Terms Of Service

Effective: November 1, 2021

Last Updated: October 25, 2021

 

1. Introduction

Cultiplan, Inc. Welcome to the babidiba website or application owned and operated by babidiba (“babidiba”, “the company” or “we”). These Terms of Use (these "Terms") govern your access to and use of the babidiba website or application. The Services are provided by the Company's online and/or mobile services and software provided in connection with these services (collectively, the "Services"). This service includes the creation, purchase, sale, exchange or modification of certain digital assets, and other advanced services may be added continuously.

The Service allows you to own and resell crypto assets (as defined below) through the act of purchasing. Detailed rules for the purchasing process can be found on the Services page. You must link your digital wallet to a supported bridge extension such as MetaMask (https://metamask.io) to participate in the purchase action. However, the MetaMask digital wallet is created at the same time you sign up for membership, but you may not be aware of it. MetaMask is an electronic wallet that allows you to purchase, store, and trade digital assets by converting cryptocurrencies such as Bitcoin, Ethereum, and CTPL coin into diba points. You may also request to download and install the e-wallet extension before making an offer to transfer your unique digital assets for a purchase act or to purchase your own digital assets from another user. When you submit an order to buy or resell your unique digital asset, the order is passed to that extension to make a transaction on your behalf.

“Digital Assets” refers to the unique non-fungible tokens implemented on Binance Chain (“Binance Chain”) using smart contracts, including but not limited to the babididba NFT.

All transactions initiated through the Company Services are recorded in the Company's DB (off-chain) or Binance Chain (on-chain), so you agree that the Company Services and Privacy Policy apply terms and conditions. For METAMASK, those terms are available for viewing and use at ( https://metamask.io/terms.html ) and ( https://metamask.io/privacy.html ).

babidiba is a platform. We are not brokers, financial institutions or creditors. The service is for management platform only. babididba facilitates transactions between buyers and sellers in auctions, but is not a party to a contract between buyers and sellers or users of crypto assets.

You are solely responsible for verifying the identity, legality and authenticity of any property you purchase from babididba. Notwithstanding indications and messages suggesting verification, babididba makes no claims as to the identity, legality or authenticity of the assets on the platform.

As more and more services are continually available, it is sometimes necessary to explain additional terms for certain services. The additional terms and conditions provided with the related services will become part of your contract with us if you use those services.

Please read these Terms of Use carefully as they are important and affect your legal rights. Please note that the terms include an arbitration agreement. Although there are limited exceptions to arbitration agreements, disputes between companies are binding and legally binding. Unless you opt out of the arbitration agreement: (1) You are permitted to seek claims and seek relief against the Company only individually and not as a plaintiff or class member in any action or proceeding on behalf of any claim or proceeding. (2) YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION FOR RESOLUTION OF THE DISPUTE AND WAIVE THE RIGHT TO A JURY TRIAL OF YOUR CLAIM. Please read section 15 carefully.

By clicking the "I Agree" button, completing the account registration process, using Company Services and/or purchasing Crypto Assets, you agree to these Terms and all terms incorporated herein by reference. If you do not agree to these Terms, you may not access, use, or purchase crypto assets.

babidiba reserves the right to change or modify these Terms at any time in its sole discretion. If we change these Terms, we will notify you of such changes by sending you an email notification, providing a notice through the Service, or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Services, you confirm by reference your acceptance of the amended Terms and any terms contained herein. We encourage you to review the Terms frequently to understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised terms, you may not access or use the Services.

2. Privacy Policy

Please see our Privacy Policy for information on how we collect, use and share personal information about you.

3. Account registration and communication preferences

① To participate in the purchase and resale of crypto assets, you must register for a service account ("Account"). By creating an account, you (a) provide accurate, complete and up-to-date account information about you; (b) maintain and promptly update your account information as needed; (c) keep your password secure; and promptly notify Company of any risks of unauthorized access to your account and information you have provided to Company; babidiba blocks multiple accounts of the same user.

② babidiba may require you to provide additional information and documentation upon request of competent authorities in the application of any applicable laws or regulations, including those relating to the anti-laundering (legalization) of income obtained by criminal means or the prevention of financing. babidiba may also require you to provide additional information and documentation if we have the following grounds:

I. Your account is being used for money laundering or other illegal activities

II. Concealing or reporting false identification information and other details

III. Transactions made through your account in violation of these Terms

In such case, babidiba may suspend or cancel your auction transaction in its sole discretion until such additional information and documentation have been reviewed by babidiba and approved to meet the requirements of applicable law. If you do not provide complete and accurate information and documentation in response to such request, babidiba may refuse to provide content to you.

③ By creating an account, you agree to receive electronic communications from babidiba (eg via email or by posting notices on the Service). These electronic communications may include notices to your account (eg password changes and other transactional information). You agree that any notice, contract, disclosure or other communication that Company sends you electronically will satisfy all legal communication requirements, including but not limited to written communication. You must maintain a copy of the Company's electronic communications by printing a paper copy or storing an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think may be of interest to you.

④ By submitting personal information through our site or service, you agree to our terms and conditions, and you agree to all of our collection, privacy policies, use and disclosure of your personal information in accordance with the privacy policy and expressly. that was agreed upon.

⑤ You are solely responsible for all charges, including Internet connection or mobile charges, incurred when accessing the Service or any device using the Service, including mobile.

⑥ Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by babidiba or its affiliates or third parties to which separate license terms apply, in which case such license terms apply to such software components. It's possible. For example, if you click to see more information about crypto assets sold through your company marketplace, you'll see a third-party link to the website from which that crypto asset was created. These websites may contain license terms governing the use of such cryptographic assets. If you purchase such crypto assets through the Company Marketplace, you must comply with the applicable terms.

⑦ As noted above, your participation in trading is subject to the trading rules on this page.

 

4. ownership

① Unless otherwise specified in writing by babidiba, the babidiba logo and all designs, text, graphics, photos, information, data, software, sound files, other files and selection and placement (collectively, the “Content”) are transferred to babidiba or, as applicable, It is the exclusive property of the Company's affiliates, licensors or users.

② Notwithstanding anything to the contrary in these Terms, separate license terms may apply to the Services and Content. It may also contain software components provided by babidiba or its affiliates or third parties, in which case the applicable license terms will apply to those software components.

③ The babidiba logo and babidiba product or service names, logos or slogans that may appear on the Services are trademarks of babidiba or its affiliates. Therefore, it cannot be copied, imitated or used in whole or in part without the prior written permission of the company. You may not use "babidiba" or any other name, trademark or product or service name of babidiba or its affiliates, metatags or other "hidden text" without Company's prior written permission. Also includes all page headers, custom graphics, button icons and scripts. The same shall apply if the look and feel of the services and content is similar to babidiba's service marks, trademarks or designs. It may not be copied, imitated or used in whole or in part without the prior written permission of the Company. All other trademarks, registered trademarks, product names and babidiba names or logos mentioned in the Services are the property of their trademark owners. It may not be copied, imitated or used in whole or in part without the permission of the respective trademark owner. References to products, services, processes or other information by name, trademark, manufacturer, supplier, etc., do not constitute or imply endorsement, sponsorship or recommendation by Babidiba.

 

5. License to access and use company services and content

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable personal license to access and use the Services and Content. provided, however, that such licenses are governed by these Terms and do not include the right (a) to commercially sell, resell, or use the Services or Content, (b) to distribute, publicly perform or display the Content, and (c) to modify the Content. not. Derivative use of the Service or Content or any portion thereof is possible, (d) using data mining, robots or similar data collection or extraction methods, (e) downloading portions of the Service (excluding page caching), and (f) for the intended purpose You may use other services or content.

6. hyperlink

You are granted a limited, non-exclusive, non-transferable right to create text hyperlinks to the Service for non-commercial purposes. provided that such links do not depict babidiba or its affiliates or the company's products or services as false, misleading, contemptuous or otherwise defamatory. Linked sites may not contain adult or illegal material, or material that is offensive or objectionable. You may not use babidiba's logos or other proprietary graphics to link to services or content without the express written permission of the company. In addition, you may not use or utilize framing techniques to embed babidiba trademarks, logos or other proprietary information, including images found in searches.

7. THIRD PARTY SERVICES

The Services may contain links to third party websites (“Third Party Websites”) and applications (“Third Party Applications”). When you click on a link to a third-party website or third-party application, the company does not warn you that you have left the company's services and are subject to the terms and conditions (including privacy policies) of the other website or destination. . These third party websites and third party applications are not under the control of babidiba. babidiba is not responsible for any third party websites or third party applications. babidiba provides these third party websites and third party applications only as a convenience. You use all links to Third Party Websites and Third Party Applications at your own risk. When you terminate Company Services, the Company's terms and policies will no longer apply. You should review all applicable agreements and policies, including any third party websites or third party applications' privacy and data collection practices.

8. user behavior

You must not violate any laws, contracts, intellectual property rights or other rights of any third party. You agree that you are solely responsible for your actions while accessing, using the Services, or purchasing goods. You agree to abide by these Terms and not to:

1) Providing false or misleading information to babidiba

2) Use or attempt to use another user's account without babidiba's approval;

3) Making or selling counterfeit products

4) Impersonating someone else or creating a misleading username

5) Use the Services in any way that may interfere with, adversely affect, or impair, disable, overload or impair the functionality of the Services in any way that prevents other users from using the Services;

6) Develop, utilize or distribute software that may compromise the Services, or interact with such APIs in any way;

7) Acts that damage the service by manipulating the babidiba service source code or illegally accessing the server

8) Attempt to bypass any content filtering technology used by the Company or access any feature or area of the Service to which you are not granted access;

9) Use robots, spiders, crawlers, scrapers, scripts, browser extensions, offline readers, or other automated means or interfaces not approved by the Company to access the Services, extract data, or interfere with or modify the rendering of pages or features of the Services; Act

10) Use data collected by Company Services to contact individuals, companies, or other individuals or entities;

11) Unauthorized use of company data for direct marketing activities (e-mail marketing, social media marketing, telemarketing, etc.)

12) Bypass or bypass the guidelines governing any automated access to the Services;

13) Use the Services for any illegal or unauthorized purpose or engage in, promote or promote any activity that violates these Terms;

14) Any act of illegal activity, including using the BSC Platform to intentionally engage in money laundering, terrorist financing, or any activity designed to negatively affect the performance of the BSC Platform or its services;

15) engage in deceptive or manipulative trading activities;

16) Making misleading bids or offers

17) Spam behavior for display at the top of search results

18) Abnormal behavior that has the intention or effect of artificially increasing the number of views, favorites, volume or other metrics that babidiba may use to sort search results;

19) Any financial activity not recognized by babidiba

babidiba facilitates transactions between a diverse community of buyers and sellers. Openness is one of our most cherished values. It may contain content that is somewhat controversial, but we are committed to providing a platform where anyone can exchange a variety of content. The Company is committed to trust, respect and compliance with the law.

When babidiba discovers or calls attention to inappropriate assets, inventories, smart contracts and collections, babidiba strives to create the best policy based on all prior material.

Assets, inventories, smart contracts and collections that babidiba considers inappropriate, intrusive or illegal are prohibited on babidiba. babidiba reserves the right to determine the appropriateness of any listing on the site and to remove it at any time. If a company creates or provides an asset, inventory, smart contract, or collection in violation of these policies, the company may take action that may remove the asset, inventory, smart contract, or collection. Permanently withhold referral payments and developer revenue sharing fees. babidiba cannot destroy or confiscate your assets or smart contracts, but reserves the right to destroy inappropriate metadata stored on company servers.

Metadata that violates international or Korean intellectual property laws, promotes suicide or self-harm, incites hatred or violence against others, demeans or poisons others, or that depicts minors in sexually indecent situations The assets, lists, smart contracts and collections it contains are illegal and babidiba prohibits them and may remove them.

Any action to raise funds for known terrorist organizations listed at https://www.state.gov/foreign-terrorist-organizations/ is prohibited on babidiba and all such information will be removed.

The sale of stolen assets, convertible assets, fraudulently acquired assets, unauthorized assets and other illegally acquired assets is prohibited on babidiba. If it is determined that the asset was acquired illegally, the account will be suspended.

If you have reason to believe that any property listed on babidiba has been obtained illegally, please contact [email protected] immediately. You must present the asset's ID, the asset's contract address, and evidence that the asset was obtained illegally. babidiba will review your claim and reply within 72 hours. Hide the asset or disable the transaction if you believe the asset has been stolen.

All users must be 18 years of age or older. If you are under the age of 18, you can use your parent or guardian's babidiba account, but with the consent of the account holder. However, the account holder is responsible for all actions performed with that account.

The use, purchase, and resale of babidiba NFT content is intended for persons 18 years of age or older. Collections containing profane or explicit sexual content are prohibited and removed from babidiba.

You may not post content that is illegal or objectionable, such as products depicting sexually explicit acts or images depicting sexually suggestive children under the age of 18. Do not use profanity or graphic language in the content you list or create on babidiba.

Creators have a special responsibility to inform Babidiba of the existence of collections, contracts and assets that violate these conditions.

9. User information and copyright

You are solely responsible for the use of any User Information and Services you provide, including compliance with applicable laws, rules and regulations. The company is not responsible for any user information posted or listed through the service.

You reserve the right to any User Information you submit, post or display using the Services.

You may provide feedback, suggestions, ideas, concepts, questions, data or other content about the babidiba Services, and opinions about the provision, promotion and improvement of the Services.

babidiba does not claim that submitting, posting or displaying User Information on or through the Service gives Babidiba any ownership or resale rights in your User Information. We do not say we will own or resell it. We're just saying we can show it a little bit.

You acknowledge that you have or have obtained all rights, licenses, consents, powers, powers and/or rights necessary to grant the rights granted herein to any User Information you submit, post or display on or through the Service. represent and warrant. You agree that such User Information will not contain any material subject to copyright or other proprietary rights unless you have the necessary rights or have the legal authority to publish the material and grant the babidiba license described above.

babidiba reserves the right to remove content without prior notice. babidiba will cease operations in response to official allegations of infringing and terminate users' access to the Services if the user is determined to be a repeat infringer.

If you believe that your content has been copied in a way that constitutes copyright infringement, please report it to your designated copyright agent at:

Cultiplan, Inc.

Address: 2 floor, 62, Bangbae-ro 13-gil, Seocho-gu, Seoul, Republic of Korea

Email: [email protected] Phone: (02) 585-8844

 

A formal claim of infringement against the content of the Service must include:

o Written communication addressed to the agent designated above

o Physical or electronic signature of a person authorized to act on behalf of the copyright owner

o Identification of the allegedly infringing work

o Identification of the allegedly infringing material;

o Address, phone number, email address, or other appropriate method of contact at which the Company may contact the party making the complaint.

o A statement that, under penalty of perjury for the submitted material, the complaining party may exercise its powers on behalf of the copyright owner;

If you believe that your likeness has been used in a way that infringes on your moral rights, please report it by contacting the Personal Rights Representative at the following address:

Cultiplan, Inc.

Address: 2 floor, 62, Bangbae-ro 13-gil, Seocho-gu, Seoul, Republic of Korea

Email: [email protected] Phone: (02) 585-8844

 

Official claims for the content of the Service must include:

o Written communication addressed to the agent designated above

o A physical or electronic signature of a person authorized to act on behalf of the affected person or property

o Identification of the material that the company claims to be in breach reasonably sufficiently to allow the company to locate the material.

o Address, phone number, email address, or other appropriate method of contact at which the Company may contact the party making the complaint.

o A statement that, under penalty of perjury for the submitted material, the complaining party may exercise its powers on behalf of the copyright owner;

10. guarantee

INCLUDING BUT NOT LIMITED TO DAMAGE TO PROPERTY OR PERSONAL INJURY, WHETHER TORT, CONTRACT OR OTHERWISE (collectively, “Claim”), foreseeable or unforeseen in law or in equity, mature or immature, suspected or unsuspected. (a) use or misuse of the Services, user information or cryptographic assets; (b) any feedback you provide; (c) any breach of these Terms; (d) your breach of the rights of other users or third parties, including MetaMask. You agree to promptly notify babidiba of any third party claims and to cooperate with babidiba parties in the defense of such claims. You also agree that babidiba parties will control the defense or settlement of any Third Party Claims. This disclaimer is in addition to, not in lieu of.

11. Disclaimer

Except as expressly provided by babidiba in writing, the Services, the content contained herein and the cryptographic assets listed herein are provided "as is" and "as available" without any warranties, warranties or conditions of any kind. suggestion. babidiba (and its suppliers) makes no warranty that the Services will (A) meet your requirements. (B) timely, safe, or error-free use without interruption; or (C) accurate, reliable, complete, legal or secure. babidiba disclaims all other warranties or conditions, express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. babidiba does not represent or warrant that the content of the service is accurate and complete. Reliable, current or error-free. We shall not be liable for any loss of any kind resulting from any action taken or taken in reliance on any material or information contained in the Service. While babidiba endeavors to secure your access to and use of the Services and Content, babidiba cannot and does not represent, endorse or warrant any cryptographic assets listed on the Services, Content, Company's Services or Company's free servers. We cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information via the Internet and transacting online, and hold the Company liable for any breach of security unless it is the Company's gross negligence. We shall not be liable for any loss of any kind resulting from any action taken or taken in reliance on any material or information contained in the Service. While babidiba endeavors to secure your access to and use of the Services and Content, babidiba cannot and does not represent, endorse or warrant any cryptographic assets listed on the Services, Content, Company's Services or Company's free servers. We cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information via the Internet and transacting online, and hold the Company liable for any breach of security unless it is the Company's gross negligence. We shall not be liable for any loss of any kind resulting from any action taken or taken in reliance on any material or information contained in the Service. While babidiba endeavors to secure your access to and use of the Services and Content, babidiba cannot and does not represent, endorse or warrant any cryptographic assets listed on the Services, Content, Company's Services or Company's free servers. We cannot guarantee the security of any data you disclose online. You accept the intrinsic security risks of providing information via the Internet and transacting online, and hold the Company liable for any breach of security unless it is the Company's gross negligence. babidiba does not represent or warrant that the Services, Content, Company Services or any cryptographic assets listed on Company Servers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information via the Internet and transacting online, and hold the Company liable for any breach of security unless it is the Company's gross negligence. babidiba does not represent or warrant that the Services, Content, Company Services or any cryptographic assets listed on Company Servers are free of viruses or other harmful components. We cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information via the Internet and transacting online, and hold the Company liable for any breach of security unless it is the Company's gross negligence.

The Company shall not and shall not be liable to you for any use of cryptographic assets, including, but not limited to, any loss, damage or claim arising out of: User errors, such as lost passwords, misconfigured transactions, or incorrect addresses (B) server failure or data loss; (C) corrupted wallet files; (D) unauthorized access to the Application; (E) Any unauthorized third party activity, including, but not limited to, the use of viruses, phishing, brute force or other means of attack against the Services or cryptographic assets.

Crypto assets are intangible digital assets. They exist only by the value of the records of ownership maintained in the BSC network. Transfers of ownership that can occur on unique digital assets occur on a decentralized ledger within the BSC platform. We do not guarantee that babidiba or any babidiba party can influence the transfer of ownership or rights of any crypto asset.

babidiba is not responsible for any continuing casualties caused by vulnerabilities or failures of any kind, abnormal behavior of software (eg wallets, smart contracts), or other functions of blockchain or crypto assets. babidiba is not responsible for any casualties resulting from late reporting (or no reporting at all) by developers or representatives of issues related to the blockchain supporting crypto assets, including forks, technical node issues, or other issues that result in loss of funds as a result. take no responsibility.

Nothing in these Terms excludes or limits either party's liability for fraud, death or personal injury resulting from negligence, violation of law, or other activity that cannot be excluded or excluded by lawful means.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER AGREEMENTS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. assumption of risk

You accept and acknowledge that:

The price of blockchain assets is very unstable. Changes in the price of other digital assets can have a significant and negative impact on crypto assets, which can also be subject to significant price fluctuations. We cannot guarantee that buyers of Crypto Assets will not lose money.

① You are solely responsible for determining the tax (if any) applicable to your crypto asset transactions. Neither babidiba nor any other babidiba party is responsible for determining the tax applicable to trading Crypto Assets.

② Company Services do not store, transmit or receive crypto assets. This is because crypto assets exist thanks to a record of ownership maintained on the blockchains they support. All transfers of crypto assets occur within the supporting blockchain, not within this service.

③ There are risks associated with the use of internet-based currencies, including but not limited to hardware, software and internet connection risks, the risk of introducing malicious software, and the risk that third parties may gain unauthorized access to information stored in your wallet. You accept and acknowledge that babidiba is not responsible for any communication interruptions, interruptions, errors, distortions or delays that may occur when using cryptographic assets.

④ The use or lack of public interest in the creation and development of a decentralized ecosystem may have a negative impact on the development of that ecosystem and related applications, and thus the potential usefulness or value of Crypto Assets.

⑤ The regulatory framework governing blockchain technology, cryptocurrencies and tokens is uncertain, and new regulations or policies could significantly affect the development of auctions and/or services and the usefulness of crypto assets.

⑥ The service relies on third-party platforms such as MetaMask to conduct transactions for crypto asset auctions. If we are unable to maintain a good relationship with such platform provider, the terms and conditions or prices of such platform provider change; Access to and use of the Services will become difficult if the Company violates or is unable to comply with the terms and conditions of such platforms, or if one of those platforms loses market share, becomes unpopular, or becomes unavailable for an extended period of time.

⑦ There are risks associated with purchasing user-generated content, including but not limited to counterfeit assets, mislabeled assets, assets susceptible to metadata corruption, assets in buggy smart contracts, and assets that may become non-transferable. babidiba reserves the right to hide collections, contracts and assets affected by these or other issues. Purchased assets may become inaccessible on babidiba. In no event shall babidiba be able to see your property on the basis of a claim against babidiba.

 

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall babidiba be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising out of these products. FOR ANY DAMAGES IN CONNECTION WITH THE PARTY SITES AND PRODUCTS OR LOSS OF PROFITS, LOSS OF PROFITS, LOSS OF BUSINESS OR ESTIMATED SAVINGS, LOSS OF USAGE, LOSS OF GOODNESS, OR LOSS OF DATA, WHETHER CAUSED IN TORT.

Notwithstanding anything contained herein to the contrary, in no event shall babidiba's maximum and total liability arising out of or in connection with these Terms arise out of access to and use of the Services, Product Content or Cryptocurrency. Exceeds the greater of (A) $100 or (B) the amount babidiba received from the sale of the crypto-asset subject to the claim, whichever is greater.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Some jurisdictions also limit the disclaimer or limitation of liability for personal injury caused by consumer products, so this limitation may not apply to personal injury claims.

14. service modification

The Company reserves the right, in its sole discretion, to temporarily or permanently modify, suspend or discontinue the Service (or any function or part thereof), or to suspend or discontinue the auction.

15. Dispute Resolution and Arbitration

PLEASE READ CAREFULLY THE FOLLOWING ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) IN THIS SECTION. This requires you to arbitrate disputes with babidiba and limits the way in which you can seek relief from the Company.

① Application of Arbitration Agreement. You agree that all disputes or claims relating to access or use of the Services, products sold or distributed through the Services, or any aspect of your relationship with babidiba will be resolved by binding arbitration. provided, however, that (1) your claim may be asserted in small claims court if it is entitled. (2) You or babidiba may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents).

② Arbitration Rules and Forums. Federal arbitration laws govern the interpretation and enforcement of this arbitration agreement. To begin the arbitration proceeding, you must request arbitration and send a letter explaining your claim to your registered agent, Devin Finzer, 228 Park Ave S, #22014, New York, NY 10003. Arbitration will be conducted by JAMS, an established alternative dispute resolution provider. For disputes involving claims and counterclaims of less than $250,000, not including attorneys' fees and interest, please refer to the latest version of JAMS' Simplified Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. follow .; All other claims will be governed by the most current version of JAMS' Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/.. JAMS' RULES AT jamsadr.com or by calling JAMS at 800-352-5267. If JAMS cannot be arbitrated, the parties will choose an alternative arbitration forum. If the arbitrator determines that you cannot afford to pay JAMS' filing, administration, hearing and/or other fees and you are not eligible for a waiver from JAMS, babidiba will pay the costs on your behalf. babidiba will also reimburse all such JAMS filing, administration, hearing and/or other fees for claims totaling less than $10,000, unless the arbitrator determines that such claims are frivolous. You may choose to conduct the arbitration by phone, in writing, or in person in your country of residence or other mutually agreed location. Any judgment on any award rendered by the arbitrator may be submitted to any court of competent jurisdiction.

③ Arbitrator's Powers. The arbitrator shall have the exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute relating to the interpretation, applicability, enforceability or composition of this arbitration agreement. Alternatively, any part of this arbitration agreement may be void or void. The arbitration will determine the rights and responsibilities (if any) of you and babidiba. The arbitration proceeding is not consolidated with any other matter or combined with any other case or party. The arbitrator reserves the right to grant consent to any or all claims. The arbitrator has the power to award monetary damages and grant non-monetary relief or remedies available to individuals under applicable law. The Rules and Terms of the Arbitration Forum (including the Arbitration Agreement). The arbitrator shall issue an award and written award setting forth the key findings and conclusions upon which the award is based, including the calculation of the award. The arbitrator has the power to award relief on the same individual basis that a judge of the court may have. The arbitrator's award is final and binding on you and the company.

④ Waiver of Jury Trial. You and babidiba hereby waive all legal and statutory rights to bring an action in court and be tried by a judge or jury. Instead, you and babidiba elect to have all claims and disputes settled through arbitration under this Arbitration Agreement, except as provided in Section 15(b) above. The arbitrators may individually award the same damages and remedies as the courts and are subject to these Terms as they would in a court of law. However, there are no judges or juries in arbitration, and court reviews of arbitral awards are subject to very limited review.

⑤ Class Waiver or Other Impersonal Remedies. All claims and disputes arising out of the scope of this arbitration agreement shall be arbitrated individually and not collectively or collectively, and only remedies are available on an individual basis and may be claimed from an ARBI customer or customer or one or more users. Any other customer or user. If it is determined that applicable law is unenforceable in any part of the limitations of this section with respect to a claim for relief, that claim shall be separated from arbitration and brought before the courts of Seoul, Korea. All other claims will be arbitrated.

⑥ 30-day right to opt-out. You have the right to opt out of any provision of this Arbitration Agreement by sending written notice of your opt-out decision to: Cultiplan, Inc., 2 floor, 62, Bangbae-ro 13-gil, Seocho-gu, Seoul, Republic of Korea, 30 days after becoming the subject of this arbitration agreement. You can also submit your decision here. Your notice must include your name and address, the email address you used to set up your account (if any), and a clear statement that you wish to opt out of this arbitration agreement. If you decline this arbitration agreement, all other parts of these Terms will continue to apply to you. Your refusal to enter into this arbitration agreement will not affect any other arbitration agreements that you have or may enter into in the future with the Company.

⑦ separability. EXCEPT AS PROVIDED IN THIS SECTION, IF ANY OR ANY PART OF THIS ARBITRATION AGREEMENT IS FOUND void or unenforceable under law, that particular part will be void and sever, and the remaining arbitration agreement will remain in full force and effect.

⑧ contract survival. This arbitration agreement will survive the termination of your relationship with babidiba.

⑨ modification. Notwithstanding anything to the contrary in these Terms, if babidiba makes material changes to this Arbitration Agreement in the future, the Company may reject such changes by writing to babidiba within thirty (30) days after such changes become effective at: I agree. 2 floor, 62, Bangbae-ro 13-gil, Seocho-gu, Seoul, Republic of Korea.

 

16. Governing Law and Venue

These Terms, your access to and use of the Services and Content, and your participation in auctions shall be governed by, construed and enforced in accordance with the laws of Seoul, Korea without regard to any conflict of law rules or principles. Seoul, Korea or any other jurisdiction), the laws of other jurisdictions will apply. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court may be resolved separately in the district court of competent jurisdiction.

17. End

Notwithstanding anything contained in these Terms, Company reserves the right to terminate your right to access or use the Service at any time, in its sole discretion and for any reason, without notice, and you agree to and you are not entitled to a refund of any amount already paid by you to the Company to the fullest extent permitted by applicable law.

18. separability

If any provision, provision or provision of these Terms becomes invalid or unenforceable, such provision, provision or provision may be severed from these Terms. Nothing herein affects the validity or enforceability of that provision, provision or the remainder of that provision.

19. survival

The following sections will survive the expiration or termination of these Terms and any termination of your account: All Defined Terms and Sections 1-4 and 7-19.

20. etc

These Terms, together with the rules of purchase and auction, constitute the entire agreement between you and babidiba with respect to your access to and use of the Services and Content, and your participation in the auction. These Terms and all rights and licenses granted hereunder may not be transferred or assigned by you in any prior, contemporaneous or subsequent circumstances without babidiba's prior written consent, and the failure of babidiba to assert any right or provision under these Terms shall constitute a waiver. Do not. of any such right or provision. Except as otherwise provided herein, these Terms are for the benefit of the parties only and are not intended to confer any third party beneficiary rights to any other person or entity.

contract termination