Terms of Service
Neoki is an innovative online platform that empowers users like you to create, purchase, transfer, and trade unique digital assets in DAC called "Assets" within the Neoki ecosystem. These Assets can be utilized within Neoki for content-making purposes. Additionally, Neoki provides a space where users can purchase and publish LAND parcels, within which they can create Assets. These creations, offer interactive experiences specifically designed for the Neoki Platform. As a user, you have control over the pricing and business model of your presence and creation.
By utilizing Neoki’s Services, you affirm that you are aware and acknowledge that Neoki is a non-custodial provider of software services that has developed and distributed the Neoki Platform. The Services provided occur without any involvement or actions taken by Neoki or any third party.
You have the ability to create, upload, and exchange Assets and develop experiences on the Neoki Platform. To comply with these Terms, your creations must meet the following requirements:
Assets and contents must adhere to the Metadata Specifications (defined and included below).
Assets must be unique, and any Assets that bear obvious visual similarities to pre-existing Assets will be removed from Neoki. Neoki retains the right to moderate and review Assets for copyright infringement and to remove Assets that violate these Terms.
Assets and contents must not contain or promote pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal content, as determined solely by Neoki.
Each new Asset must be sufficiently different from all existing Assets.Even if variations are allowed, no Asset should resemble or be similar to another Asset, regardless of differences in size and/or color. The determination of whether new Assets are sufficiently different from existing ones lies solely with Neoki.
By uploading an Asset to Neoki, you agree not to publish the Asset elsewhere.
You are solely responsible for ensuring that any Assets you submit to the Services comply with applicable laws and third-party rights, including intellectual property rights, privacy rights, and publicity rights.
You agree that any information included in your Assets and/or content may be used in accordance with our Privacy Policy.
Neoki reserves the right, in its sole discretion, to accept or reject any Assets and/or Content.
You have the option to list your Assets for sale in the Neoki marketplace. The pricing for your Asset in the marketplace will be decided by you . You have control over determining the scarcity of the Asset in the Neoki marketplace. Any revenue generated from the sale of your Asset in the marketplace, after deducting transaction fees, will be immediately paid to you on the blockchain by the purchaser of your Asset. Similarly, you have the opportunity to make your Game available for sale to Neoki users, and you retain control over the pricing and business model of the content.
If you choose to engage in purchasing and/or selling Assets and/or content on Neoki, all financial transactions will be conducted exclusively through the Polygon network using MetaMask or other Ethereum-compatible wallets and browsers. Neoki has no visibility or control over these payments or transactions, and the ability to reverse any transactions is not within Neoki's scope. Therefore, Neoki holds no liability to you or any third party for any claims or damages arising from your transactions on Neoki.
Each sales transaction that takes place on Neoki will be subject to a fee payable by the purchaser to Neoki. This fee will be automatically applied as part of the sales transaction.
As the user, you are solely responsible for paying any and all sales, use, value-added, and other taxes, duties, and assessments (excluding taxes on Neoki's net income) that may be claimed or imposed by any governmental authority ("Taxes"). These Taxes are associated with your use of Neoki, including ownership, transfer, or creation of any Assets and/Contents and contents.
By using the Services, you will encounter "Neoki Content," which includes all the images, text, information, data, audio, video, graphics, and other material available through the Services, excluding your Assets and/or Contents. With the exception of assets in accordance to these terms, we do not claim ownership over your or other assets.
All Neoki Content is owned by Neoki or its licensors and is protected by EU copyright laws, trademark laws, and/or other proprietary rights and laws. Between you and Neoki and its licensors, Neoki or its licensors exclusively own and retain all rights, title, and interest in the Services, including all Neoki Content created and provided to you through the Services. This includes, but is not limited to, copyrights, trademark rights, trade secret rights, patent rights, database rights, and other intellectual property and proprietary rights. All logos, trademarks, service marks, logos, and trade names displayed in connection with the Services are registered and unregistered trademarks and service marks of Neoki or third parties. Your use of the Services does not grant you ownership of any Neoki Content, and except for the limited license granted to you under these Terms, your use of the Services does not grant you a license or permission under any copyright, trademark, or other intellectual property rights of Neoki or any third party. We reserve all rights not expressly granted to you in these Terms.
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license to use the Services as provided by us and in accordance with these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish, or otherwise use any portion of the Services or Neoki Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Neoki Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
All software and software-as-a-service used in connection with the Services (&qout;Software&qout;) is proprietary to Neoki or third parties. Except as may be required to exercise the license grant mentioned above, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or reduction of such software to human-readable form is prohibited. You agree that Neoki may update the Software without notice, at any time, and in our sole discretion, and that these Terms will apply to any updated versions.
During your use of the Services, you have the ability to upload Assets and Content that you have created to Neoki in accordance with these Terms. Unless otherwise stated in these Terms, you maintain full ownership of your Assets and content at all times, and Neoki does not assert any ownership rights over them. The following provisions apply to Assets and content, and these Terms govern all Assets and contents contributed by you to Neoki or any Neoki website.
You are solely responsible for ensuring that any Assets and Contents you submit to the Services comply with applicable laws and respect the rights of third parties, including intellectual property rights, privacy rights, and publicity rights. By using the Services, you agree that any information included in your Assets and Contents may be used in accordance with our Privacy Policy. Neoki retains the right, at its sole discretion, to accept or reject any Assets and/or Contents.
By utilizing the Services, you grant Neoki a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, publicly display, distribute, and adapt the publicly shared Assets and Contents. This grant of rights allows Neoki to develop, distribute, provide, improve, and promote the Services, as well as your publicly shared Assets and Contents. Additionally, you grant Neoki the right to use your name and trademarks, if any, in connection with the use of your publicly shared Assets and Contents.
You have the option to make your Assets and Contents available for purchase on Neoki. Each Asset is represented as a non-fungible token (NFT) on the blockchain. When you upload an Asset and list it for sale in the Neoki marketplace, you retain ownership of all intellectual property rights associated with the Asset. However, you agree to make a specified number of the Assets available for sale as NFTs. When an end user purchases the Asset, they acquire full ownership of the underlying NFT and gain the rights to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT, subject to the condition that each Asset will be tokenized to ensure provable scarcity and proof of ownership.
If you choose to make your Assets and Contents available to other users, you acknowledge and accept that these Assets and Contents may be made available for purchase on Neoki, can be downloaded from third-party applications or websites operated by Neoki, and that the purchase of such Assets and Contents is governed by these Terms.
Neoki makes efforts to ensure that all Assets and Contents uploaded to the platform are created and made available for sale by their original creators. However, Neoki is not liable if another user breaches any of our terms and conditions, including these Terms, and/or creates Assets or Contents for which they are not the original creator.
If you purchase an Asset on Neoki, please be aware that the creator of the Asset retains the copyright to the Asset, which means you cannot use the Asset for any commercial purposes. However, you do acquire the right to display and resell the Asset.
1.1 Content Provided by Users. &qout;User Content&qout; refers to any information and content that a user submits to or uses with the Site, such as content in the user's profile or postings. You are solely responsible for the User Content you provide. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, as well as any disclosure of User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 1.3). You may not represent or imply that your User Content is provided, sponsored, or endorsed by the Company. Since you are solely responsible for your User Content, you may expose yourself to liability if your User Content violates the Acceptable Use Policy. The Company is not obligated to back up any User Content, and your User Content may be deleted at any time without prior notice. If desired, it is your sole responsibility to create and maintain backup copies of your User Content.
1.2 License. You grant the Company an irrevocable, non-exclusive, royalty-free, fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content. This license includes the right to grant sublicenses of the aforementioned rights, solely for the purpose of including your User Content on the Site. You waive any claims and assertions of moral rights or attribution with respect to your User Content and agree to cause such claims to be waived.
1.3 Acceptable Use Policy. The following terms constitute our &qout;Acceptable Use Policy&qout;:
(3.a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content that: (i) violates any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) is harmful to minors in any way; or (iv) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(3.b) Additionally, you agree not to: (i) upload, transmit, or distribute computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to gather information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or overload servers or networks connected to the Site or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site or other computer systems or networks connected to or used together with the Site; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vii) use software or automated agents or scripts to create multiple accounts, generate automated searches or queries, or strip, scrape, or mine data from the Site (except as permitted for public search engines under specific conditions).
1.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and in our sole discretion, to investigate and take appropriate action if you violate the Acceptable Use Policy or any other provisions of these Terms, or if your actions create liability for us or any other person. Such actions may include removing or modifying your User Content, terminating your Account in accordance with the relevant section, and/or reporting you to law enforcement authorities.
1.5 Feedback. If you provide the Company with any feedback or suggestions regarding the Site (&qout;Feedback&qout;), you hereby assign all rights in such Feedback to the Company and agree that the Company has the right to use and fully exploit the Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit any information or ideas to the Company that you consider to be confidential or proprietary.
(i) You warrant and represent that:
(a) You own or have sufficient control over all the rights to your Assets and Contents.
(b) The Assets and/or Contents are your original creations and are solely the result of your artistic effort.
(c) The Assets and/or Contents are free from any liens or encumbrances.
(d) You are not aware of any adverse claims to the Assets and/or Contents.
(e) You have obtained or will obtain all necessary rights, clearances, and licenses for the Assets and/or Contents, as well as any other materials and elements used in connection with the Services.
(f) None of the Services and/or other materials provided under these Terms violate or infringe upon the copyright, trademark, privacy, creative, or other rights of any person, firm, corporation, or third party.
(g) Any Asset and/or Game you upload to The Neoki or any information incorporated into your Land profile is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.
(h) You have not entered into and will not enter into any agreement that conflicts with or is adverse to these Terms.
(ii) Prohibition of Use. By accessing and using our Services, you represent and warrant that you are not included in any trade embargoes or economic sanctions list, such as the United Nations Security Council sanctions list, the list of specially designated nationals maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury and EU, or the denied persons or entity list of the U.S. Department of Commerce and EU. Neoki reserves the right to choose markets and jurisdictions for conducting business and may, at its discretion, restrict or refuse the provision of services in certain countries or regions.
You acknowledge and agree that you bear all risks associated with your Assets and Contents. It is your sole responsibility to safeguard your Assets and Contents, and Neoki is under no obligation to store copies of Assets and Contents for future availability, except as otherwise stated in these Terms. Neoki does not tolerate the infringement of intellectual property rights on the Services and will remove any Assets and/or Contents that infringe on another party's intellectual property rights upon proper notification. We reserve the right to remove Assets and Contents from the Services, in whole or in part, without prior notice, for any reason or no reason at all. In addition to our right to terminate a user's account as specified in these Terms, we reserve the right to terminate the account of any user who has been notified of infringing activity and/or has had Assets and/or Contents removed from the Service. Furthermore, we reserve the right to determine whether Assets and/or Contents comply with these Terms and are appropriate, even for violations other than intellectual property law. This also includes the right of Neoki to edit, modify, moderate, re-format, change, or remove, at our discretion, all or part of the descriptions, comments, and/or annotations made by you and/or third parties in relation to your
Assets and/or Contents
(a) You agree to indemnify and hold Neoki, its directors, officers, and employees harmless from any claims, causes of action, demands, loss, or damage arising from:
(i) Your breach of any representation, warranty, or covenant under these Terms.
(ii) The exhibition, presentation, distribution, or exploitation of your Assets and/or Contents or any rights therein.
(iii) Negligence, fault, or default of you, your employees, authorized agents, servants, independent contractors hired by you, or any subcontractor hired by any of the aforementioned parties.
(b) You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations in relation to the creation of your Assets and Contents under these Terms and your relationship with Neoki.
(c) You agree to promptly notify Neoki in writing of any legal claim or action related to these Terms, your Assets, your Contents, or your obligations hereunder that you become aware of.
(d) The warranties, representations, and indemnifications stated herein shall survive any termination or expiration of these Terms or your relationship with Neo
Neoki places great importance on the safe and lawful use of the Services for the benefit of all users. Accordingly, you agree not to use the Services to:
Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Neoki Content, Assets, and Contents, except as permitted by these Terms.
Promote or engage in any illegal activity or advocate, promote, or assist any unlawful act.
Violate the legal rights, including rights of publicity and privacy, of others or post any material that may result in civil or criminal liability under applicable laws or regulations or conflict with these Terms and our Privacy Policy.
Transmit pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal material or content.
Transmit material or content that is inappropriate for families or suitable only for adults.
Transmit material or content that attempts to falsely state or misrepresent your identity or affiliation with a person or entity.
Transmit or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademarks, copyrights, patents, or rights of publicity, or that promotes counterfeit materials or goods.
Use the Services in a manner that: (a) interrupts, suspends, slows down, or hinders the continuity of the Services; (b) constitutes an intrusion or attempt to break into the Services or Neoki's computer or networking systems; (c) diverts the system resources of the Services; (d) places a disproportionate load on the infrastructure of the Services; or (e) attacks the security and authentication measures of the Services or Neoki's computer or networking systems.
Intrude into a third party's computer system, engage in any activity that may damage, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security, or transmit harmful materials or content to third-party information systems (including viruses, worms, Trojans).
Use the Services for purposes other than those for which they were designed.
Engage in activity that defrauds Neoki, Neoki users, or any other person.
Engage in gambling, casino-style Contents, or Contents of chance.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY NEOKI ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEOKI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NEOKI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEOKI DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEOKI SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, NEOKI'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED US $50.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES SHALL APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
At any time and without notice, Neoki reserves the right to modify or discontinue offering all or part of the Services. Neoki may, in its sole discretion and at any time, refuse access to the platform, terminate your rights to create and/or upload Assets and Contents, and/or block or restrict your access to and use of any Services or features governed by these Terms; provided, however, that you will remain the owner of your Assets and Contents in accordance with these Terms.
The Services may provide links and features that allow you to access third-party websites or services ("Third-Party Services") that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services, and we are not responsible for the content of any linked site. The inclusion of a link does not imply endorsement, sponsorship, or affiliation with Third-Party Services by Neoki. Please exercise caution when accessing Third-Party Services or engaging in transactions with third parties linked from the Services. Neoki shall not be held liable for the technical availability of Third-Party Services, the content, advertising, products, and/or services available on Third-Party Services, or any transactions between you and Third-Party Services that you access through the Services. Neoki shall not be a party to any disputes between you and third parties concerning Third-Party Services.
The rights and obligations of the parties under these Terms and the interpretation of these Terms will be governed by the laws of Sweden, without giving effect to its principles of conflicts of law. If either party initiates any proceeding arising out of these Terms, such proceeding shall be brought exclusively in the courts of Sweden and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for such proceeding.
Neoki reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.
The "name" field must not be empty and should not contain any obscene or racist connotations. It should be a maximum of 255 characters in length.
The "description" field must not be empty and should not contain any obscene or racist connotations. It should be a maximum of 1024 characters in length.
The "image" field must be a valid IPFS URL linking to an image in PNG, GIF, JPEG, or WebP format. The image must exist on the IPFS network at the time of the minting event or within the next hour. It should accurately represent the voxel Asset without misleading the viewer.
The "creator" field must be equal to the creator defined via the Asset smart contract.
The graphical representation must correspond to the type. For example, a house must not be registered as an "avatar_body_part" type.
The "category" field must be set to one of the specified categories, such as fashion, jewelry, accessory, architecture, interior, cloths, industrial, automotive, music, photography, beauty, gaming, space, fun, education, tickets.
The "features" field must be set to one of the specified categories, such as AR, 2D, 3D, Static and animated.
The "Scarcity" field must be set to one of the specified categories, such as Standard, Premium, Super Premium, Rare, Super rare.
The "Neoki_policy" field must be equal to the IPFS URL generated from the policy content.
The "use_policy" field must be a valid IPFS URL linking to a policy file describing the authorized uses of the Asset by the owner.
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© 2023, Neoki Multi-Metaverse
© 2023, Neoki Multi-Metaverse