Terms and Conditions
Effective Date : 28 June 2023
Last Update : 28 June 2023
Maxion Tech Co., Ltd. ("Maxion," "we," "us," or "our") welcomes you to its platform. The Maxion platform website(s), APIs, and any live support, software, tools, features, or functionalities provided on or in connection with our services, which include an NFT marketplace for games and a Decentralised Exchange for token exchanges (collectively, the "Service"), are governed by these Terms of Service ("Terms"). "NFT" refers to a non-fungible token or similar digital item implemented on a blockchain, such as the Ethereum blockchain, that uses smart contracts to link to specific content or data.
"User," "You," and "Your" refer to you, the Service user, in these Terms. "You" includes you and any company or other entity you use the Service for. You represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity. Please read these Terms carefully before using the Platform.
1. Acceptance of Terms
BY CLICKING TO ACCEPT, SIGNING, AND/OR USING OUR SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS, INCLUDING ALL REFERENCED TERMS. If you do not agree with these Terms, you may not use the Platform.
2. Wallet Connection and Usage
a. Maxion does not offer wallets. Maxion's peer-to-peer web3 service helps users interact with public blockchain NFTs & Token. We do not hold, transfer, or sell NFTs or blockchains. Our Service requires a third-party blockchain wallet.
b.To access and use certain features of the Platform, including the NFT marketplace and decentralized exchange, you will need to connect and sign your wallet. By connecting and signing your wallet, you authorize the Platform to interact with your wallet and perform transactions on your behalf.
c. You are solely responsible for the security and confidentiality of your wallet and the associated private keys or mnemonic phrase. You understand and acknowledge that any transactions initiated through your wallet are irreversible, and we shall not be responsible for any losses or damages resulting from the misuse or unauthorized access to your wallet.
d. No user agreement involves Maxion. Using the Service, you must verify the identity, legitimacy, and authenticity of NFTs purchased from third-party sellers. We do not guarantee the identity, legitimacy, functionality, or authenticity of users or NFTs (including associated content) on the Service.
3. Platform Usage
Our services require a blockchain address and a wallet provided by a third party. Maxion identifies you via your blockchain address. Your Service Account will display NFTs and Tokens from the blockchain address you have associated. Personalise your Maxion profile by uploading an image.
When using our service, you agree to the wallet provider's terms and conditions. Maxion does not control your wallet's contents. We cannot access or transfer the contents of your wallet. Maxion does not guarantee compatibility of wallets with our Service. Never share your private key or seed phrase. Contact your wallet's provider if any problems arise. Maxion is not liable for your actions, omissions, or account compromises. Please report immediately for any Service or Account security issues.
You agree to abide by all applicable local, state, and federal laws when using our Service. To comply with legal requirements and to protect our users and platform, we may limit, suspend, or terminate your Service access. Such actions are not required to be disclosed by Maxion.
Furthermore, you affirm and guarantee that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction"); (b) you are not subject to any sanctions administered by any government agency, the United Nations, or any other governmental body ("Sanctions"); (c) you are not directly or indirectly owned or controlled by any individual or entity subject to Sanctions or located in, ordinarily resident in, or organized under the laws of an Embargoed Jurisdiction; (d) none of your officers, managers, directors, shareholders, or authorized representatives are subject to Sanctions or located in, ordinarily resident in, or organized under the laws of an Embargoed Jurisdiction, nor are they directly or indirectly owned or controlled by any individual or entity subject to Sanctions or located in, ordinarily resident in, or organized under the laws of an Embargoed Jurisdiction; (e) you have not engaged and will not engage in transactions with any individual or entity falling within (a)-(d); (f) you have not acted and will not act for the benefit of any individual or entity falling within (a)-(d). You also agree to uphold the preceding clauses throughout the duration of this agreement. If you access or use the Service outside the United States, you are solely responsible for complying with local law.
Maxion may request additional information and documentation in response to a request from a government authority, to comply with applicable laws or regulations, to provide a requested service, or to investigate a possible violation of these Terms. Maxion reserves the right, at its sole discretion, to disable your Account and restrict your access to the Service pending the review and processing of the requested information and documents. Your access to the Service may be denied if you do not provide accurate and complete information.
Please be aware that Service interruptions may be caused by equipment malfunctions, periodic updates, maintenance or repairs, geographic restrictions, potential violations of these Terms, or other actions deemed necessary by Maxion in its sole discretion. Maxion reserves the right to disable your Account or modify your username or URL.
We require 18+ users. 13 to 18-year-olds may use Maxion under the supervision and approval of a parent or guardian with an Account. Account holders are accountable for their behaviour. Under-13s are not permitted to use our Service.
4. Modifications to the Terms
Maxion may alter these Terms at any time. We will provide reasonable notice of material changes to these Terms. The Service or "Last Updated" date may be updated. By using the Service, you accept the revised Terms and all incorporated terms. Updated Terms take effect immediately. You must regularly review the Terms, understand the terms and conditions when using the Service, and stay informed of any changes.
The Maxion platform, including its visual elements (such as text, graphics, logos, page headers, button icons, URLs, and scripts), proprietary content, information, and other materials, as well as the Maxion logo, designs, text, graphics, images, data, software, sound files, and other files, as well as their arrangement, are the sole property of Maxion Tech Co., Ltd., its affiliates, licensors, or users. You agree not to interfere with these property rights. Maxion Tech Co., Ltd., its affiliates, licensors, and users retain all platform and content rights, including the exclusive right to create derivative works, for the Maxion platform.
The name, logo, trademarks, and all associated product or service names, designs, logos, and slogans, including "Maxion platform," are the property of Maxion Tech Co., Ltd., its affiliates, or licensors and may not be copied, imitated, or used without prior written permission. Metatags or "hidden text" containing "Maxion" or any other name, trademark, or product or service name associated with Maxion Tech Co., Ltd., its affiliates, or licensors are prohibited absent prior written consent. The written permission of Maxion Tech Co., Ltd. is required to copy, imitate, or use the visual appearance and distinctive features of the Maxion platform, including its service mark, trademark, or trade dress.
All other trademarks, registered trademarks, and product names that appear on the Maxion platform or in NFT content are the property of their respective owners. These trademarks, registered trademarks, and product names cannot be used without permission. Maxion Tech Co., Ltd. does not endorse, sponsor, or recommend any particular products, services, processes, or other data.
We value your feedback on the Maxion platform ("Feedback"). Contributing Feedback does not grant you ownership over Maxion or its Feedback. You consent to Maxion Tech Co., Ltd. using and disclosing Feedback without notification or compensation and without retaining any proprietary or other rights or claims. You assign to Maxion Tech Co., Ltd. all rights, title, and interest in the Feedback, including all patents, copyrights, trade secrets, trademarks, know-how, moral rights, and other intellectual property rights.
Maxion Tech Co., Ltd. has no control over NFTs or smart contracts created by third parties. The creators of NFTs and smart contracts are solely responsible for them.
7. User Conduct
If we believe that you have violated these Terms or are utilizing the Maxion platform for illegal purposes, we reserve the right to take immediate action. This may involve removing or restricting NFTs, disabling features, or limiting Service usage. By using the Service, you agree not to violate any laws, contracts, intellectual property rights, or third-party rights. Your behavior and content on the Service are your responsibility. You agree to avoid the following activities :
- Unauthorized use or attempted use of another user's Account.
- Use or attempt to use another user's Account without authorization from such user.
- Impersonating another person or entity or using a wallet owned or controlled by someone else to conduct transactions on the Maxion platform.
- Accessing the Service from a different blockchain address after we have blocked your other addresses, unless you obtain our written permission.
- Distributing spam, including sending unsolicited NFTs to other users.
- Using the Service in a manner that could disrupt, disable, overburden, or impair its functionality.
- Circumventing access control measures, such as attempting to bypass rate limiting systems, routing traffic through multiple IP addresses, or obscuring the origin of the traffic sent to Maxion.
- Using our Service, including APIs, in a manner that violates our developer policies.
- Using the Service for commercial purposes that are inconsistent with these Terms or any other provided instructions.
- Employing data mining, robots, spiders, crawlers, scrapers, scripts, browser extensions, offline readers, or any other unauthorized automated means to access the Service, extract data, or interfere with its rendering or functionality.
- UReverse engineering, duplicating, decompiling, disassembling, or decoding any aspect of the Service or attempting to discover its source code, bypass security measures, or gain access to restricted areas or code.
- Selling or attempting to resell the Service or circumventing any fee systems implemented by Maxion.
- Engaging in activities that artificially manipulate the positioning of an item or collection on the Maxion platform or artificially inflate view counts, favorites, or other metrics used by Maxion to display or sort items, collections, or search results.
- Using the Service or data collected from it for any advertising or direct marketing activities, including email marketing, SMS marketing, and telemarketing.
- Using the Service, directly or indirectly, for money laundering, terrorist financing, or any other illicit financial activity, or in connection with the violation of any applicable laws or regulations.
- Pose as another person or entity, or use a wallet to engage in a transaction on OpenSea that is owned or controlled, in whole or in part, by any other person
- Using the Service to engage in financial activities that require registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments.
- Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Maxion platform.
- Using the Service to manipulate prices, commit fraud, or engage in any deceptive, misleading, or manipulative activities.
- Attempt to circumvent any OpenSea fee systems
- Using the Service to buy, sell, or transfer stolen items, fraudulently obtained items, unauthorized items, or any other illegally obtained items.
- Using the Service for any illegal or unauthorized purposes, including creating or displaying illegal content or encouraging or promoting activities that violate the Terms of Service.
- Using the Service with funds obtained through unlawful activities or using a wallet associated with unlawful activities.
- Using the Service in a manner that interferes with, disrupts, negatively affects, or inhibits other users from fully enjoying the Service.
8. Platform Updates and Notifications
a. We may periodically update the Platform, including adding new features, functionalities, or security measures. We will make reasonable efforts to notify users of any significant updates or changes via the communication channels specified in this section.
b. We will utilize platforms such as Facebook, Twitter, Discord channels to communicate updates, changes, or important announcements regarding the Platform.
9. Termination of Accounts
- We reserve the right to terminate or suspend your access to the Platform, in whole or in part, if we have reasonable grounds to believe that you have violated these Terms or engaged in any suspicious activity.
- If your account is terminated, you may have the right to appeal or resolve any disputes. Please refer to our dispute resolution process, as outlined in Section [16. Governing Law and Dispute Resolution], for more information.
10. Disclaimer of Financial Advice
- The information provided on the Platform is for informational purposes only and does not constitute financial or investment advice. You acknowledge and understand that any decisions or actions you take based on the information provided on the Platform are at your own risk.
- We do not endorse or guarantee the accuracy, completeness, or reliability of any information or content available on the Platform. You should independently verify any information before making any financial decisions.
11. Assumption of Risk
You accept and acknowledge:
- NFT value is subjective. NFT prices fluctuate, and cryptocurrency price changes can hurt them. You understand the subjectivity and volatility and may lose money.
- You understand that you are responsible for all Service fees, including blockchain actions, regardless of success, and that such fees are final and irreversible.
- Lack of use or public interest in distributed ecosystems and related applications could hurt their development and NFTs' potential utility.
- New regulations or policies regarding blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items may harm the Service and NFTs.
- You must determine what taxes apply to your transactions and withhold, collect, report, and remit the correct amounts to the tax authorities. Maxion does not determine, withhold, collect, report, or remit taxes on NFTs or their sale/purchase.
- We are not responsible for the operation or functionality of third-party smart contracts.
- We don't control the public blockchains you're using or the smart contracts and protocols that enable transactions on them. Maxion cannot reverse blockchain transactions either.
- Internet and blockchain-based products carry risks, including hardware, software, Internet connections, malicious software, and third-party wallet or Account access. You agree that Maxion is not liable for communication failures, disruptions, errors, distortions, or delays when using the Service or any Blockchain network.
- It uses third-party platforms and vendors. If we cannot maintain a good relationship with such platform providers and/or vendors, if their terms and conditions or pricing change, if we violate or cannot comply with them, or if they lose market share, fall out of favor, or are unavailable for a long time, access to and use of the Service will suffer.
- Maxion may hide items affected by these or other issues. Maxion may remove your purchases. Inability to view items on Maxion or use the Service to buy, sell, or transfer blockchain items is not grounds for a claim against Maxion.
- You release us from all claims, demands, and damages, known and unknown, arising out of or in any way connected with user disputes. You expressly waive any protections (statutory or otherwise) that would otherwise limit the coverage of this release to include those claims you may know or suspect to exist in your favour at the time of agreeing to this release.
12. Limitation of Liability
- To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform, including but not limited to any financial losses, lost profits, or data loss.
- Our liability for any claim arising out of these Terms, whether in contract, tort, or otherwise, is limited to the amount you paid us, if any, for accessing and using the Platform.
You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of any third party.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Thailand. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the Thailand Arbitration Center (THAC). The arbitration shall take place in Bangkok, Thailand, and the language used in the arbitration proceedings shall be English. The award rendered by the arbitrator shall be final and binding on the parties.
- These Terms constitute the entire agreement between you and us regarding the use of the Platform and supersede any prior agreements or understandings.
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
16. Contact Us
If you have any questions or concerns regarding these Terms, please contact us at https://maxion.atlassian.net/servicedesk/customer/portals