Terms & Conditions
Yunero Studios (“Yunero”, “we”, “us” or “our”) provides its services, products, related content, and functionality to you (“you”, “your” or “user”) through its websites, platform, and Smart Contracts for Yutaka Club NFTs under the following Terms and Conditions (the “Terms”). These terms govern your access to and usage of this site, along with all contents, functionality, and services offered on or through the site. By signing up for an account on the site and connecting your cryptocurrency wallet to the services, you acknowledge that you have carefully read and agreed to these Terms. By consenting to these Terms, you are hereby bound by the terms and conditions set out here and certify that you are not a minor.
1.General Terms and Conditions
Occasionally, we may organize a sale for non-fungible tokens (NFTs), other digital assets (“Digital Assets”), and physical products (collectively "Yunero Products") through our website. If you wish to participate in the purchase of the Yunero Products (including digital assets and physical products), you hereby agree to comply with the specific terms and conditions and any others associated with the said products.
We may also sell Yunero Products on our website through auction ( “Auction”). You agree to abide by the rules and regulations of each Auction. Any funds attached to the Auction bids will be taken care of by us unless stated otherwise. All bids that fail to win an Auction will be refunded. The auction winners may redeem the underlying product at the time of convenience within reason.
The information on this site and any information provided in connection with the services are provided to Yutaka Club NFT owners only. This data is only for knowledge and does not constitute professional advice or a recommendation to buy, sell, trade, or transact any digital asset.
Please note that all payments made for Yunero Products that are processed through a third-party partner will be subject to the terms and conditions of the said party. You understand and agree that we have no power over these transactions and we cannot reverse them once completed. We have no liability to you or to the third party for any claims, loss, or harm that may occur as a result of the payments or transactions processed by any third party that you engage in through our website.
Yutaka Club website may give you access to the primary sale of Digital Assets through one or several of the mentioned access rights: Free mint and white/allow list. You will be required to connect your digital wallet to the Yutaka Club Website to access the primary sale. All transactions completed on the Yutaka Club website are final according to the applicable law and you understand that no withdrawal, return, exchange or refund rights are permitted.
Digital Assets bought from our website may be purchased, sold, transferred, or traded on third-party websites or marketplaces (“Secondary Transactions”). We have no control over the functionality or availability of these sites and no liability to you or any third party for claims of damage or loss caused by your Secondary Transactions. You are also responsible to pay for any income, capital gains, sales, use, or any tax, and any other related to the purchased Digital Products imposed by any governmental authority or received by you (any tax associated with your ownership, transactions of Yutaka Club NFTs).
Access to some services may only be available to holders of a Yutaka Club NFT and demand proof of ownership by connecting a supported blockchain-based digital wallet to the Yutaka Club website. We have no control over the digital wallets in any way whatsoever and any use of the digital wallets is at your own risk and subject to their own applicable terms.
Occasionally, we may offer Physical Products for sale. You acknowledge that the terms and conditions of those releases will be at the discretion of the company. Partaking in such releases means you agree to any applicable terms and conditions. The company makes no indications or warranties whatsoever concerning the Physical Products. However, in the event of defects or problems with Physical Products, we will reasonably resolve on a case-by-case basis whether we will offer any remedial actions. Unless otherwise stated by us, you will not be allowed to return for a refund or exchange any Physical Products that you purchase.
Yunero Studios shall have no liability to you for any delivery issues (delay or failure); any damage or defect to the products that is caused by any act or situations beyond our control including strikes, breakdown of systems or network access, flood, fire, explosion, accident or any other similar circumstances.
You agree to not, and will not permit any third party to, do or attempt to do any of the following without Yunero Studios’s written consent in each case:
- Hamper with or disrupt the services or servers linked to the services in any way that could negatively affect or prevent other users from fully enjoying the services or that could damage, disable, overburden or tarnish the functioning of the services in any way.
- Violate any applicable law, or any regulations having the force of law.
- Acquire or attempt to access/acquire any contents or information through any means not intentionally made available or provided for through our services.
- Use the services to advertise or offer to sell or purchase any products or services for any purpose that is not specifically authorized.
- Use the services or any Yutaka Club NFT to depict hatred, discrimination, violence, brutality, or anything that could be found to constitute hate speech or intrude on the rights of others.
- Use the services or any Yutaka Club NFT to promote any criminal activity or provide instructional information about illegal activities, including terrorism, laundering money, and others.
- Use the Services or any Yutaka Club NFT to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
7.Risks and disclaimers
Please note the following risks in accessing, buying, selling, or using Yutaka Club NFTs:
The price and liquidity of blockchain assets, including Yutaka Club NFTs, are volatile and may undergo large fluctuations. Fluctuations in the price of Digital Assets could materially and negatively affect Yutaka NFTs. Legislative changes or actions may affect the use, transfer, trade, and value of Yutaka Club NFTs. Transactions of Yutaka Club NFTs are irreversible, and, so, losses due to fraudulent or accidental transactions may not be refunded.
You agree and acknowledge that you are solely responsible for determining the nature, potential value, and appropriateness of these risks for yourself, and that we do not give guidance or recommendations concerning Yutaka Club NFTs. You agree and acknowledge that you access and use the services, Yutaka Club NFTs, Artworks, and Perks at your own risk. Nevertheless, this statement does not disclose all of the risks associated with Yutaka Club NFTs and other Digital Assets. You agree and acknowledge that Yunero Studios will not be liable for any communication failures, disruptions, errors, or delays you may experience when using Yutaka Club NFTs, however they are caused.
In no event will the company be liable to you or any third party for any indirect, consequent, exemplary, incidental, or punitive damages, including loss of profits, goodwill, reputation, or any kind arising out of your use of the website or the products, services offered through the websites, no matter the circumstances.
8.Limitation of Liability
In no event shall Yunero Studios be liable for any direct damage or loss caused to a user in relation to access or use of the Yutaka Club website or any other services provided by the third-party websites. You hereby waive any claim arising out of any blockchain or related technology; any digital wallet; any similar technology or related service; the transfer or loss of any NFT; the incapability to prove ownership or control of any NFT; and any marketplace or other third-party platforms for purchasing, selling or transferring NFTs.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Yunero Studios and its affiliates and their Representatives (collectively, the “Indemnitees”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, fines, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the website, the content, the services, or Yunero Products, (b) your violation of these Terms, or (c) your infringement of the rights of a third party, including another user of the site. You consent to promptly notify Yunero Studios of any third-party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control the defense or settlement of any third-party Claims
We may introduce, terminate, or alter any content, materials, pricing, or other features of the Yutaka Club at any time at our discretion without announcement. We also reserve the right to terminate the Yutaka Club Platform at any time at our discretion and without any announcement. You shall not have any right that may have emerged before the change or termination, except when specifically requested by law.
These Terms will be governed by Vietnamese law, regardless of the conflict of law provisions and regardless of where you live or from where you access/use the website or order products.
In the event of a dispute arising between the parties regarding the interpretation, enforcement, or termination of these terms, the parties shall attempt to solve the dispute through amicable means.
These Terms (along with other policies on our website) contain the entire agreement between the parties and govern your use of the services, contents, Digital Assets, and Physical Products. All prior agreements between you and us will be suspended from here on out. No oral alterations may change the terms of this agreement. The parties have not depended on any representations or promises relating to the subject matter of this agreement except those contained within this agreement.
These Terms and other agreements relating to the website do not form a joint venture, partnership, agency, or employment relationship between the parties, except when one is expressly stated. Neither party nor its representatives have the authority to bind the other party, and the relationship of the parties is that of buyer and seller or independent contractors in certain circumstances.
If any provision of these Terms is deemed invalid or unenforceable, the remainder of the Terms will remain in full force and effect. If any provision is deemed invalid or unenforceable under particular circumstances, it will remain in full force and effect in all other circumstances.