Asset market, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we provide historical and/or real-time data regarding the price of Digital Assets, we make no representations regarding the quality, suitability, truth, usefulness, accuracy, or completeness of such data, and you should not rely on such data for any reason whatsoever. You understand and agree that the value of Digital Assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the Unicorn.win App Services delayed, suspended, or interrupted for any reason.
We do not provide investment advice and any content contained on the Site should not be considered as a substitute for tailored investment advice. The contents of the Site should not be used as a basis for making investment decisions and is not intended as an attempt to market or promote any type of Digital Asset.
06 THE Unicorn.win APP
The Unicorn.win application gives you interactive access to the Non-Fungible Tokens (NFTs) Marketplace, including allowing you to perform one or more of the following actions:
(a) view your digital assets, view your non-fungible digital assets (NFTs) and transaction history;
(b) send and receive digital assets within the app;
(c) place bids on auction items to acquire digital assets;
(d) stake your digital assets;
07 OPEN SOURCE SOFTWARE
We may make (but are not obligated to make) the source code for the software we develop available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source software.
When we host any software and enable you to access and use such software through our websites including this Website, then these terms will apply to such access and use, as well as any license agreements that we may enter into with you.
08 THIRD PARTY CONTENT
We may display third-party content, advertisements, links, promotions, logos and other materials on our Website (collectively, the “Third-Party Content”) for your convenience only. We do not approve of, control, endorse or sponsor any third parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party sites linked to our Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date.
09 USER CONTENT
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our Website (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our Website do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via our Website or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our Website, and you represent and warrant that:
(i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms;
(ii) your User Content will not violate any agreements or confidentiality obligations; and
(iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Unicorn.win Parties (as defined below) or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant Unicorn.win, its affiliates and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at support[@]Unicorn.win, so that we can communicate with you effectively and provide accurate and up to date information to you.
If you decide to submit questions, comments, suggestions, ideas, original or creative materials or other information to us (collectively, “Feedback”), you do so on your own accord and not based on any request or solicitation from us. Feedback does not include User Content. We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback. The purpose of these terms is to avoid potential misunderstandings or disputes if Unicorn.win’s products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback. If you decide to send us Feedback, you acknowledge and understand that the Unicorn.win Parties make no assurances that your Feedback will be treated as confidential or proprietary.
11 AGGREGATE INFORMATION
12 INTELLECTUAL PROPERTY
Unicorn.win and its licensors retain all right, title and interest in and to this Website and its products and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on our Website and nothing on this Website may be copied, imitated or used, in whole or in part, without our or the applicable licensor’s prior written permission. Unicorn.win reserves all rights not expressly granted.
13 ANY UNAUTHORIZED REPRODUCTION IS PROHIBITED
You may only access, use and print the information and material on this Website for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices.
You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialise, publish or create derivative works from any part of the content, format or design of this Website.
If you seek to reproduce or otherwise use the content on this Website in any way it is your responsibility to obtain approval from us for such use. Nothing in these terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Unicorn.win or any third party, whether by estoppel, implication or otherwise.
14 ACCEPTABLE USE POLICY
You must only use the content or services provided through this Website for their stated purpose. You must not use this Website to:
(a) publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libellous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
(b) display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
(c) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Website;
(d) violate any applicable laws or regulations;
(e) use this Website or links on this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Website or links on this Website or that could damage, disable, overburden or impair the functioning of this Website or our servers or any networks connected to any of our servers in any manner;
(f) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of this Website or a Unicorn.win representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
(g) mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
(h) disguise the origin of any material transmitted through the services provided by this Website (whether by forging message/packet headers or otherwise manipulating normal identification information);
(i) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
(j) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
(k) send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material;
(l) access any content, area or functionality of this Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Website;
(m) obtain unauthorised access to or interfere with the performance of the servers which host this Website or provide the services on this Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
(n) attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
(o) obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website or its services;
(p) harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner;
(q) use any part of this Website other than for its intended purpose; or
(r) use this Website to engage in or promote any activity that violates these terms.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “Unicorn.win Parties”) from and against all claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from or relate to:
(i) your access to or use of our Website, products or services;
(ii) your User Content;
(iii) any Feedback you provide; or
(iv) your violation of these Terms.
We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Unicorn.win.
THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS, ADEQUACY, AVAILBILITY, SUITABLITY OR OPERATION OF THIS WEBSITE, ANY PRODUCTS OR SERVICES WE MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS.
EACH OF THE Unicorn.win PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION:
(A) ANY WARRANTY WITH RESPECT TO THE CONTENT, INFORMATION, DATA, SERVICES, AVAILABLITY, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE;
(B) ANY WARRANTIES THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS;
(C) ANY WARRANTIES THAT THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS PROVIDED THROUGH IT ARE ERROR-FREE OR THAT DEFECTS IN THIS WEBSITE, ITS CONTENT OR SUCH SERVICES OR PRODUCTS WILL BE CORRECTED;
(D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(E) ANY WARRANTIES THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT; AND
(F) ANY WARRANTIES OF NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THIS WEBSITE. THE Unicorn.win PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS PRODUCTS, SERVICES AND/OR THE MATERIALS DESCRIBED ON THIS WEBSITE AT ANY TIME.
In addition, to the maximum extent permitted by law, none of the Unicorn.win Parties shall be responsible or liable for:
(a) any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Website or any of its content;
(b) any reliance on, or decision made on the basis of, information or material shown on or omitted from this Website;
(c) any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs;
(d) any matter affecting this Website or any of its content caused by circumstances beyond our reasonable control;
(e) the performance of this Website and any fault, delays, interruptions or lack of availability of this Website and any of the services or products provided through this Website, which may occur due to increased usage of this Website, intermittent failures of this Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
(f) any information or material on any website operated by a third party which may be accessed from this Website.
IN NO EVENT WILL THE Unicorn.win PARTIES BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, INCIDENTAL, ACTUAL, EXEMPLARY, PUNITIVE OR SPECIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES) REGARDLESS OF WHETHER THE Unicorn.win PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITIES, LOSSES, COSTS OR EXPENSES, ARISING OUT OF OR IN CONNECTION WITH:
(A) THE USE OR PERFORMANCE OF THIS WEBSITE;
(B) ANY PROVISION OF OR FAILURE TO PROVIDE THIS WEBSITE OR ITS SERVICES (INCLUDING WITHOUT LIMITATION ANY LINKS ON OUR WEBSITE);
(C) ANY INFORMATION AVAILABLE FROM THIS WEBSITE;
(D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY;
(E) UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE TRANSMISSION OF DATA OR CONTENT TO OR FROM US; OR
(F) THE FAILURE TO RECEIVE IN ANY WAY THE TRANSMISSION OF ANY DATA, CONTENT, FUNDS OR PROPERTY FROM YOU. IN NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF THE Unicorn.win PARTIES ARISING UNDER THESE TERMS EXCEED $5.00 USD.
These terms are governed by the laws of the state where company is incorporated. All claims arising out of or relating to these terms will be litigated exclusively in the courts of the Seychelles and we and you consent to personal jurisdiction in those courts.
These terms control the relationship between us and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein.
If you have any questions regarding these terms, please contact us at support[@]Unicorn.win.