This privacy policy was last changed on April 3, 2023.
BUD INTERACTIVE PTE. LTD. (hereinafter referred to as "BUD INTERACTIVE", "we"or "us"),a company registered in Singapore with registered address is at 987 serangoon road singapore, sets out the following terms and conditions ("Terms") upon which users (hereinafter referred to as "you" or "users") may use our services provided through a virtual and social platform called BUD. BUD platform provides you with features or services such as text chat, voice chat, random matching, adding friends, posting updates, connecting your BUD Wallet, creating and listing your NFT (“Non-fungible Token”), etc. through the BUD App (also "APP",and may provide you with other products and/or services in the future（collectively, the "Services")
1. You should read these Terms carefully and ensure that you understand their effect before proceeding to use our Services. If you disagree with any part of these Terms, do not use the APP for the purpose of our Services.
2. In the process of using the Services, we presume that you have the corresponding civil capacity in the country where you live. Please understand that this product is only available to people over the age of 13 and that if you are younger than 13 years old, you will not be able to register for this product. If you are a minor under the age of 16, we ask you to ask your parents or other guardians to read this Terms and related rules such as our Privacy Policy carefully and use our services or provide us with information with the consent of your parents or other guardians.
3. By using the Services, you expressly agree to be bound by these Terms and all applicable legislation and codes of practice governing the Services. These Terms form a legally binding agreement between you and BUD Interactive in relation to your use of the BUD Interactive Services and applies to all Users.
4. If you do not agree to these Terms or any of these Terms, you shall not proceed to logging in to our APP.
5. BUD Interactive reserves the right to change these terms at any time. Any changes we may make to these Terms in the future will be posted on this page and, where appropriate, notified to you by email, or, when you next log in to the APP, the new terms may be displayed on-screen and you may be required to read and accept them to continue.
6. Please make sure you possess the legal authority to agree to these Terms according to the laws in your jurisdiction.
7. You will be subject to additional applicable policies ("Additional Terms") including without limitation, the Privacy Policy and terms on specific products and services. The latter applies to such a scenario where if you use a specific product or service on the APP, you may still need to confirm the additional terms and conditions with respect to the specific product or service; please prudently read and fully understand these Additional Terms, and choose whether to accept the Additional Terms or not. These Terms, together with any other Additional Terms, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the BUD Interactive and users relating to the subject matter hereof. Provided, however, these Terms will take precedence in the event of conflict. We shall resolve any such conflicts at our sole discretion, and all of our determinations are final.
1.Under this Agreement, the products and/or services we provide to you include: (1) products and/or services provided through the BUD APP; (2) products and/or services provided by any software related to the above products and/or services; (3) other products and/or services that we provide to you from time to time; you understand and agree that your use of the BUD APP requires you to prepare your own terminal equipment associated with the products and/or services.
2.When you use the BUD APP, we will provide you with basic functions such as registration, login, creating an avatar image, refining user profile in personal homepage, public posting, text chat and voice chat, and in addition, in order to enrich your experience, we will also provide you with auxiliary functions such as map construction display, punch-in album, materials mall (where you can obtain display materials for your avatars and game), in-app purchase bud gem to get virtual items and listing your NFT, displaying your NFT, connecting your BUD Wallet and other auxiliary functions on the basis of the above services. For the specific content of the Services, please go to the BUD APP to check it yourself.
3. In order to improve the user experience and improve the service content, we will constantly strive to develop new products and services, and provide you with updates to BUD products and related services from time to time (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.).
4. When you use the Services, you may involve the provision of related services by third parties (such as other third-party providing SDKs, etc.), as detailed in the Privacy Policy. 4. You understand and agree that if you directly establish a contractual relationship with a third party as a result of your use of the third party services (e.g., you sign the Terms of Service of the third party with the third party payment instrument, etc.), we shall not be liable for any disputes or risks between you and the third party, unless otherwise provided by law. We kindly remind you that before you accept the services of third parties, please carefully read the Terms of Service, Privacy Policy and other legal documents concluded with third parties.
5.“BUD Gem” is the official currency of the Platform and can be used by Users to acquire things, like Virtual Items and access to Experiences, on the Platform. BUD Gem do not have any value in real currency, which means they are not a substitute for real currency and they don’t earn interest. Except as otherwise outlined in the BUD Terms, BUD Gem can’t be redeemed for any other currency and BUD is not obligated to exchange User’s BUD for anything else of value. And You can purchase bud gem through Apple pay or Google pay.
a) About refund
i. Under the Act on The Consumer Protection in Electronic Commerce, etc. (hereinafter E-Commerce Act), you may withdraw or cancel a purchase agreement (hereinafter “Withdrawal etc.”) within seven (7) days from the time you are given the purchase details or the service. However, if you have used the service already, the Withdrawal etc. will not be available. You will be clearly notified by us of the refund policy at the time of the service purchase.
ii. Notwithstanding the foregoing, you may withdraw your service agreement no later than three (3) months after the service delivery or within thirty (30) days from the day on which you know or are likely to know that the service is different from its outward appearance or advertising, or that it has been operated in a way that differs from that of the agreement.
iii. If you indicate a desire to withdraw in case proviso Paragraph i. of Paragraph iii., the service you purchased will be returned under the E-Commerce Act, and we will take the following steps following the E-Commerce Act.
iv. All the matters on the Withdrawal etc. of this Article will be determined by the E-Commerce Act.
b) You may request a refund of the Credit balance. In this event, we will begin the refund process by complying with relevant laws. However, refund requests will be accepted only if you have paid for Credit. Any Credit given to you free of charge from a bonus and promotion is not refundable.
c) If you have any payment issues,please contact: support@budcreate.xyz
6.Buying BUD VIP. When a User buys BUD VIP, a renewing subscription, User agrees that BUD VIP will automatically renew and that BUD is authorized to charge User accordingly until User cancels the subscription.BUD will notify Users of any price increases or changes to the subscription terms (such notification may be via any reasonable means, including a message on the Platform). Users can cancel BUD VIP at any time. If a User cancels BUD VIP, User can still enjoy it for the period of time User already paid for - so enjoy!
1.You may be required to register and login BUD APP in order to access and use certain functions of the Services. When you log in to our APP with your mobile number or a third-party account, you will be granted a BUD Interactive account (“Account”) and become our registered user.
2.In order to create and list your NFT, you may be required to set up and connect your BUD Wallet to BUD APP. BUD Wallet allows you to self-custody your NFT, access a NFT browser and link to decentralized applications and decentralized exchanges, view addresses and information that are part of NFT networks, and additional functionality as BUD may add to the Services from time to time (collectively the “Wallet”). Currently, the Wallet is provided to you free of charge, but we reserve the right to charge you fees for using the Wallets. You acknowledge and agree that use of the Wallet is subject to these terms.
3. You should provide and update your Account information according to our instructions and the requirements of laws and regulations. All details submitted by you must be true, accurate, up-to-date and complete. If the information provided by you is wrong, untrue, out of date or incomplete, BUD Interactive has the right but not obligation to send you a notice of inquiry and / or request for correction, and you shall cooperate with BUD Interactive to provide or update the relevant information as required.
4. Your Account is set by you and kept by you. You understand that you are responsible for maintaining the security and confidentiality of your account and control over any usernames, password, private keys, recovery phrase, or any other authentications or codes that you use to access the Services. You must keep your BUD Interactive Account secret and in no case disclose it to others under any circumstances. You need to make sure that you log out the APP in the correct steps at the end of each session. Any unauthorized access to your account could result in the loss or theft of NFTs and/or funds in any linked accounts. BUD Interactive shall not be liable for the losses and consequences of the Account due to your disclosure or any attack or fraud by others. You shall resort to the infringer through judicial, administrative and other relief channels.
5. You shall assume full legal liabilities for the activities engaged in the name of your Account, including but not limited to all legal liabilities that may be caused by any data modification, speech publication, payment and other operations performed by you on the APP, software and other related Services of BUD Interactive.
6. If you find that other people use your Account without authorization, you should immediately notify BUD Interactive. BUD Interactive will help you to suspend your account, change your password or make other security settings. Please understand that it takes a reasonable time for BUD Interactive to take actions on your request, and BUD Interactive shall not be liable for any consequences (including but not limited to any losses) that have occurred prior to the action taken.
1. Your BUD Interactive Account (full or partial permissions or functions) may be suspended or cancelled in the following situations at the full discretion of BUD Interactive with or without prior notice:
a) Violating these Terms, relevant rules, standards (such as management standards), service description and other agreements / terms of our APP;
b) Violating the provisions of laws, regulations, policies and legal documents;
c) You have been complained by others, and they have provided relevant evidence, for infringing their lawful right, but you fail to provide the evidence to the contrary as required by us;
d) BUD Interactive determines that there is any abnormality in your account operation according to reasonable analysis; and
e) An injunction order is issued by the state authorities.
2. If your Account is suspended or cancelled, you may apply to BUD Interactive for repealing the above suspension or cancellation through the appeal procedure. For the safety of your Account, you shall cooperate with BUD Interactive to provide the truthful identity certificate and relevant information, as well as other information or documents required by BUD Interactive, so that we may verify your identity. BUD Interactive has the right to decide whether to grant your appeal or not.
1. When you use the Services, you shall also fulfill the responsibilities of timely payment, service management, etc. in accordance with these Terms and the relevant terms and conditions confirmed when you purchase specific services.
2. You can post comments and leave feedback through our APP. Any content, including such comments, feedback, and notes that you choose to post through our APP is available to the public by default. Please remember that any information that is disclosed in these areas becomes public information for both us and other users to use and share. Take care not to share personal data unless you intend for that data to become public. Please also be considerate and respectful of others while using the community to share your opinions. We reserve the right, but do not have the obligation, to review and retain monitor such posting or any other content on our APP, and to delete postings or content that may be viewed as inappropriate or offensive to others. You represent and warrant that you have the corresponding and legal rights to your published information, otherwise, BUD Interactive may delete or block your published information according to laws or these Terms.
3. You shall not access, store, distribute or transmit any virus, or any material during the course of the use of the Services that:
a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
b) facilitates illegal activity, for example, further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
c) violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), all applicable export control and trade sanctions laws (“Export Laws”) , or which would involve proceeds of any unlawful activity;
d) depicts sexually explicit images;
e) promotes unlawful violence;
f) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
g) in a manner that is otherwise illegal or causes damage or injury to any person or property; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; and
h) in the sole judgment of BUD Interactive, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose BUD Interactive or its users to any harm or liability of any type.
We reserve the right, without liability or prejudice to its other rights to you, to disable your access to any material that breaches the provisions in this section.
4. You shall not:
a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between you and BUD Interactive:
i. except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the BUD Interactive software, APP or BUD Interactive data in any form or media or by any means; or,
ii. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the BUD Interactive software;
b) access all or any part of the BUD Interactive Services in order to build a product or service which competes with the BUD Interactive Services;
c) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the BUD Interactive Services available to any third party or, attempt to obtain, or assist third parties in obtaining, access to the BUD Interactive Services, other than as provided under these Terms;
d) attempt to circumvent any security measures or technical limitations of the BUD Interactive Services;
e) use the BUD Interactive Services in a way which harms the interests of BUD Interactive, the BUD Interactive APP, any of BUD Interactive’ affiliates, the BUD Interactive Services or other BUD Interactive users (including, without limitation, by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or by attacking the BUD Interactive APP via a denial-of-service attack or a distributed denial-of-serve attack);
f) adversely affect BUD Interactive or BUD Interactive’ name, reputation, image or goodwill in connection with your use of the BUD Interactive Services;
g) without express permission from BUD Interactive, use manual or automated software, devices, scripts, robots or other means or processes to access, crawl, scrape, copy or duplicate any content on the APP;
h) utilize the Services to engage in token-based or other financings of a business, enterprise, venture, DAO, software development project or other initiative, including ICOs, DAICOs, IEOs, “yield farming” or other token-based fundraising events; and/or,
i) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or services.
j) in the sole judgment of BUD Interactive, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose BUD Interactive or its users to any harm or liability of any type.
k) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
l) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
5. You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the BUD Interactive Services and/or the BUD Interactive data and, in the event of any such unauthorised access or use, promptly notify BUD Interactive.
1. BUD provides a metaverse platform for you to create, display and share 3D interactive experiences in the virtual world by our easy-to-use creation tool. Users can create limited-edition digital items which include 3D works, visual works, audiovisual works, animations, audio, photographs, and other creative digital works (collectively, “User Content”) through the creation tools and post, transmit, and/or store such User Content on BUD. User Content is owned by the user that creates them.
2. BUD X enables Users to mint User Consent into Digital Collection which is linked to a non-fungible token, or NFT, based on smart contracts on the public blockchain representing the title of the Collection.
3. With respect to the User Content you create, display and share, you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. You hereby represent and warrant that your User Content does not violate our APP Service Specification (defined in Part V). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by BUD.
4. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Services, you hereby grant and will grant BUD Interactive and its affiliated companies and Users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
5. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless BUD Interactive and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of BUD Interactive in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or BUD Interactive’ exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services.
6. We do not guarantee that any contain content or features in connection with Services (“Services Content”) will be made available through the Services. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any Services Content or User Content, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any Services Content or User Content from the Services.
1.Unless otherwise agreed, the intellectual property rights of the content (including but not limited to software, technology, program, text, picture, chart, appearance design, etc.) provided in the APP, software and related Services of BUD Interactive shall belong to BUD Interactive. You may not duplicate, copy, or use any part of the code or appearance design without the prior written permission of BUD Interactive.
2.As an exception to the preceding clause, when you (“Creator”) create your NFT via our Services, you further understand and acknowledge that:
a) Creator owns all legal right, title, and interest in all intellectual property rights of User Content underlying (“Underlying Content”) the NFT minted by the Creator on the BUD APP and has the right to reproduce, prepare derivatives of, distribute, and display or perform the Underlying Content.
b) Creators are prohibited from minting User Content consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use. Creator can only mint User Content that they personally created and must refrain from minting works to which copyright ownership is unknown or disputed (i.e., commissioned works or “works made for hire”).
c) By launching any NFT via our Services, the Creator hereby expressly and affirmatively grants to the owner of the NFT a limited, worldwide, non-assignable and non-transferable (except as expressly set forth below), non-sublicensable, royalty-free license to display the Underlying Content of such NFT solely for the owner’s non-commercial purposes, including the right to display such Underlying Content privately or publicly: (i) for the purpose of promoting or sharing the owner’s purchase of, ownership of, or interest in such NFT, (ii) for the purpose of sharing, promoting, discussing, or commenting on such Underlying Content; (iii) on BUD Interactive or third party, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments (collectively, the “Collector License”).
d) Failure to abide by these Terms may result in, without limitation, suspension or deletion of the Creator’s account, revocation of the Creator’s minting privileges and other permissions to the BUD Smart Contracts or platform, delisting the Creator’s Digital Collection on the Site, or paying monetary damages. BUD has the unilateral authority and discretion to remove, suspend, or revoke Creators’ access to the BUD Smart Contracts or any other aspect of the BUD.
3. We respect intellectual property, unless with your consent, BUD Interactive will not use, modify, copy, publicly disseminate, alter, distribute, distribute or publicly publish the results of your intellectual property rights.
4. If any individual thinks that the content of our APP may infringe his legitimate rights and interests, they may deliver a written notice to BUD Interactive, and BUD Interactive will deal with it promptly upon receipt of the notice from the intellectual property rights holder.
5. Unless otherwise specified, the intellectual property rights of APP logo, “BUD Interactive” and other words, graphics and their combinations, as well as other logos, symbols, the name of BUD Interactive services, technical documents and other intellectual property rights of our APP are owned by BUD Interactive and its affiliates.You shall respect the intellectual property rights and other legal rights/interests of BUD Interactive and the third party, and covenant to protect BUD Interactive and its employees, shareholders, partners, etc. from being affected or lost in case of any violation of the aforesaid rights and interests. BUD Interactive reserves the right to terminate Services for you and return no fund of any kind to you when you violate BUD Interactive’ and/or other third party’s legal rights / interests.
BUD Interactive respects the intellectual property of others, and we ask our users to do the same. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, you are encouraged to contact the infringing party directly. Additionally, you may also notify BUD Interactive at support@budcreate.xyz providing the following information (Subject line: “DCMA Takedown Request”):
BUD Interactive will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. To the extent possible, BUD Interactive will take down Content in response to DMCA takedown notices and/or other intellectual property infringement claims and will terminate a user’s access to our Service if the user is determined to be a repeat infringer at BUD Interactive’ sole discretion.
Please note that BUD Interactive is not in a position to assess the legal merits of the claims. Any further action, claim or remedy against the infringing user must be undertaken by the aggrieved user.
We respect your privacy and value the trust you place in us when you share your personal data with us. Please read the Privacy Policy which describes how we process your personal data carefully. By using the Services, you consent to our processing of personal data as outlined therein. If you have any questions about our privacy policy or its collection, use, or disclosure of your data, you should contact support@budcreate.xyz.
1. BUD Interactive undertakes to keep confidential and not to disclose to a third party any information submitted by you when you use BUD Interactive Services, unless:
a) Before your submission to BUD Interactive, BUD Interactive has legally possessed such information;
b) The information may be disclosed according to these Terms or other service agreements, contracts, online terms and other provisions between you and BUD Interactive;
c) It is required to be provided according to the provisions of laws and regulations or the requirements of administrative and judicial authorities;
d) The confidential information has been or can be obtained from the public domain without breach of the obligations set forth herein.
2. You acknowledge and agree that any information of BUD Interactive obtained by you in the course of using BUD Interactive products and Services shall be confidential information (“BUD Interactive Confidential Information”), including but not limited to the information regarding your acceptance of Services provided by BUD Interactive, the information of any products and Services provided by BUD Interactive, and your Account information. You undertake to BUD Interactive that you shall not disclose, provide or sell BUD Interactive Confidential Information to any third party without the prior written consent of BUD Interactive, unless:
a) You have legally possessed such BUD Interactive Confidential Information before you obtain it from BUD Interactive;
b) The information may be disclosed according to these Terms or other service agreements, contracts, online terms and other provisions between you and BUD Interactive;
c) It is required to be provided according to the provisions of laws and regulations or the requirements of administrative and judicial authorities;
d) The confidential information has been or can be obtained from the public domain without breach of the obligations set forth herein.
4. If any individual thinks that the content of our APP may infringe his legitimate rights and interests, they may deliver a written notice to BUD Interactive, and BUD Interactive will deal with it promptly upon receipt of the notice from the intellectual property rights holder.
5. Unless otherwise specified, the intellectual property rights of APP logo, “BUD Interactive” and other words, graphics and their combinations, as well as other logos, symbols, the name of BUD Interactive services, technical documents and other intellectual property rights of our APP are owned by BUD Interactive and its affiliates.You shall respect the intellectual property rights and other legal rights/interests of BUD Interactive and the third party, and covenant to protect BUD Interactive and its employees, shareholders, partners, etc. from being affected or lost in case of any violation of the aforesaid rights and interests. BUD Interactive reserves the right to terminate Services for you and return no fund of any kind to you when you violate BUD Interactive’ and/or other third party’s legal rights / interests.
1. In case of any of the following circumstances, it shall be deemed as your default:
a) Violation of relevant laws and regulations when using BUD Interactive’ Services;
b) Violation of these Terms or the supplementary agreement hereto.
2. In order to meet the needs of users for efficient and high-quality services, you understand and agree that BUD Interactive may stipulate the procedures and standards for default determination in the rules of BUD platform from time to time. For example, BUD Interactive may determine whether you are in default with your user data and massive user data; you are obliged to provide sufficient evidence and reasonable explanation for your data anomalies, otherwise it will be deemed as a default.
3. Handling Measures for Default:
a) If your publication information on BUD platform constitutes a default, BUD Interactive may immediately delete and block the corresponding information according to these Terms.
b) If your act performed on BUD platform, or those not performed on BUD platform but affecting BUD Interactive and its users constitute default, BUD Interactive may suspend providing you with part of or all Services, deduct liquidated damages and take other measures. If your behavior constitutes a fundamental breach of contract, BUD Interactive may seal up your account and terminate providing Services to you.
4. BUD Interactive may publicize the information on the above-mentioned measures to deal with your default and other illegal information confirmed by the effective legal documents of the national administrative or judicial authorities on BUD platform.
1. You understand and agree that you shall be liable for any third-party claims arising from your use of BUD Interactive’ services, breach of these terms or any action taken under your account. if any claims of third parties arise against BUD Interactive and its affiliates, employees, customers and partners, you shall be responsible for handling and indemnify BUD Interactive and its affiliates against all losses and liabilities incurred therefrom.
2. To the extent permitted by applicable laws, BUD Interactive shall not be liable for any indirect, punitive, special and derivative losses related to or caused by these terms.
3. You accept and acknowledge each of the following risks connected with blockchain technology:
Our Services do not store, send, or receive NFT. This is because NFT exists only by virtue of the ownership record maintained on the Services’ supporting blockchain in the Polygon network. BUD Interactive do not take custody or possession of any NFT, and neither BUD nor the BUD X are custodians of any NFT at any time. You affirm that you are aware and acknowledge that BUD is a non-custodial service provider.
NFT are intangible assets that exist only by virtue of the ownership record maintained in the Polygon network. NFT minted on BUD X uses smart contracts on public blockchain (“Smart Contracts”). All Smart Contracts are conducted and occur on the decentralized ledger within the Polygon platform. We have no control over, and make no guarantees, warranties or promises with in relation to Smart Contracts. You acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the public blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFT, or lost opportunities to buy or sell NFT.
Regulatory uncertaintyThe Services, public blockchain and NFTs could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of BUD to continue to develop, or which could impede or limit your ability to access or use the Services or public blockchain, including access to your NFT, and new regulations or policies may materially adversely affect the development of the BUD ecosystem, and therefore the potential utility or value of your NFT.
Cryptography is a progressing fieldAdvances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, NFT and the Services, which could result in the theft or loss of your NFT. To the extent possible, it is intended to update the protocol underlying the Services to account for any advances in cryptography and to incorporate additional security measures but does not guarantee or otherwise represent full security of the system. By using the Services, you acknowledge these inherent risks.
There are risks relating to the change of Ethereum platform.Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the standards as ERC-721 or other standardized smart contracts, including the BUD ecosystem.
4. BUD Interactive will not be liable to you for any losses you incur as the result of your use of the Polygon network. This includes, but is not limited to, losses, damages or claims arising from (i) user error (e.g. forgotten access information (such as passwords, private keys, seeds or mnemonics or incorrectly construed transactions); (ii) server failure or data loss; (iii) corrupted wallet files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the Services, the Polygon network, the Ethereum network, BUD Wallet. We are also not responsible for losses due to blockchains or any other features of the Polygon network, the public blockchain of BUD Wallet or other Polygon-compatible wallets and browsers allowed on BUD APP, including but not limited to late report (or no report) by developers or representatives of any issues with the blockchain supporting the Polygon network, including forks, technical node issues or any other issues having fund losses as a result.
5. BUD Interactive has no responsibility for the NFT created by users on the BUD APP. BUD does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any NFT created by Users on the BUD APP.
6. BUD Interactive shall not be liable to you in contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms. In no event will BUD Interactive’ total liability to you for all damages, losses or causes of action exceed the amount you have paid BUD in the last six (6) months, or, if greater, one hundred dollars ($100).
7. You shall abide by the applicable laws during the use of BUD Interactive’ service, and shall not endanger the network security, or use BUD Interactive service to engage in activities that infringe upon the reputation, privacy, intellectual property rights and other legitimate rights and interests of others. BUD Interactive shall not be liable for any illegal act or default of your use of BUD Interactive services.
8. BUD Interactive users upload, provide and post relevant information on BUD Interactive app, including but not limited to user name, contact person and contact information, documents, patents, images, etc. are provided by the users themselves. the BUD Interactive users shall bear all liabilities according to law, and BUD Interactive shall not bear any legal liability or joint liability. if any loss is caused to BUD Interactive or any third party, the user shall be responsible for full compensation.
9. No action arising out of or in connection with these terms may be brought by you more than twelve (12) months’ after the date of the event from which the claim (or series of related claims) arose.
1. If our APP may not operate normally due to the following force majeure or accidents, BUD Interactive shall not be liable for any damages:
a) Due to natural disasters, strikes, rebellion, uprisings, wars, riots, insufficient productivity or means of production, fires, floods, storms, explosions, government actions, judicial and administrative orders and other force majeure event; and
b) Public service factors such as power supply failure and communication network failure.
2.To the extent permitted by law, BUD Interactive shall not be liable for service interruption or obstruction caused by the following circumstances:
a) Damaged by computer viruses, Trojans or other malicious programs or hacker attacks;
b) Failure of the computer software, system, hardware and communication line of the user or BUD Interactive;
c) Improper operation of users;
d) Users use the service in a way not authorized by BUD Interactive;
e) Other situations beyond the control or reasonably foreseen by BUD Interactive.
1. The validity, interpretation, alteration, execution and dispute settlement of these Terms shall be governed by the laws of Singapore. Any dispute arising from these Terms shall be submitted to Singapore International Arbitration Centre (“SIAC”). for arbitration which shall be conducted in accordance with the SIAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties. You waive your right to a jury trial or to participate in a class action.
2. You agree that you are solely responsible for your interactions with any other User in connection with the Services and we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
1. When you register to become a BUD Interactive user and receive BUD Interactive Services, you shall provide BUD Interactive with real and effective contact information (including your email address, contact number, contact address, etc.). If you change your contact information, you are obliged to update the relevant information in a timely manner and confirm that we can contact you.
2. You understand and agree that BUD Interactive can send you a notice through the above contact method, including but not limited to the written notice sent by electronic means, web page announcement, email sent to the email address provided by you, station letter, SMS sent to the contact number provided by you, telephone contact, system message. The above notice shall be deemed to have been served after being sent successfully.
3. You should ensure that the contact information provided is accurate, integrate and complete in real time. If the contact information provided is not accurate or the changed contact information is not informed in time, the notice may not be served or may not be served in time, and you shall bear the possible legal consequences.
1. These Terms shall be terminated upon cancellation of your account or by mutual consent.
2. In case of any of the following circumstances, BUD Interactive has the right to unilaterally interrupt or terminate the provision of Services to you without informing you:
a) You provide untruthful personal information;
b) You violate the Service rules stipulated in these Terms.
3.After the termination of these Terms, except as expressly provided by law, BUD Interactive shall not be obliged to disclose any information in your Account to you or a third party designated by you. After the termination of these Terms, BUD Interactive still has the right to retain all kinds of information of you on BUD platform, and for your past default, BUD Interactive can still pursue the liability for breach of contract to you according to these Terms.
1. In case that any provision of these Terms is deemed to be void, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of these Terms and other remaining provisions.
2. BUD Interactive has the right to transfer all or part of the rights and obligations of this Service to its affiliates by publishing an announcement on the official website of BUD Interactive (https://www.joinbudapp.com), sending a station notice or email notice.
3. The terms of confidentiality, intellectual property, application and jurisdiction of law under these Terms and other terms that should exist in nature (such as the authenticity guarantee of registration information, etc.) shall not be invalid due to the termination of this clause.
4. Nothing in these Terms is intended or shall be construed to create or establish any agency, partnership or joint venture relationship between BUD Interactive and users.
If you have any questions, comments or concerns, please feel free to contact us by sending email to support@budcreate.xyz.