The following Terms and Conditions sets out the terms and conditions applicable to you by signing up as a user (the “User” or “you”) of [insert company name] dba Shizzle Indonesia’s (“Shizzle Indonesia” “we” or “us”)website found at shizzle.id (including but not limited to any Shizzle Indonesia mobile and other web application, decentralized application, smartcontract, API or other platform, application or service collectively, the “Website”) or buying or holding a CDA (as defined below). We reserve the right, at our sole discretion, to change or modify portions of these Terms andConditions at any time.
The Website has been created to allow creators and fans to interact, for creators to create unique creative digital assets (a “CDA”) including revenuestreams from Spotify, YouTube and other companies and other perks and extras for fans to purchase in order to support their favorite artists (the “Service”). You may register for an account on the Website as either a creator (“Creator”) or as a fan (including any purchasers of a CDA through athird-party application or entity “Fan”).
Shizzle Indonesia reserves the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Shizzle Indonesia will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. We have no obligation to retain any part of the Shizzle Indonesia Account (as defined S
Shizzle Indonesia is not a wallet provider, exchange, broker, financial institution, or creditor. Shizzle Indonesia provides a peer-to-peer web service that helps Users discover and interact with each other and CDAs available in public blockchains. We do not have custody or control over the CDAs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of CDAs. To use our Website, you must use a third-party wallet which allows you to engage in transactions on blockchains.
Conditions of Use of the Website
License to Use the Website: The Website is to be used solely for the purposes described within these Terms and Conditions, and may not be exploited in any commercial manner not expressly granted herein. Except for the foregoing limited license, no right, title or interest shall be transferredto you. Unless otherwise expressly authorized herein or in the Website, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload (as defined below) for any commercial purposes, any portion of the Website, use of the Website, or access to the Website.
Registration Obligations: You may be required to register with Shizzle Indonesia in order to access and use certain features of the Website (“Shizzle Indonesia Account”). If you choose to create a Shizzle Indonesia Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized touse the Website. There are two types of Shizzle Indonesia Accounts you can create through the Website, (1) a creator account (“Creator Account”) for musicians, artists, podcasters, social media artists and other creators and (2)a Fan account (“Fan Account”) as a fan of Creators. Any User found to be falsely representing their identity shall have their Shizzle Indonesia Account immediately terminated and potentially be liable for civil and criminal penalties.
Prohibited Users: The Website is not authorized for use by Users in certain other jurisdictions including but not limited to Users from the United States or any country that is designated by the U.S. Government as a terrorist-supporting country, listed by the U.S. Government as a prohibited or restricted party, subject to a U.S. Government embargo, or otherwise have U.S. Government or certain international economic sanctions applied (a “Prohibited User”).
In accordance with our anti-money laundering, anti-terrorism, anti-fraud, andother compliance policies and practices, we may impose reasonable limitations and controls on the ability of a User to use the Website. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting Users from using the Website.
Creator Account: The Creator Account is designed for creators who wish to interact with their Fans and to create unique creative digital assets that haveunique attributes such as fan perks and revenue streams from Spotify, YouTube and other companies for fans to purchase in order to support their favorite artists.
To sign up for the Website or the Service as a Creator, you will provide some or all of the following information:
full name or company nameemail addresspassport or other IDphotograph to be used as profile imagevideo files or links to creative worksunique digital artworkconnections to and personal data from Spotify, YouTube or sitessocial media connections and linksCreators may only create a Shizzle Indonesia Account under a Creator’s individual or company or brand identity. In the event the company or brand identity that is protected by a registered trademark is used to create a Creator Account, only the owner of the registered trademark will be permitted to create the Creator Account.
You will also be required to authenticate your identity from time to time. To do so, Shizzle Indonesia reserves the right to require you to submit documentation demonstrating either your identity, your ownership of the company name you register and/or any trademarks associated with that company. You may be required to pass KYC and AML checks as required from time to time.
Fan Account: The Fan Account is designed for individuals wishing to interact and connect with Creators. When creating a Fan Account you will be asked for the following information:
full nameemail addresspassport or other IDphotograph to be used as profile imageEvery Fan must adhere to our policy of single account per user. Creating multiple accounts is strictly prohibited. We reserve the right to authenticate your identity from time to time. We reserve the right to suspend your account if we suspect you are in violation of our terms and policies. You maybe required to pass KYC and AML checks as required from time to time.
Dashboard: Fans and Creators shall have access to a dashboard upon loginto the Website (the “Dashboard”) wherein Creators can access their CreatorAccount information and Fans can access their Fan Account Information.
Shizzle Indonesia Account, Password and Security: You may only use and access your own Shizzle Indonesia Account, and you may not provide another person with the username and password to access your Shizzle Indonesia Account. You are fully responsible for any and all activities that occur under your password or Shizzle Indonesia Account. You agree to (a) immediately notify Shizzle Indonesia of any unauthorized use of your password or Shizzle Indonesia Account or any other breach of security, and (b) ensure that you exit from your Shizzle Indonesia Account at the end of each session when accessing the Website. Shizzle Indonesia will not be liablefor any loss or damage arising from your failure to comply with this Section.
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials, including Offers and tasks or contests for Distribution (“User Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Website. The following are examples of the kind of User Content and/or use that is illegal or prohibited by Shizzle Indonesia. Shizzle Indonesia reserves the right to investigate and take appropriate legal action against anyone who, in Shizzle Indonesia’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Website, suspending or terminating the Shizzle Indonesia Account of such violators and reporting you to the law enforcement authorities.
You agree to not use Website to:
(a) email or otherwise Upload or share any User Content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships;
(iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
(vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
(vii) in the sole judgment of Shizzle Indonesia, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Shizzle Indonesia or its users to any harm or liability of any type;
(viii) constitutes a lottery or violates state or federal sweepstakes regulations.
(b) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
(c) violate any applicable local, state, national or international law, or any regulations having the force of law;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) solicit personal information from anyone under the age of 18;
(f) harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website;
(j) causes damage to the Website or impair the availability of access to the Website;
(k) decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted byapplicable law;
(l) copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software;
(m) conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Shizzle Indonesia’s express written permission;
(n) transmit or send any unsolicited commercial communications; or
(o) for any third-party marketing without Shizzle Indonesia’s express written permission.
User Content: You represent and warrant that you own all right, title and interest in and to User Content, including, without limitation, all copyrights and rights of publicity contained therein. By Uploading any User Content you hereby grant and will grant Shizzle Indonesia, its affiliated companies and partners, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, adapt,perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Website, provided by you to Shizzle Indonesia, its affiliated companies or partners are non-confidential and Shizzle Indonesia, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of such submissions forany purpose, commercial or otherwise, without acknowledgment or compensation to you.
Rules for User Content. By submitting or posting User Content, you agree to the following rules:
You have or own the necessary rights, consents, releases, licenses, and/or permissions for the User Content;The User Content will not damage you, us, or any third party;The User Content is accurate and complete;The User Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or violatethese Terms and Conditions;The User Content does not solicit business without the prior written consent of Shizzle Indonesia; andYou will not do or attempt to do anything to harm, disrupt, orinterfere with Shizzle Indonesia’s security, system, accounts, passwords, servers, data, or networks.User Content is the sole responsibility of the person(s) who created it, and Shizzle Indonesia and its employees, agents, directors, and officers, undertake no obligation or liability related to such User Content. Shizzle Indonesia and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful User Content or User Content that breaches these Terms and Conditions, nor doesit assume responsibility or liability that may arise from the User Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.
Shizzle Indonesia has sole discretion when determining whether certain User Content violates these Terms and Conditions and to remove any User Content. Shizzle Indonesia further reserves the right to, in its sole discretion, remove or block any User who violates any of the terms herein.
Defamatory Comments: You agree and understand that you may be held legally responsible for damages suffered by other users or third-parties as the result of your remarks, information, feedback or other User Content uploaded or made available on the Website that is deemed defamatory or otherwise legally actionable. Shizzle Indonesia is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.
Third Party Material: Under no circumstances will Shizzle Indonesia be liable in any way for any content or materials of any third parties or any linksprovided to third-party websites or applications (“Third-Party Content”), including, but not limited to, for any errors or omissions in any Third-Party Content, or for any loss or damage of any kind incurred as a result of the useof any such Third-Party Content. You acknowledge that Shizzle Indonesia does not pre-screen Third-Party Content, but that Shizzle Indonesia will have the right (but not the obligation) in its sole discretion to refuse or remove any Third-Party Content that is available via the Website. Without limiting the foregoing, Shizzle Indonesia will have the right to remove any Third-PartyContent that violates these Terms and Conditions or is deemed by Shizzle Indonesia, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such content.
About Our Service
Our software service allows Creators to sell, and Fans to collect, CDAs through the Website. Shizzle Indonesia is not a party to any transaction between Creators and Fans. Shizzle Indonesia is not responsible for, or produce, control or vet content provided by Creators. We do not assume anyresponsibility for the accuracy or reliability of any information provided by Creators.
You acknowledge and agree that a CDA and any associated revenue stream payments and any other perks and rewards, if any, shall be programmed to enable you to take certain actions to claim streaming payments and other perks and rewards and/or be self-executing via a governing blockchain’s (e.g., Polygon, Ethereum) smart contract system and/or nonfungible token standard and Shizzle Indonesia has no control or ability to modify such streaming payments, perks or rewards, nor an obligation to collect or distribute such streaming payments perks and rewards to Creators or Fans.
A Creator may require a fee to purchase one of its CDAs. Fans are responsible for paying any CDA fee directly to the Creator pursuant to any additional terms provided by such Creator.
You may receive CDAs or other perks or rewards in connection with your use of the Website. In order to purchase/receive CDAs or other digital rewards, you must first connect to a third-party digital wallet owned by you. Shizzle Indonesia is not a digital asset custody service and is not responsible for the management or custody of any CDA, rewards or funds. Any digital rewards in connection with a CDA may be subject to additional terms and conditions, which you will be deemed to accept upon your receipt of such digital rewards.
Creators have no obligation to take any actions to promote any CDAs. The value of CDAs, and the streaming revenue associated with them, if any, are determined by fan interest and by the streaming popularity of the content associated with the CDA based on algorithms created and utilized by streaming platforms such as Spotify and YouTube. Shizzle Indonesia cannot ensure and does not represent that a CDA will generate any amount of streaming revenue.
CDA’S ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT SHIZZLE INDONESIA OR ANY USER CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CDA.
SHIZZLE INDONESIA IS A PLATFORM PROVIDING SOFTWARE SERVICES. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. WE ARE AN ADMINISTRATIVE PLATFORM ALLOWING FANS TO COLLECT THEIR FAVORITE DIGITAL ASSETS. SHIZZLE INDONESIA FACILITATES TRANSACTIONS BETWEENCREATORS AND FANS BUT WE ARE NOT A PARTY TO ANY AGREEMENT BETWEEN CREATORS AND FANS OF CDAS OR BETWEEN FANS THROUGH THIRD-PARTY SERVICES OR PLATFORMS.
Payments
Third Party Payment Processors: Payments and refunds facilitated by theWebsite may be processed by a third-party payment processor (“Payment Processor”). You may be required to create an account with such Payment Processor, and by doing so, you are agreeing to comply with the Payment Processor’s Terms And Conditions. You may need to provide additional informationto verify your identity, business and tax information and your bank information when you register with the Payment Processor. If, and to the extent, we accept, hold or transmit funds in connection with your purchase, you agree that we do so, on your behalf, as your limited agent and you hereby appoint Shizzle Indonesia as your limited agent solely for the purposeof accepting payments from, and refunding payments to, service recipients on your behalf. In accepting appointment as your limited agent, we assume no liability for any of your acts or omissions.
Payment Holdbacks: We reserve the right to offset future payments, including any streaming revenue payments, to you (“Payment Holdbacks”)in certain cases including without limitation: (i) where your Shizzle Indonesia Account is subject to excessive chargebacks resulting in additional costs or fees from the Payment Processor; (ii) where the Payment Processor withholds a percentage of a payment as a reserve, for example, as a result of actual or suspected fraudulent activity; or (iii) in certain cases where we decide, in our sole discretion, that it is prudent or necessary to reverse a transaction. We further reserve the right to implement Payment Holdbacks toyou if payments are deemed suspicious or fraudulent, at our sole discretion. We will notify you that you are subject to a Payment Holdback and we may require that you provide supporting documentation or information related to the relevant payment(s) and corresponding purchase(s). If you do not provide such supporting evidence within the requested timeframe, we reserve the right to refund the payment and transfer any available funds from your wallet to your identified bank account or otherwise take any actionwe feel is reasonably necessary to comply with our policies and compliance standards (including KYC and AML policies), including those imposed by any relevant financial institution, our Payment Processor, or the credit card network rules, as well as any applicable law or designations as a Prohibited User.
Sole Responsibility of Users: Users are solely responsible for the information provided in connection with payments and refunds processed via the Website. If a User purchases a CDA using a credit card, the User is responsible for ensuring the bank issuing their credit card releases the funds.Users remain solely liable for the price of the CDA if they cancel or otherwise dispute the credit card transaction after purchasing the CDA. Shizzle Indonesia will not be liable for failure of a User to complete any payment or refund from or to their Shizzle Account or for any fraudulent behavior conducted by Users on the Website.
Disclaimer of Liability: Shizzle Indonesia expressly disclaims any liability for the actions, including fraud, on the part of the third-party sellers or third-party payment processors or providers on the Website. We have no insight or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third partyfor any claims or damages that may arise as a result of any transactions thatyou engage or any other transactions that you conduct.
Resale of CDAs
CDAs will be listed for initial sale through the Website. Once an initial sale takes place and all rights and responsibilities are transferred from the seller to the purchaser of a CDA, the purchaser may list the CDAs on a third-party platform such as OpenSea. Any resale of CDAs purchased through a third-party platform will be governed by these Terms and Conditions (where applicable) and the original purchase terms governing the Fans purchase of the CDA, and may also be governed by the terms and conditions of the third-party platform. Shizzle Indonesia is not associated or responsible in any way with the resale of CDAs on a third-party platform. Shizzle Indonesia disclaimsany and all warranties and liability for the Resale of CDAs on a third-party platform. Shizzle Indonesia shall be under no obligation to record any resale of the CDAs and does not guarantee or warrant any price associated with any resale of the CDAs.
If you elect to sell, purchase, or trade any CDAs, such transactions will be conducted solely through the blockchain network governing such CDA and you will be required to make or receive payments exclusively through the self-custodial digital asset wallet. We have no control over any payments or transactions or over a User’s digital wallet.
Fees
By buying or selling a CDA on the Website, you agree to pay all applicable fees and you authorize Shizzle Indonesia to automatically deduct fees (including any transaction fees, or Gas Fees, as applicable) and payment processing fees, including credit card transaction fees, directly from your payment. Gas fees fund the network of computers that run decentralized
blockchain networks, meaning that you will need to pay a Gas Fee for each transaction that occurs via a blockchain network.
Disputes between Creators and Fans
Shizzle Indonesia is not a party to any relationship between Creators and Fans or in the delivery of CDAs, streaming revenue payments or perks and extras. In the event that you have a dispute with any Creator or Fan or in connection with streaming revenue payments or perks or extras, you agree to address such dispute directly with such party. If permitted in your jurisdiction, you release Shizzle Indonesia (and Shizzle Indonesia’s officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from, and covenant not to sue Releasees for any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
Intellectual Property Rights
Shizzle Indonesia owns all rights in (1) the Website (2) all content on the Website, other than User Content (3) any technology associated with the Website, and (4) Shizzle Indonesia’s trademarks and any goodwill, derivative works, improvements and/or intellectual property associated with the Website (collectively the “Shizzle Indonesia IP”). Users will not copy, modify, distribute, sell, or lease the Website or the Shizzle Indonesia IP or any part thereof or attempt to unlock or bypass any encryption or other protections used by Shizzle Indonesia. Users acknowledge that the Website and Shizzle Indonesia IP constitutes Shizzle Indonesia trade secrets and confidential information. Users will not use any such information to duplicate the Website or the results of the Website or to develop a similar Website, or to enable any third party to do any of the foregoing. Users shall not develop or use any alternative app or website that is substantially similar to the Website. Any violation of this provision shall be deemed to be an infringement of Shizzle Indonesia’s intellectual property and may result in termination of your Shizzle Indonesia Account at Shizzle Indonesia’s sole discretion and/or taking any legal action that Shizzle Indonesia may deem necessary.
The following uses of the Website and Shizzle Indonesia IP are not permitted:
Republication of content from the Website, unless content is specifically and expressly made available for republication;Sale, rental or sub-license of any content from the Website;Reproduction or duplication of any content on the Website for commercial purposes;Modification of any content on the Website, unless content is specifically and expressly made available for modification;Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.Trademarks: Names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Shizzle Indonesia. Nothing in these Terms and Conditions or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Shizzle Indonesia Trademarks displayed on the Website, without our prior written permission in each instance. All goodwill generated from the use of Shizzle Indonesia Trademarks will inure to our exclusive benefit.
Indemnity and Release
You agree to release, indemnify and hold Shizzle Indonesia and its affiliates and their officers, employees, directors and agents harmless from any and alllosses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to your use of the Website, User Content, your connection to the Website, your violation of these Terms and Conditions or Shizzle Indonesia policies or your violation of any rights of another User or in connection with a dispute with another User.
Disclaimers
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHIZZLE INDONESIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SHIZZLE INDONESIA MAKES NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OFCDAs, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL ASSET WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR DIGITAL ASSETS.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY CDA BLOCKCHAIN NETWORK OR THE METAMASK ELECTRONIC WALLET OR ANY OTHER COMPATIBLE WALLET.
We are not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the CDAs. Shizzle Indonesia is not responsible for casualties due to late report by developers or representatives(or no report at all) of any issues with the blockchain supporting CDAs, including forks, technical node issues or any other issues causing a loss of funds as a result.
Shizzle Indonesia shall use commercially reasonable efforts to deposit the CDAs into the address designated by the User. In the event that Shizzle Indonesia deposits CDA’s into an incorrect address, Shizzle Indonesia may not have the ability, and is under no obligation or duty, to return such CDAs to Creators or Fans.
CDAs are not designed for investment purposes and Shizzle Indonesia does not give any advice or recommendation that the CDAs are to be considered as a type of financial investment by any law, rule, or regulation. With respectthe sale of CDAs, Users acknowledge and agree that they are purchasing them as rare collectibles and are not expecting to profit from the CDAs based on any efforts by Shizzle Indonesia or its affiliates.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHIZZLE INDONESIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHIZZLE INDONESIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SHIZZLE INDONESIA WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL SHIZZLEINDONESIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THROUGH USE OFTHE SHIZZLE INDONESIA WEBSITE IN THE LAST THREE (3) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Assumption of Risk
You recognize and assume the risks of using the Website and collecting CDAswhich include but are not limited to:
You acknowledge that CDAs are rare items for collecting only and have no expectation of profit on the value of the CDAs. The prices and liquidity of digital assets (including CDAs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect CDAs madeavailable through the Website, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of CDAs will not lose money.
The Website relies on third-party providers to perform certain key services including storage, transmission of digital information and payment services. If the services of the provider become disrupted or are no longer available orif the terms and conditions or pricing of such platform providers change or if we cannot comply or violate with the terms and conditions of such providers,access to and use of the Service may be adversely affected.
The regulatory regime governing blockchain technologies, digital assets, andtokens is uncertain, and new regulations or policies may materially adverselyaffect the development of the Website and the utility of CDAs including your ability to access or use your CDAs, the Website or the blockchain networks associated with the CDAs. Various legislative and executive bodies in certaincountries (including in the EEC, the United States and in Asia) may adopt laws, regulations, guidance, interpretations, or other actions which may severely impact the development, adoption, and support of your CDAs. Such actions may materially and adversely impact the value of the currency in which your CDAs may be exchanged, the liquidity of your CDAs, the ability to access marketplaces or exchanges on which to trade your CDAs, and the structure, rights, and transferability of your CDAs.
Some of the risks associated with purchasing User generated content includethe risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become inaccessible or untransferable. We reserve the rightto remove collections, contracts, and assets affected by any of these issues or by other issues.
Our Website does not store, send, or receive digital assets. This is because digital assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of digital assets occurs within the supporting blockchain and not on the Website. Some transactions in CDAs shall be deemed to be made when recorded on a public ledger, and certain transactions may remain in a pending state for a period of time while their confirmations are being processed on the supporting blockchain. As a result, the confirmed date or time of a transaction may not necessarily be the date or time that you initiated the transaction.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Shizzle Indonesia has no ability to reverse any transactions on the blockchain.
Hackers or other groups or organizations may attempt to interfere with the Website, your CDAs and/or your digital wallet in any number of ways, including denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. There is a risk that your CDAs and the technology infrastructure may include security weaknesses or bugs, which may interfere with the use, or cause the complete loss, of your CDAs. Advances in cryptography may present risks to cryptocurrencies, digital tokens (including Native Tokens), CDA Blockchain Networks, your CDAs, and our technology infrastructure, which may result in the theft or complete loss of your CDAs.
The terms of certain CDAs may provide the holder of such CDAs with access to special benefits or perks. You acknowledge that we cannot, and do not, make any guarantee as to the satisfaction or performance of any additional benefits associated with any CDA and that there is a risk that such additionalbenefits may not be fully performed or satisfied or performed or satisfied at all. The performance of additional benefits is completely outside of Shizzle Indonesia’s control.
Shizzle Indonesia utilizes digital asset price quotes from third parties and payment providers for digital asset on-ramps and offramps and the payment of proceeds from CDAs in stable coins and other digital assets. Shizzle Indonesia is not responsible for the accuracy of any price quotes or any losses caused by any price delays or errors in the digital asset price quotes.
The distributed ledger that will be used to record distributions of CDAs will beavailable to the public. The personal identity information necessary to associate a public key of an CDA with the owner may be maintained by Shizzle Indonesia in a system that is not exposed to the public. However, distribution data with respect to CDAs can be viewed on any public blockchain explorer. Security breaches could result in theft of the informationnecessary to link personal identities with public keys, and the stolen information could be used to determine a User’s complete CDA purchasing history.
Streaming Revenues
Shizzle Indonesia is not responsible for streaming revenue payments and does not represent that you will receive any particular amount of streaming revenue. You accept and acknowledge that you may receive little or no streaming revenue payments in connection with a CDA and that you are purchasing CDA’s as unique one-of-a-kind collectible items and not for any revenue that may be associated with the CDA.
All estimates, projections, or forecasts of streaming revenue on the Website are for informational purposes only. Many factors, including but not limited tothose discussed herein, could cause actual streaming results and payouts to differ materially from any estimates contained on the Website.
Streaming revenues have certain risks and are dependent upon numerous factors, including but not limited to the popularity of a particular content andthe content’s availability on streaming platforms which we do not control. Streaming revenue payments are contingent upon third parties, including service providers and distributors outside of our control.
Gas fees
Certain transactions on the Website, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitatedby smart contracts existing on blockchain networks such as Polygon or Ethereum. Each CDA blockchain network generally requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on such CDA blockchain network, and thus such transaction occurring on the Website. If you, or Shizzle Indonesia on your behalf, initiate a transaction on an CDA blockchain network you may have to pay fees in the form of such CDA blockchain network’s native token. These Gas Fees are paid to validate a transaction. The value of the Gas Fees change (often unpredictably), will vary from transaction to transaction, and is entirely outside of the control of Shizzle Indonesia. Shizzle Indonesia does not establish the amount of Gas Fees required to complete a transaction and there is no limit on the Gas Feesa transaction may need to complete in a timely manner.
You acknowledge that under no circumstances will a purchase or other transaction on the Website be invalidated or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you. You also acknowledge and agree that gas is non-refundable under all circumstances and that Shizzle Indonesia may deduct any Gas Fees in connection with any of your transactions on the Website.
Termination
You agree that Shizzle Indonesia, in its sole discretion, may suspend or terminate your Shizzle Indonesia Account (or any part thereof) or use of the Website and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if Shizzle Indonesia believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or any its policies or applicable laws or regulations. Any suspected fraudulent, abusive or illegal activity that may begrounds for termination of your use of the Website, and may be referred to appropriate law enforcement authorities. Shizzle Indonesia may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that Shizzle Indonesia may immediately deactivate or delete your Shizzle Indonesia Account and all related information and files in your Shizzle Indonesia Account and/or bar any further access to such files or the Website with or without cause. Further, you agree that Shizzle Indonesia will not be liable to you or any third party for any termination of your access to the Website.
Dispute Resolution
Should any dispute arise out of or relating to this Agreement, including any question regarding its existence, validity or termination (“Dispute”) the Users and Shizzle Indonesian agree to do their utmost to resolve the Dispute amicably. Should such parties fail to resolve a Dispute amicably, the Dispute shall be referred to the Singapore International Arbitration Centre (“SIAC”) inaccordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in these Terms and Conditions. The language to be used in the arbitration shall be English. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator to serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then SIAC will appoint the third arbitrator. The seat, or legal place, of arbitration shall be Singapore.
Barring extraordinary circumstances, the arbitrators will issue their decision within one hundred twenty (120) days from the date the third arbitrator is selected. The arbitrators may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The arbitrators’ decision and award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The award rendered by the arbitrators will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. Thearbitration will not be combined with any other proceeding or arbitration against one of the parties.
If any arbitration is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing party in such suit or action or other proceeding shall be entitled to an award against the other party for theprevailing party’s reasonable attorney’s fees and costs incurred in such arbitration or proceeding.
We all agree to waive any rights to assert any claim or dispute under this Agreement in any other court, forum, tribunal in any jurisidiction other than Singapore as provided herein.
The arbitration will be governed by and construed in accordance with Indonesian law without reference to conflict of laws provisions.
No Class Actions: We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither you nor Shizzle Indonesia can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside
Notwithstanding the provisions of the introductory section above, if Shizzle Indonesia changes this ‘Arbitration’ section after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), may reject any such change by sending us written notice by email to
[email protected] within thirty (30) days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Shizzle Indonesia’s email to you notifying you of such change. By rejecting any change, you are agreeing thatyou will arbitrate any dispute between you and Shizzle Indonesia in accordance with the provisions of this section as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).
International Use: Shizzle Indonesia makes no representation that the Website is appropriate or available for use in locations outside Indonesia. If you access the Website from other locations, you do so at your own risk and are responsible for compliance with local laws.
Interactions with other Users
You agree that you are solely responsible for your interactions with any otherUser in connection with the Website and Shizzle Indonesia will have no liability or responsibility with respect thereto. Shizzle Indonesia reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Website.
YOU ACKNOWLEDGE AND UNDERSTAND THAT SHIZZLE INDONESIA HAS NOT,AND DOES NOT, IN ANY WAY: (A) SCREEN THE USERS OF THE WEBSITE; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS OF THE WEBSITE; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS OF THE WEBSITE. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER. SHIZZLE INDONESIA DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALLSHIZZLE INDONESIA BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER’S CONDUCT IN CONNECTION WITH SUCH USERS’ USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHERDAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
No offering or sale of securities
CDAs hosted on the Shizzle Indonesia platform are not intended to be an offering or sale of securities, swaps on either securities or commodities or a financial instrument of any kind as may be determined by any law, rule, or regulation. This document and all other content, does not constitute a prospectus or offering document, and is not an offer to sell securities.
No investment advice
Shizzle Indonesia does not provide any investment advice or make any investment recommendations to any persons and no communication throughthe Website or any other medium should be construed as such.
Any decision to collect and sell CDAs using the Website is your decision and we will not be liable for any loss suffered. You are solely responsible for making your own independent appraisal and investigations into the risks of collecting CDAs. You represent that you have sufficient knowledge regarding digital assets and the blockchain, market sophistication, technical knowledgeand experience to make your own evaluation of the merits and risks of any transaction.
No fiduciary relationship
You agree and acknowledge that you and Shizzle Indonesia do not have a fiduciary relationship and that Shizzle Indonesia owes no fiduciary duty to you, including the duty to ensure fair pricing of CDAs sold on the Website.
Taxes
You are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Website (including, without limitation, any taxes that may become payable as the result of your ownership, purchase, transfer, sale, or creation of any CDAs). You are solely responsible for determining what, if any, taxes apply to your transactions through the Website. You acknowledge and agree that Shizzle Indonesia is not responsible for determining the taxes that apply to such transactions.
General
These Terms and Conditions (including any policies and purchase terms and agreements referred to in the Website) are the entire agreement between you and Shizzle Indonesia and govern your use of the Website, superseding any prior agreements between you and Shizzle Indonesia with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party apps, third-party content or third-party software.
The failure of Shizzle Indonesia to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You may not assign these Terms and Conditions without the prior written consent of Shizzle Indonesia, but Shizzle Indonesia may assign or transfer these Terms and Conditions, in whole or in part, without restriction.
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Notices to you may be made via either email or regular mail. The Website may also provide notices to you of changes to these Terms and Conditions orother matters by displaying notices or links to notices.
Your Privacy
At Shizzle Indonesia, we respect the privacy of our users. For details please see our Privacy Policy. By using the Website, you consent to our collection and use of personal data as outlined therein.
Questions? Concerns? Suggestions?
Please email us at
[email protected] to report any violations of these Terms and Conditions or to pose any questions regarding these Terms and Conditions or the Website.
Last updated: 8 February 2024