Terms of Use (Perfect NFT Platform)
Perfect NFT platform provides services based on an internet real-time communication/sharing multi-media contents, this platform is provided by Perfect Corp., and its subsidiaries, including, without limitation, Perfect Mobile Corp., Perfect Corp. (Japan), Perfect Corp. (Shanghai). (collectively, "Perfect", "we", "our" or "us"”). This Platform is essentially an interface allowing interested parties/Collectors a collection of digital artworks including video Non- Fungible Token (NFT) running on the Ethereum network for purchase and sell via and NFT marketplace. These Digital Assets listed on this Platform includes a one-time free virtual try-on on the Digital Asset for each new user to this Site.

These "Terms and Conditions of website Use" (this "Terms of Use") govern your use of this platform. The terms of use are entered into by and between you (“You,”, “Collector(s),” and “User”) and PERFECT (“PERFECT,” “we,” “our”, “us” or “Creator”) and together with you, the “Parties”). The following terms and conditions govern your access to browse and conduct virtual try-on the Digital Assets listed on www.perfectcorp.com/nft (known, the “Platform”/“Site”).

* Note. Each new user to this Platform will be entitled to a one-time free virtual try-on Digital Assets listed on the Platform. Should you wish to continue for subsequent virtual try on any Digital Asset which You have tried on, You will be required to pay such virtual try on via ether (ETH) via your Digital Wallet. YOU ACKNOWLEDGED YOU HAVE CAREFULLY READ THE TERMS HEREIN BEFORE USING THE SERVICE IN THIS SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, please leave this Site immediately.
1. Certain Defined Terms and Related Information
“Creator” refers to Perfect Corp, who creates NFT that are made available on this platform for sale on NFT marketplace.

“Digital Assets” refers to unique non-fungible tokens of artwork/collectibles created by Perfect and made available on Perfect NFT Platform including video NFT running on the Ethereum network (the “Blockchain Network”) via smart contracts.—PLUS VTO

“NFTs” means Non-Fungible Token and also known as digital representation of an asset on a blockchain, a distributed public ledger, documenting all transactions complying with the ERC-721/ERC-1155 standard. NFTs are intended to be “non-fungible” tokens representing a unique Digital Asset.

“NFT marketplace” means a specialized marketplaces allow Creators to put up their NFT artworks/Digital Assets for sale

“Own” or “Owned” means, with respect to a Digital Asset NFT that (a) you originally purchased from Perfect on NFT marketplace.
2. The Platform
The Digital Asset is represented on smart contracts on the Blockchain Network that provides an immutable ledger of all transactions that occur on the Site. This means that all Digital Assets are outside of the control of any one party, including PERFECT, and is subject to many risks and uncertainties. We neither own nor control any third-party service including without limitation any third party crypto wallet, NFT marketplace or Blockchain Network, your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use of the Site. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
3. User Account and obligations
(a) Access and view NFT on Perfect NFT platform. You must be age 13 and above to browse our Site

(b) Digital Wallet. You are required to create or posses a supported blockchain based cryptocurrency wallet. This Digital Wallet is for storing Digital Asset purchased on NFT marketplace. The Digital Asset from the Platform which you have purchased on NFT marketplace will be recorded on the Ethereum network once a transaction is completed. You will be responsible for safekeeping the passwords and keys associated with your Digital Wallet. We will not be able to recover purchased Digital Assets for you in the event that you lose access to your Digital Wallet account or under any other circumstances.

(c) Minimum Age Requirement. You affirm that you are of legal age in your state and country to use and access the Site, as the Site is not intended for children below 13 years of age. IF YOU ARE UNDER AGE IN YOUR STATE AND COUNTRY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF AN UNDERAGE CHILD, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

(d) Account, Password, and Security. You are responsible for maintaining the confidentiality of your Digital Wallet’s private keys if any, and are fully responsible for any and all activities associated. You further agree to maintain the security of your password and accept all risks of unauthorized access to your Digital Wallet and PERFECT will not be liable for any loss or damage arising from your failure to comply with the terms herein.
4. User Conduct.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing the Site or participating in any transactions. You agree that you will abide by this Agreement and will not violate any of the following:

(a) Use the Digital Assets in any way that is contrary to your grant of the rights in the Digital Assets;

(b) Use or attempt to use another User’s Digital Wallet;

(c) Manipulate the price of a Digital Asset or using the Site to conceal economic activity; (d) you will not poses or creates a privacy or security risk to any person or any action that constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales; or 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

(e) in the sole judgment of PERFECT is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose PERFECT or its users to any harm or liability of any type;

(f) Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner;

(g) Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area or code of the Site;

(h) Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site that you are not authorized to access;

(i) Bypass or ignore instructions that control all automated access to the Site;

(j) Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement;

(k) Engage in any coercive, deceptive, and/or manipulative behavior, including using coercive, deceptive, and/or manipulative bidding tactics;

(l) Post false, inaccurate, misleading, deceptive, defamatory, libelous or hateful content;

(m) Use the Site to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Blockchain Network, or the Site

(n) Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the content posted on the Site, or to collect information about its Users for any unauthorized purpose; OR

(o) Access or use the Site or the purpose of creating a product or service that is competitive with any of our products or services.

(p) You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by PERFECT.

(q) you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by PERFECT and our affiliates from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

(r) you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works on the Site or the Site Content, in whole or in part.

5. Absence of Sanctions.
You are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and are not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), and the European Union (EU) or its member states. You are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and are not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region or any other country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo. The funds you use to participate in the Platform or acquire Digital Assets are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.
6. Price and Payment
(a) Price. All pricing and payment terms are as set forth on the platform, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, Perfect will not provide a refund on any purchase. You acknowledge that buying, selling or transferring Digital Assets may be subject to service fees, commissions, royalties and other charges (“Fees”) established/determined from time to time in the sole discretion of PERFECT. Fees may include: (i) service fees and gas fee established and determined by and payable to NFT marketplace to facilitate your buying and selling of the Digital Asset originated from the Platform; and (ii) commissions/royalty for Creator on every sale transacted on the Digital Assets originated from the Platform and sold in any applicable NFT marketplace. You acknowledged that the service fees and gas fee changes periodically and unpredictably and you further acknowledge that such fee is entirely beyond the control of PERFECT. You acknowledge that under no circumstances will a contract, agreement, offer, sale, or other transaction on the Site be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the gas fee for the given transaction was unknown, or otherwise unacceptable to you. You also acknowledge and agree that gas fee is non-refundable under all circumstances.

(b) Forms of Payment. On the date of publication of this terms of use, NFT marketplaces accept payments in ether (ETH) on Ethereum via your Digital Wallets. Upon the completion of a transaction, this payment transaction will be recorded on the Ethereum network.

(c) Finality; No Refunds. All transactions on the Site are final. All Fees are non-refundable except at the sole discretion of PERFECT (for fees within our control).
7. Ownership
(a) License to Digital Asset. You acknowledge and agree that Perfect as the Creator or the Digital Assets on the Platform (or, as applicable, its licensors) owns all legal right, title and interest in and all intellectual property rights therein. The rights that you have in and to the Digital Assets are limited to those expressly described herein. Perfect (on behalf of itself and, as applicable, its licensors) reserves all other rights in and to the Digital Asset, including all copyrights in and to the Digital Asset (e.g., the right to reproduce and make copies, to prepare derivate works, to distribute, sell, or transfer, to display, to perform, and to publicly display and publicly perform).

(b) License to Access and Use the Site. Subject to the terms herein, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable to access and browse Digital Assets made available on the Platform.

(c) Cookies. When you use the service on this Platform, We will typically place cookies onto your device, or read cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with applicable laws.

(d) Your Rights

(i) Subject to your compliance with the terms of this Agreement, Perfect hereby grants you a worldwide, non-exclusive, personal, limited license, solely with respect to any Digital Asset that you Own, to display the Digital Asset associated with such Perfect NFT(s), privately or publicly, solely for personal, non-commercial purposes, including on social media platforms, digital galleries, or otherwise on the Internet or in association with your offer to sell or trade your Digital NFT. This license does not grant you any rights in or to the Digital Asset separate from the associated NFT, including any of the intellectual property rights described herein. Ownership of the Digital Asset is facilitated entirely by the smart contract and the Ethereum Network, which Perfect has no control over.

(ii) Upon purchasing a Digital Asset, You may display and share the Digital Asset but You do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Asset, excepting the limited license to the Digital Asset granted by these Terms. Once the transaction is completed, You will receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Asset legally owned together with unlimited virtual try-on with respect to the Digital Assets which you owned. You understand that the Digital Asset which you owned will be stored on the NFT marketplace and your Digital Wallet and not on Perfect’s Platform.

(iii) You have the right to sell, trade, transfer, or use the Digital Asset, but you may not make “commercial use” of the underlying Digital Asset including, for example, by selling copies of the Digital Asset, selling access to the Digital Asset, selling derivative works embodying the Digital Asset or otherwise commercially exploiting the Digital Asset.

(v) You agree that you will not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (1) modify, distort, mutilate, or perform any other modification to the Digital Asset which would be prejudicial to the Creator’s honor or reputation; (2) use the Digital Assets to advertise, market, or sell any third party product or service; (3) use the Digital Assets in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (4) incorporate the Digital Assets in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your own personal, non-commercial use; (5) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Assets; (6) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Assets; (7) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Assets, whether on or off of the Site; (8) falsify, misrepresent, or conceal the authorship of the Digital Assets; or (9) otherwise utilize the Digital Assets for third party’s commercial benefit.

(vi) The license granted herein applies only to the extent that you continue to Own the applicable Digital Asset. If at any time you sell, trade, donate, give away, or transfer your Digital Asset to a new owner on an NFT marketplace , the license granted herein shall be transferred to that new owner, and you will have no further rights in or to the Digital Asset. If at any time you burn or otherwise dispose of your Digital Asset for any reason, or sell, trade, donate, give away, or transfer your Digital Asset, the license granted herein will immediately expire with respect to that Digital Asset without the requirement of notice or any further action, and you will have no further rights in or to the Digital Asset.

(vii) YOU IRREVOCABLY RELEASES, ACQUITS, AND FOREVER DISCHARGES PERFECT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND SUCCESSORS OF ANY LIABILITY FOR DIRECT OR INDIRECT COPYRIGHT OR TRADEMARK INFRINGEMENT FOR PERFECT USE OF A DIGITAL ASSETS IN ACCORDANCE WITH THE TERMS HEREIN.
8. Privacy Policy
We respect the privacy of our users. For details please see ourPrivacy Policy. By accessing the Site, you consent to our collection and use of personal data as outlined therein.
9. Assumption of Risk
(a) Risk of Blockchain Technology. The Site utilizes experimental cryptographic technologies and blockchain technologies. You acknowledge and agree that such technologies are speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS. The technology utilized on the Site depends on public peer-to-peer networks such as Ethereum that are not under the control or influence of PERFECT and are subject to many risks and uncertainties. PERFECT is not responsible and will not be able to restore or issue any refund in respect of any Digital Asset due to lost private keys. If you are not able to spend or use a Digital Asset due to loss or theft of the corresponding private key or otherwise, you will be unable to exercise their rights with respect to such Digital Asset.

(b) Digital Assets depend on smart contracts deployed to blockchain, some of which may be coded or deployed by persons other than PERFECT. Once deployed to blockchain, the code of smart contracts cannot be modified. In the event that the other smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of the Blockchain Network, you may be exposed to a risk of total loss and forfeiture of all Digital Assets. PERFECT assumes no liability or responsibility for any of the foregoing matters, except as otherwise expressly provided by these Terms or required by applicable law.

(c) Asset Prices. NFT and Digital Assets have historically been subject to dramatic fluctuations and are highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. The market value of any ETH, NFTs, and Digital Assets may decline below the price for which you acquire such asset through the Site or on any other platform. You acknowledge and agree that the costs and speeds of transacting with cryptographic and blockchain-based systems such as ETH are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any ETH, NFTs, and other Digital Assets associated with the Site.

(d) Financial Risks. Use of the Site, including buying or selling trading digital assets, may carry financial risk. Digital assets are, by their nature, highly experimental, risky, and extremely volatile and transactions carried through the Site are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Site at your own risk. The risk of loss in trading Digital Assets can be substantial. You should, therefore, carefully consider whether such buying or selling Digital Assets is suitable for you in light of your circumstances and financial resources. BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE BEEN, ARE WILL BE SOLELY RESPONSBILE FOR MAKING YOUR OWN INIDEPENDENT APPRAISAL AND INVESTIGATION INTO THE RISK OF A GIVEN TRANSACTION AND THE UNDERLYING DIGITAL ASSET. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Site or any underlying Digital Asset. You accept all consequences of using the Site, including the risk that you may lose access to your Digital Assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Site for performing Digital Asset transactions. Under no circumstances will the operation of all or any portion of the Site be deemed to create a relationship that includes the section or tendering of investment advice.

YOU ACKNOWLEDGE THAT LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.
10. Modification of Terms
PERFECT reserves the right, at our sole discretion, to change or modify portions of these Terms at any time. If we make changes to these Terms, we will provide notice of such changes through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access the Site, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access the Site. If you do not agree to the revised Terms, you may not access Site.
11. Governing Law; Dispute Resolution
These Terms are governed by and will be construed according to the laws of Republic of China (including but not limited the validity, interpretation, construction, performance and enforcement of these Terms, or any disputes or controversies arising from or related to these Terms). Any dispute, controversy, difference or claim arising out of, relating to or in connection with these Terms, or the breach, termination or invalidity thereof, shall be subject to the exclusive jurisdiction of the Taipei District Court. You agree that any dispute arising out of or related to these terms of services is personal to you and that any dispute will be resolved solely through individual action, and you expressly waive any class action or any other type of representative proceeding.
12. Indemnifications, Disclaimers, and Limit of Liability.
(a) Indemnifications. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless PERFECT, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “PERFECT PARTIES”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (i) your use or misuse of the Site, content or Digital Assets, (ii) any Feedback you provide, (iii) your violation of this Agreement, and (iv) your violation of the rights of a third party. You agree to promptly notify PERFECT of any third party Claims and cooperate with the PERFECT Parties in defending such Claims. You further agree that the PERFECT Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND PERFECT.

(b) Disclaimers of Warranties. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PERFECT, THE SITE AND CONTENT CONTAINED THEREIN, AND DIGITAL ASSETS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. PERFECT (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (iii) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. PERFECT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN. PERFECT DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE PERFECT ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, PERFECT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY DIGITAL ASSETS LISTED ON OUR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. 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 DIGITAL ASSETS OF 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 OR LOST OF YOUR DIGITAL WALLET; (ii) SERVER FAILURE OR DATA LOSS; (iii) UNAUTHORIZED ACCESS TO APPLICATIONS; (iv) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR DIGITAL ASSETS. DIGITAL ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT PERFECT CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY DIGITAL ASSETS . PERFECT is 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 Digital Assets. PERFECT 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 Digital Assets including forks, technical node issues or any other issues having fund losses as a result. Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means

(c) Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PERFECT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, CONTENT, OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF PERFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, CONTENT OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PERFECT ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, DIGITAL ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE AMOUNT RECEIVED BY PERFECT FROM THE TRANSACTION OF THE DIGITAL ASSET THAT IS THE SUBJECT OF THE CLAIM.
13. Miscellaneous
(a) Headings. The headings and captions contained in these Terms are for convenience of reference only, shall not be deemed to be a part of these Terms and shall not be referred to in connection with the construction or interpretation of these Terms.

(b) Notices. Notices to you may be made via email such as account registration confirmation and bid winning notification. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Site.

(c) Modifications to the Site. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefor.

(d) Language. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English. In case of any discrepancy, the English version shall prevail.

(e) Confidentiality of Certain Communications. You may voluntarily contact PERFECT to report serious misuses of the Site including, for example, suspicious market activity, hate speech, or other serious violations of these Terms. You agree to keep confidential all private correspondence with any members of the PERFECT team pertaining to another member’s alleged violation of these Terms or other inquiries about PERFECT’s policies.

(f) No Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of PERFECT prior, concurrent or subsequent circumstance, and PERFECT’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

(g) Change of Control. In the event that the PERFECT is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

(h) No Advice or Brokerage. PERFECT does not provide any investment, financial, tax, or legal advice, or advice on trading techniques, models or any other schemes. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance.

(i) Severability. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause.

(j) Survival. All Terms incorporated herein by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, indemnification, general use of the Site, and general provisions, shall survive the termination or expiration of these Terms.

(k) Your Comments and Concerns. This Site is operated by PERFECT. All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: pf_nft@perfectcorp.com .