GMT
Terms of Use
Terms of Use
GoMining PTE (“GoMining,” “we,” “us,” or “our”) provides its services (described below) and related content to you (“you” or “User”) through its website located at gmt.io (the “Website”), platform, and Smart Contracts (defined below), subject to these Terms of Use (as may be amended from time to time, the “Terms”). The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Website are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you. These terms govern your access to and use of this Website, as well as all content, functionality, and services offered on or through the Website (collectively, the “Services”), and BMINE NFTs (defined below). By signing up for an account on the Website, connecting your cryptocurrency wallet to the Services, or otherwise using or accessing the Services or any BMINE NFTs, you acknowledge that you have read and agree to these Terms.
By agreeing to these Terms, you hereby certify that you have reached the age of majority, and have the full legal capacity, under the laws of your jurisdiction of domicile. If you do not agree to these Terms, you must not access or use the Website.
Please read these terms carefully, as they contain important information regarding your legal rights, remedies, and obligations.
We reserve the right, at our sole discretion, to change, revise or otherwise modify these Terms or any part hereof at any time. If we do this, we will post the changes on the Website and will indicate the date these Terms were last revised. We will also notify you, either through the Website user interface, in an email notification or through other reasonable means. Any such changes will become effective when posted, unless a different date is indicated by us. Your continued use of the Website after the date any such changes become effective constitutes your unambiguous and irrevocable acceptance of the new Terms of Use.
By agreeing to these Terms, you hereby certify that you have reached the age of majority, and have the full legal capacity, under the laws of your jurisdiction of domicile. If you do not agree to these Terms, you must not access or use the Website.
Please read these terms carefully, as they contain important information regarding your legal rights, remedies, and obligations.
We reserve the right, at our sole discretion, to change, revise or otherwise modify these Terms or any part hereof at any time. If we do this, we will post the changes on the Website and will indicate the date these Terms were last revised. We will also notify you, either through the Website user interface, in an email notification or through other reasonable means. Any such changes will become effective when posted, unless a different date is indicated by us. Your continued use of the Website after the date any such changes become effective constitutes your unambiguous and irrevocable acceptance of the new Terms of Use.
Smart contract enabled
BMINE NFT is a non-fungible Ethereum-based token (“NFT”) that uses smart contracts on the Ethereum blockchain (“Smart Contracts”). The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all BMINE NFTs are outside of the control of any one party, including GoMining, and are subject to many risks and uncertainties. GoMining neither owns nor controls the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase or sell BMINE NFTs (“Transaction”), and that, except with respect to transferring control of a BMINE NFT to the initial purchaser through the Services (“Initial Purchaser”), GoMining has no responsibility with respect to any Transaction. GoMining will not be liable for the acts or omissions of any third parties, nor will GoMining be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the BMINE NFT to the Initial Purchaser, GoMining has no control over the transfer, storage, ownership or maintenance of the BMINE NFT.
Changes to the services
GoMining reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that GoMining will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to any BMINE NFT.
Connecting your wallet
In order to access and use the Services, including to engage in a Transaction, you must have and connect your digital wallet as allowed on the Services (“Wallet”). When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any
wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of BMINE NFTs and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or debit/credit card(s). GoMining is not responsible for managing and maintaining the security of your Wallet. GoMining has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.
wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of BMINE NFTs and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or debit/credit card(s). GoMining is not responsible for managing and maintaining the security of your Wallet. GoMining has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.
Sale of BMINE NFT
When each BMINE NFT is sold for the first time, the agreement for sale is between GoMining and the Initial Purchaser. If the Initial Purchaser decides to sell a BMINE NFT (“Secondary Sale”), then GoMining is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale. By placing an order on the Website or through the Services, you agree that you are submitting a binding offer to purchase a BMINE NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize GoMining to automatically charge and collect such fees from your payment instrument or Wallet. If you are an Initial Purchaser, then all amounts due are to be paid to GoMining. If you are not the Initial Purchaser of a BMINE NFT, then amounts may be paid to the seller of such BMINE NFT. No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
Taxes
You are responsible for 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 Services or BMINE NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale or other disposal of a BMINE NFT).
Gomining intellectual property rights
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by GoMining, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, decompile, disassemble, reverse engineer, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.
GoMining's name and logos, including the terms GoMining and BMINE are trademarks and service marks of GoMining (collectively the “GoMining Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GoMining. All of these rights are expressly reserved in the name of GoMining and/or its affiliates. Nothing in these Terms or the Services should be construed as granting or waiving, by implication, estoppel, or otherwise, any license or right to use any of GoMining Trademarks or, other than the copyrights to the Art (as set forth below), any other intellectual property of GoMining, without GoMining 's prior written permission in each instance. All rights in such intellectual property are reserved by GoMining and/or its affiliates, and all goodwill generated from the use of GoMining Trademarks will inure to our exclusive benefit.
You are not permitted to use GoMining Trademarks without express, written permission. You agree that you will not use or seek to register any GoMining names, brands, GoMining Trademarks or confusingly similar variations, or other trademark for any purpose without obtaining our prior written consent. Such approval shall be in GoMining’s entire and sole discretion. Nonresponse to a request for such approval shall not be deemed an approval.
GoMining's name and logos, including the terms GoMining and BMINE are trademarks and service marks of GoMining (collectively the “GoMining Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GoMining. All of these rights are expressly reserved in the name of GoMining and/or its affiliates. Nothing in these Terms or the Services should be construed as granting or waiving, by implication, estoppel, or otherwise, any license or right to use any of GoMining Trademarks or, other than the copyrights to the Art (as set forth below), any other intellectual property of GoMining, without GoMining 's prior written permission in each instance. All rights in such intellectual property are reserved by GoMining and/or its affiliates, and all goodwill generated from the use of GoMining Trademarks will inure to our exclusive benefit.
You are not permitted to use GoMining Trademarks without express, written permission. You agree that you will not use or seek to register any GoMining names, brands, GoMining Trademarks or confusingly similar variations, or other trademark for any purpose without obtaining our prior written consent. Such approval shall be in GoMining’s entire and sole discretion. Nonresponse to a request for such approval shall not be deemed an approval.
No professional advice; transaction risks
The information on the Website and any information provided in connection with the Services are provided to BMINE NFT owners only and for information only and do not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any purchase, sale, trade, or other transaction with respect to any digital asset.
The information on this Website and any information provided in connection with the Services provided to BMINE NFT owners are provided solely on the basis that you will make your own transaction decisions, and GoMining does not take account of any person's financial or other objectives, particular needs, or financial situation. In addition, nothing on this Website or any information provided in connection with the Services provided to BMINE NFT owners shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
The digital assets about which information is provided on the Website and any information provided in connection with the Services provided to BMINE NFT owners are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under relevant applicable laws. As a result, it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Website, or any information provided in connection with the Services provided to BMINE NFT owners or to which you may independently have access.
There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks.
These terms do not represent a complete statement of risk factors associated with the digital assets or products or services that may be viewed or tracked on this website or that may be featured or discussed in connection with the services for bmine nft collectors. You should consider these risk warnings carefully and take appropriate advice before taking any decision to purchase, sell, trade or otherwise transact in a digital asset.
The information on this Website and any information provided in connection with the Services provided to BMINE NFT owners are provided solely on the basis that you will make your own transaction decisions, and GoMining does not take account of any person's financial or other objectives, particular needs, or financial situation. In addition, nothing on this Website or any information provided in connection with the Services provided to BMINE NFT owners shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
The digital assets about which information is provided on the Website and any information provided in connection with the Services provided to BMINE NFT owners are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under relevant applicable laws. As a result, it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Website, or any information provided in connection with the Services provided to BMINE NFT owners or to which you may independently have access.
There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks.
These terms do not represent a complete statement of risk factors associated with the digital assets or products or services that may be viewed or tracked on this website or that may be featured or discussed in connection with the services for bmine nft collectors. You should consider these risk warnings carefully and take appropriate advice before taking any decision to purchase, sell, trade or otherwise transact in a digital asset.
Restrictions
You agree that you will not, and will not permit any third party to, do or attempt to do any of the following without GoMining's express prior written consent in each case:
- interfere with or disrupt the Services or servers or networks connected to the Services in any manner that could negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- violate any applicable laws or any regulations having the force of law, or which would involve proceeds of any unlawful activity;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
- use the Services to advertise or offer to sell or buy any goods or services for any purpose that is not specifically authorized herein;
- use the Services or any BMINE NFT to further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; or
- use the Services or any BMINE NFT to carry out financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
Privacy
Our Privacy Policy is a part of these Terms. Please review the Privacy Policy, which also governs the Services and informs Users of our data collection practices.
Risks
Please note the following risks in accessing, purchasing, selling or using BMINE NFTs: the price and liquidity of blockchain assets, including BMINE NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect BMINE NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions may adversely affect the use, transfer, exchange, and value of BMINE NFTs. BMINE NFTs are not legal tender and are not backed by any government. Transactions of BMINE NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Transactions of BMINE NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the Transaction. The value of BMINE NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for BMINE NFTs, which may result in the potential for permanent and total loss of value of a particular BMINE NFT. You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding BMINE NFTs, including the suitability and appropriateness of, and investment strategies for, BMINE NFTs. You agree and understand that you access and use the Services, BMINE NFTs and Art at your own risk; however, this brief statement does not disclose all of the risks associated with BMINE NFTs and other digital assets. You agree and understand that GoMining will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using BMINE NFTs, however caused.
Disclaimer of warranties
Your use of the services, bmine nfts and art is at your sole risk. Except as expressly provided to the contrary in a writing by gomining, the services, services content, and any and all BMINE NFTs and art are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
Gomining and its affiliates and its and their respective officers, employees, representatives, directors and agents (collectively, “representatives”) make no warranty that (i) the services, bmine nfts or art will meet your requirements, (ii) the services, bmine nfts or art will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services, BMINE NFTs or art will be accurate or reliable, or (iv) The quality of any services, BMINE NFTs or art, or any products, services, information, or other material purchased or obtained by you through the services or BMINE NFTs will meet your expectations.
Gomining and its affiliates and its and their representatives 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 services, bmine nfts or art. Gomining does not represent or warrant that services content is accurate, complete, reliable, current or error-free. BMINE NFTs are intangible digital assets. They exist only by virtue of the ownership record maintained in the ethereum network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the ethereum platform. We do not guarantee that gomining can effect the transfer of title or right in any BMINE NFT.
Gomining and its affiliates and its and their respective officers, employees, representatives, directors and agents (collectively, “representatives”) make no warranty that (i) the services, bmine nfts or art will meet your requirements, (ii) the services, bmine nfts or art will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services, BMINE NFTs or art will be accurate or reliable, or (iv) The quality of any services, BMINE NFTs or art, or any products, services, information, or other material purchased or obtained by you through the services or BMINE NFTs will meet your expectations.
Gomining and its affiliates and its and their representatives 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 services, bmine nfts or art. Gomining does not represent or warrant that services content is accurate, complete, reliable, current or error-free. BMINE NFTs are intangible digital assets. They exist only by virtue of the ownership record maintained in the ethereum network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the ethereum platform. We do not guarantee that gomining can effect the transfer of title or right in any BMINE NFT.
Limitation of liability
To the fullest extent permitted by law, in no event will GoMining or its affiliates or its or their representatives be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the website, the services, services content, BMINE NFTs, art 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, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if they have been advised of the possibility of such damages. Access to, and use of, the website, the services, services content, BMINE NFT, art 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 GoMining or its affiliates or its or their representatives arising out of or in any way related to these terms, the access to and use of the website, the services, services content, BMINE NFT or art exceed $100. Some jurisdictions do not allow the disclaimer or 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 or be enforceable with respect to you. If you are dissatisfied with any portion of the services, BMINE NFTs or art or with these terms, your sole and exclusive remedy is to discontinue use of the services.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of GoMining or its affiliates or its or their representatives arising out of or in any way related to these terms, the access to and use of the website, the services, services content, BMINE NFT or art exceed $100. Some jurisdictions do not allow the disclaimer or 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 or be enforceable with respect to you. If you are dissatisfied with any portion of the services, BMINE NFTs or art or with these terms, your sole and exclusive remedy is to discontinue use of the services.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless GoMining and its affiliates and its and their Representatives (collectively, the “Indemnitees”), 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 (a) your use or misuse of the Website, the Services, Services Content, BMINE NFTs or Art, (b) your violation of these Terms, or (c) your violation of the rights of a third party, including another User. You agree to promptly notify GoMining of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control 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 us.
Termination rights
You agree that GoMining, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, including the ability remove you from the BMINE NFT allow list, for any reason, including, without limitation, for lack of use or if GoMining believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. GoMining may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that GoMining may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that GoMining will not be liable to you or any third party for any termination of your access to the Services.
Disputes with other
users or collectors
users or collectors
You agree that you are solely responsible for your interactions with any other Users and Collectors in connection with the Services, BMINE NFTs or Art, and GoMining will have no liability or responsibility with respect thereto. GoMining reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User or Collector.
Severability
If any provision of these Terms 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 remain in full force and effect.
Assignability
You may not assign the Terms without the prior written consent of GoMining, but GoMining may assign or transfer these Terms, in whole or in part, without restriction.
Governing law
These Terms will be governed by, and shall be construed in accordance with, the laws of Singapore.
Miscellaneous
These Terms constitute the entire agreement between you and GoMining and govern your use of the Services, BMINE NFTs or Art, superseding any prior agreements between you and GoMining with respect thereto. 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. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of GoMining to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 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 Services, any BMINE NFT, Art or these Terms 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. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. GoMining may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.