These terms of use ("Terms of Use") govern your use of the website http://www.wishworld.com the marketplace, and any other microsite, hyperlink, or URL as may be created or operated by WishWorld from time to time ("Website"), and any other software, tools, features, or functionalities provided in connection with WishWorld's services. Such Services shall include, without limitation, using WishWorld's services to view, explore, and create NFTs (as defined below) and using WishWorld's Website and tools, at your own discretion, to purchase, sell, or transfer NFTs on public/private blockchains from Artists/Owners/Collectors (collectively, the "Services").
For the purposes of these Terms of Use, "User", "you", and "your", shall mean you as the user of the Service.
The Website is owned and operated by WISHWORLD PTE LTD a company incorporated under the laws of Singapore, and having its registered office at 12 Marina View, Asia Square Tower 2 #11-01, Singapore 018961.
"NFT" shall mean a non-fungible token, virtual digital asset, or a similar digital item implemented on a blockchain, which uses smart contracts to link to, or otherwise be associated with certain content or data.
"Smart Contract" shall mean a computer program or a transaction protocol stored on a blockchain, which is intended to automatically execute, control or document legally relevant events and actions, when pre-determined conditions are met.
WishWorld is not a wallet provider, exchange, broker, financial institution, or creditor.WishWorld provides services that facilitates:
WishWorld does not have custody or control over the NFTs that you are interacting with and does not execute or effectuate purchases, transfers, or sales of NFTs. To use WishWorld's Services, you must use a third-party wallet which allows you to engage in transactions on blockchains in accordance with the corresponding Smart Contract.
WishWorld is not a party to any agreement between any Users and Artists/Owners. You shall bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs (and any content associated with such NFTs) that you purchase from Artists/Owners using the Services, or of the Artists/Owners selling the NFT, or the User purchasing the NFT or using the Services.
WishWorld's Privacy Policy (found here) describes the ways in which WishWorld collects, uses, stores, processes and discloses your personal information, and is incorporated hereinunder by this reference into these Terms of Use. By being a User, you hereby agree to the collection, use, storage, and disclosure of your personal information in accordance with WishWorld's Privacy Policy.
WishWorld reserves the right to change or modify these Terms of Use at any time and in its sole discretion. If material changes are made to these Terms of Use, WishWorld shall use reasonable efforts to provide its Users with a notice of such changes by providing notice through the Services or updating the "Last Updated" date at the beginning of these Terms of Use.
In such a case, by continuing to access or use the Services, you confirm:
You represent and warrant that you have the legal capacity and authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. You shall not access and/or use the Website if you are not competent to contract under applicable laws, rules and regulations.
Individuals under the age of 18 should seek the consent of their parents before providing any information about themselves, their parents, or other family members competent to contract, on the Website.
If you are using the Services on behalf of a company or any other entity, then "you" shall include you and that entity, and you represent and warrant that: (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use; and (b) you agree to these Terms of Use on the entity's behalf.
The User agrees and acknowledges that every User shall, as a pre-requisite to accessing and availing of the Services, undertakes the following actions:
The User agrees and acknowledges that the lawful ownership, possession, and title to an NFT is a necessary and sufficient condition precedent to receiving the limited license rights to the underlying artwork provided by these Terms of Use. Any subsequent transfer, dispossession, burning, or another relinquishment of an NFT will immediately terminate the former owner's rights and interest in the license or NFT as provided by these Terms of Use.
The Artist owns all legal rights, title, and interest in all intellectual property rights, including but not limited to copyrights and trademarks, to creative artworks underlying NFTs minted by the Artist on the Website using the Services. As the copyright owner, the Artist enjoys several exclusive rights to the artwork, including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display the artwork. Subject to, and in accordance with these Terms of Use, the Artist hereby acknowledges, understands, and agrees that minting an artwork on the Website constitutes an express and affirmative grant of the limited license rights to the artwork to all subsequent owners of the NFT, as provided herein.
You must create an account ("Account") to use the Platform. To create an Account, you must provide us with some information about yourself. You must provide accurate and complete registration information when you create an account for the Site. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update your account information as necessary. We reserve the right to reclaim usernames without liability to you. We may, in our sole discretion, require that you provide further information and/or documents. We may, in our sole discretion, refuse to provide you with access to the Platform.
Please be noted that we are a marketplace and at all times shall act as an intermediary between the buyer and seller and assume no liability and/or responsibility for the third party payment gateway integrated on the Platform and/or any third party SDK link available on the Platform. The users may link an existing storage wallet or create their own electronic wallet through a third-party SDK link available on the Platform. It is hereby clarified that (i) once you link your existing storage wallet or create a new storage wallet, you shall at all times be bound by the [https://magic.link/legal/user-terms] and [https://magic.link/legal/privacy-policy] of third party SDK link, (ii) you shall be further bound by the [https://stripe.com/en-gb-sg/ssa] and [https://stripe.com/en-gb-sg/privacy] of third party payment gateway integrated on the Platform and (iii) such wallets are not operated by, maintained by, or affiliated with WishWorld, and WishWorld does not have custody or control over the contents of your wallet and has no ability to retrieve and/or recover the wallet and/or its contents. WishWorld is merely acting as an intermediary and accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Site will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone.
You can use your electronic wallet to store and transfer your collectibles after you purchase the NFT collectibles using your credit card, or via one or more currencies that we may elect to accept from time to time. Transactions that take place on the Site are managed and confirmed via the Zilliqa blockchain. You understand that your Zilliqa address will be made publicly visible whenever you engage in a transaction on the Site.
By buying and selling Offerings on the platform, you agree to pay all applicable fees and you authorise WishWorld to automatically deduct fees directly from payments to you and/ or add fees to your payments to WishWorld where applicable. No refunds are permitted on successful NFT purchases or transactions, as accepted and confirmed by WishWorld in its sole discretion.
a) Gas Fees. Every transaction on the Zilliqa Network requires the payment of a transaction fee (each, a “Gas Fee”). The Gas Fees fund the network of computers that run the decentralized Zilliqa Network. Please be noted that currently, WishWorld shall be responsible for payment of the Gas Fee subject to any change in these Terms at the sole discretion of WishWorld. It is hereby clarified that the Gas Fee shall not be debited from the electronic wallet of the user. Except as otherwise expressly set forth in these Terms, you will be solely responsible to pay any Gas Fee for any transaction that you instigate via the Site.
Responsibility for Taxes. You will be solely responsible to pay any and all applicable sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the Site or purchase and/or transfer of NFT collectibles. It is hereby clarified that in the event there is a change of any relevant and applicable law, regulation or rule, federal, state or local, which affects these Terms and/or transaction associated with these Terms , you hereby agree to adhere and comply with change in law.
will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and
will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms. To allow us to determine our tax obligations, unless you otherwise notify us in writing, you confirm that you are not a resident in India nor are you registered for Goods and services tax.
Unless otherwise indicated by us, and except to the extent of the User Content, the Site, all content, and other materials contained therein, including, without limitation, the platform logo, and all designs, text graphics, pictures, information, data, software, and files relating to the Platform (the "Content") are the proprietary property of WishWorld or our affiliates, licensors, or users, as applicable.
The WishWorld logo and any WishWorld Platform product or service names, logos, or slogans that may appear on the Site or elsewhere are the proprietary property of WishWorld and may not be copied, imitated or used, in whole or in part, without our prior written permission.Unless otherwise stated, you may not use any Content without our express written permission.We reserve the right to suspend or terminate any Account that has actually or allegedly infringed upon any person's intellectual property rights.
You understand and agree that your access and use of the Platform is subject to certain risks including without limitation:
You must provide accurate and complete registration information when you create an Account for the Website. By creating an Account, you agree to provide accurate, current, and complete account information about yourself, and to maintain and promptly update as necessary your Account information.
You are solely responsible for the security of your Account and your wallet. You agree to undertake to maintain at all times, adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Website or the Services. You must ensure that any Account registered under your name will not be used by any other person. You must notify us immediately of any breach of security, loss, theft, or unauthorized use of your username, password or security information at hello@wishworld.com.
WishWorld reserves the right to terminate, suspend or restrict your access to any Account if WishWorld has reasonable suspicion that the person logged into your Account is not you, or if WishWorld suspects that the Account has been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall WishWorld or its affiliates, officers, directors, employees, agents or representatives be responsible or liable for any direct or indirect losses (including loss of profits, business or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension or restriction of access to any Account.
WishWorld reserves the right to take action, with or without advance notice, if in WishWorld view, you have violated these Terms of Use. This includes but is not limited to:
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Services. Further, you also agree that you will not:
Further, you bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Services. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or Account on the Website.
WishWorld makes no representations or warranties, express or implied, written or oral, made by or on behalf of WishWorld in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any NFT or work, code, or software.
Further, WishWorld shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a transaction, irrespective of WishWorld having been advised of or knowledge of the possibility of such damages. WishWorld's liability for damages under this Terms of Use shall in all cases be limited to, and under no circumstances shall exceed, the value of the Fees actually received by WishWorld arising out of the transaction that is the subject matter of the claim/damage.
Access to this website and its content, including features and facilities provided for herein are available to use as a matter of convenience. WishWorld expressly disclaims any claim or liability arising out of uploading of any defamatory, obscene, vulgar or pornographic images, photographs or pictures or on account of anybody altering or distorting the images available in this website in an obscene, vulgar or pornographic manner. You agree and acknowledge that you shall be solely responsible for your conduct and that WishWorld reserves the right to terminate your right to access and avail of the features and facilities immediately, without prejudice to initiating proceedings under the relevant penal provisions under the cybersecurity act, 2018, the personal data protection act, 2012, or any other allied laws enacted by the republic of singapore or any other statutory, legislative or regulatory authority that may have jurisdiction or be authorized to do so in this regard from time to time.
Regulatory risks. The regulatory regime governing blockchain technologies and tokens include a great deal of uncertainty, and new regulations or policies may have a negative impact on the issuance of nfts, and potentially the value of your nfts. You accept and acknowledge that WishWorld will not be responsible for any risks, loss or damages of any nature whatsoever arising out of changes to the regulatory regime in this regard, which may impact the use and/or value of the nfts.
These Terms of Use shall be governed in all respects by the laws of Singapore without giving effect to any conflicts of law principles that may require the application of the law of a different state or country.
Any action arising from or relating to these Terms of Use must be brought in a competent court of law situated in Singapore. WishWorld's performance as per these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of WishWorld's obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website, Services, features and facilities or information provided to or gathered by WishWorld with respect to such use.
You agree to resolve disputes only on an individual basis, pursuant to the provisions of these Terms of Use. You hereby expressly waive any right to bring any action, lawsuit, or proceeding as a class or collective action, or any other proceeding in which You or any User acts or proposes to act in a representative capacity.
These Terms of Use shall apply when you access the Website and avail of the Services, features and facilities and shall extend to the Website content, if any, for so long as it remains on this Website.
By accepting these Terms of Use, you expressly grant your consent to receive notices and communication electronically from WishWorld unless expressly intimated to WishWorld otherwise. Communications shall be posted on the Website and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices to WishWorld should be sent to the designated email address(es) provided for herein.
Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, partnership, or any fiduciary relationship between you or and WishWorld. Further, except as expressly provided:
WishWorld shall not be liable to the User for failure or delay in the performance of the Services for the time and to the extent such failure or delay is caused by force majeure, or reasons beyond the reasonable control of WishWorld.
Force Majeure shall mean and include any act of God, natural disasters (e.g., fire, flood, earthquake, elements of nature), hostilities, acts of terrorism or crime (including cyber-crime), riot, explosion, sabotage, pandemics, acts of government, lock-outs and/or industrial disputes (to the extent that such lock-outs and/or industrial disputes do not arise solely in relation to the affected Party's own personnel), or any other cause beyond the reasonable control of WishWorld.
These Terms of Use constitute the entire agreement between the WishWorld and the User with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings, agreements or communication, written or oral, regarding such subject matter.
You may not assign or transfer any rights, obligations, or privileges that you have under these Terms of Use. Subject to the foregoing, these Terms of Use will be binding on your successors. Any assignment or transfer in violation of this clause will be deemed null and void. However, WishWorld shall have the right to assign its rights and obligations under these Terms of Use to any third-party.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall be enforced.
WishWorld's failure to act with respect to a breach by you or others of these Terms of Use does not waive WishWorld's right to act with respect to subsequent or similar breaches. Further, failure on the part of WishWorld to exercise or delay in exercising any right hereunder will not be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.
If you should have any suggestions or questions regarding these Terms of Use, please contact WishWorld at hello@wishworld.com.