1. General Disclaimer
By using our Site (https://kumitenft.com) you are agreeing to be bound by following terms and conditions (Terms). HeroMaker Studios and other affiliated websites provide (the "Sites") as a service to the public. HeroMaker Studios and its affiliated sites are not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within this website. While the information contained within this website is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.
2. Limitation of Liability
2.1 To the maximum extent permitted by applicable law, in no event shall the Sites or their agents be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise arising out of or in any way connected with the use, operation, or performance of the service, with the delay or inability to use the service, any defects in the service, or with the provision of, or failure to make available, any information, services, products, materials, or other resources available on or accessible through the service, even if advised of the possibility of such damages.
2.2 The operation of the service – whether by the Sites, or their vendors – may not be secure. Security and privacy risks cannot be eliminated. Password protection and any other security measures may not prevent unauthorized access to materials.
2.3 With respect to products, or services purchased through the Sites and vendors’ sites, in no event shall the Sites be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.
2.4 Furthermore, the Sites explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
2.5 Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or willful acts of the Sites, its representatives or (vi) any other matter relating to the site.
2.7 You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the service would not be provided to you absent such limitations.
3. Intellectual Property
3.1 All rights in and to the Content and the Sites belong to HeroMaker Studios, affiliated sites, or our third party content providers and are protected by the Intellectual Property laws of the UK, US and other countries. We may license third parties to use the Content at our sole discretion.
3.2 Any trademarks/logos appearing on the Sites may belong to HeroMaker Studios, affiliated sites, or third parties. All product and company names are trademarks or registered trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. None of these marks may be used without the express prior written permission of the respective owners.
3.3 Save for where provided otherwise in these Terms, distributing, sharing, copying, posting, scanning, forwarding, selling, publishing, retransmitting or otherwise providing access to any part of the Content to anyone without our express prior written permission, is not authorized and may be a violation of national copyright laws, including without limitation 17 USC 101 et seq, and the UK Copyright, Designs and Patents Act 1988.
3.4 For the avoidance of doubt, where the provisions of any applicable law prohibit the extent to which certain activities can be restricted under this Clause 3, any such restrictions shall apply to the fullest extent permitted in accordance with such law.
3.5 You may use the Sites and the Content solely for your own personal use and benefit and not for resale or other transfer or disposition to any other person or entity. You may not use, reproduce, modify, transfer, exploit, distribute or dispose of any Content for any commercial purposes, whether direct or indirect, in any manner that might compete with our business (including, without limitation, by making Content available to anyone).
3.6 Subject to the limitations in Clause 3.5 above, you may retrieve and display Content on a computer screen or other digital device, print a single copy of individual pages on paper (but not photocopy them) and store such pages in electronic form on disc or other digital media (but not on any server or other storage device connected to a network).
3.7 Notwithstanding Clause 3.5, you may quote from extracts of the Content to the extent permitted and strictly in accordance with any applicable Specific Terms, or as otherwise permitted by law, on the condition that appropriate source and copyright attribution is given in each case.
3.8 Any request for permission to republish, reprint or use any articles from any of the Sites or our trademarks for any purpose other than those permitted under this Clause 3 (or any relevant Specific Terms) should be sent to firstname.lastname@example.org.
4. Your Obligations
4.1 The Sites are not intended for users of under thirteen (13) years of age, and such individuals are not permitted to be Users. If individuals under thirteen (13) years of age wish to view Content on the Sites as a Visitor, their parent or guardian must agree to these Terms on their behalf.
4.2 You represent and warrant that: (a) you have the capacity to agree to these Terms; and (b) you are at least thirteen (13) years of age.
4.3 You are responsible for procuring the necessary equipment and the payment of telephone, internet and other charges necessary to access and/or use any Site or Service. We are not responsible for the reliability or continued availability of the telephone lines, internet and equipment you use to access and/or use a Site or a Service.
4.4 Any Content sent for overseas delivery (including, without limitation, any Content for delivery outside the European Union) may be subject to import duties and taxes collected at the final destination. All sales or use taxes, import duties or additional customs charges must be borne entirely by you. We have no control over these charges and we expressly disclaim any responsibility or liability for them. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
4.5 Additionally, when ordering from our Sites, you are considered the importer of record and must comply with all law and regulations of the country in which you are receiving the goods. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. We may provide certain order, delivery and product information (such as the product's title) to our international carriers and such information may be communicated by the carriers to customs authorities in order to facilitate customs clearance and comply with local laws.
5. Content by Email
5.1 We may give you the option to request Content by email. We or our Third Party Service providers may also send you emails to keep you updated on developments in the Sites and Services. Your registration for and/or subscription to such an email Service and your use of the Content received through these email Services will be subject to these Terms.
5.2 For the avoidance of doubt, although you may opt out of receiving promotional messages under Clause 5.1, we retain the right to send you informational email messages about your account or administrative notices regarding the Sites, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.) and other applicable laws.
6. Advertisements, Links and Third Party Transactions
6.1 A Site or a Service may contain: (a) links to External Sites. External Sites may advertise or provide the opportunity for you to purchase Third Party Services; and/or (b) advertisements for, and/or the opportunity for you to purchase Third Party Services or products or services from us.
6.2 The content of External Sites and Third Party Services is not maintained or controlled by us and we are therefore not responsible for the availability, content or accuracy of External Sites or Third Party Services. We do not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, a Site or Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of External Sites or Third Party Services; or (c) make any endorsement, express or implied, of any External Sites or Third Party Services. Any advertisement or promotion on a Site of a Third Party Service is not an inducement by us for you to enter into any agreement with the relevant third party.
6.3 Any communications or contracts relating to Third Party Services, payment for and delivery of Third Party Services, and any other associated terms, conditions, warranties or representations are exclusively between you and the relevant third parties. You agree not to hold us liable for any loss or damage incurred as the result of any such contracts, communications or other dealings or the presence of such third parties on any Site.
7. No Guarantees or Investments
7.1 With respect to products, or services purchased through the Sites and vendors’ sites, you agree that the product or service is all you are guaranteed to receive in exchange for your purchase. Any future benefits are ancillary to this purchase and should not be taken into consideration when making your initial purchase. By using this Site, you agree that you are not relying on any commitments by HeroMaker Studios, affiliated sites, or any other affiliated party when purchasing any products.
7.2 NFTs are intended as collectible items, not as investments. You agree that HeroMaker Studios and any affiliated sites make absolutely no promise or guarantee that the NFT you purchase is worth more than what you and the market deem it to be worth.
Your privacy is important to us. This notice explains our online information practices and the choices you can make about the way your information is used at our Website (https://kumitenft.com/).
Collection of Personal Information
HeroMaker Studios may collect certain personally identifiable information (“Personal Information”) about you when you visit our Website. Examples of personal information we may collect include your name, address, telephone number, fax number, e-mail address. We also automatically collect certain non-personally identifiable information when you visit our Website, including, but not limited to, the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.
Use of Personal Information
HeroMaker Studios will only use your personal information where we have a lawful basis to do so. We will process your data for the following lawful purposes: with your consent; where it is necessary for us to perform a contract we have with you, such as sending out purchased items / merchandise, or because you have asked us to take specific steps before entering into a contract (for example, responding to your inquiry ); because the processing is necessary for us to comply with the law; or where the processing is necessary for our legitimate interests or the legitimate interests of a third party.
We typically will not contact you about other matters, unless you specifically request it, nor will we share, rent, or sell your personal information outside HeroMaker Studios, except where we are required to share your information with any third parties who provide services on our behalf.
It is possible, though unlikely, that we might be forced to disclose personal information in response to a legal demand or when we believe in good faith that the law requires it, for example, in response to a law enforcement agency's request.
We use non-personally identifiable information to analyze site usage (such as aggregated information on the pages visited by our users), which allows us to improve the design and content of our site.
We cannot guarantee the privacy of personal information you transmit over the web or that may be collectible in transit by others, including contractors who provide services to HeroMaker Studios.
We are committed to complying with all applicable privacy laws and regulations. To the extent we receive personal information from a resident of the European Union, we will comply with the requirements of the General Data Protection Regulation (GDPR). To the extent we receive personal information from a resident of California, we will comply with the requirements of the California Consumer Privacy Act (CCPA) (California Civil Code Section 1798.100 et seq).
Third Party Sites
Our Website may contain links to other websites. The data privacy practices of those third-party websites might differ from HeroMaker Studios’. You should consult the other websites' privacy notices for information on their privacy practices as HeroMaker Studios has no control over information that is submitted to, or collected by, these third parties.
HeroMaker Studios may post information on our Website about programs and events that are sponsored by or co-sponsored by other organizations. HeroMaker Studios will have no control over the third-party sponsors' use of this information.
When you visit our Website, we and third parties with whom we have contracted to provide services to HeroMaker Studios may collect "Site Usage Data," which is non-personally identifiable information relating to your use of our Website such as what Website pages you visit. The Website Usage Data could include your MAC address, operating system version, type of computer and browser type. This data could also include demographic data, such as a Website visitor's geographic location. To enhance your experience on our Website, we and our service providers may use "cookies" on our Website.
A "cookie" is a piece of information that a web server may place on your computer when you visit a website. Cookies are commonly used by websites to improve the user experience and have not been known to transmit computer viruses or otherwise harm your computer. Many cookies last only through a single website session or visit. Others may have an expiration date or may remain on your computer until you delete them.
You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies, you may not be able to use certain online products and services offered on the Website or certain features of our Website.
When you visit and interact with our Website, HeroMaker Studios and third parties with whom we have contracted to provide services for us may collect Internet Protocol (IP) addresses (each an "IP Address"). An IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). Your IP Address is identified and logged automatically whenever you visit the Website, along with the time(s) of your visit(s), your geographic location and the page(s) that you visited. HeroMaker Studios uses this information to determine the locations of our Website visitors to better understand where our visitors reside. HeroMaker Studios also may use this information to enhance our Website or for other lawful purposes.
Certain pages on our Website contain "web beacons" (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP Address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.
Legal Rights of European Residents
Some data protection laws, including GDPR, provide you with certain rights in connection with personal information you have shared with us. If you are resident in the European Economic Area, you may have the following rights:
- The right of access: You have the right to request a copy of your personal information which we hold about you.
- The right of correction: You have the right to request correction or changes of your personal information if it is found to be inaccurate or out of date.
- The right to be forgotten: You have the right to request us, at any time, to delete your personal information from our servers and to erase your personal information when it is no longer necessary for us to retain such data. Note, however, that deletion of your personal information will likely impact your ability to use our services.
- The right to object (opt-out): You have the right to opt-out of certain uses of your personal information, such as direct marketing, at any time.
- The right to data portability: You have the right to a “portable” copy of your personal information that you have submitted to us. Generally, this means your right to request that we move, copy or transmit your personal information stored on our servers / IT environment to another service provider’s servers / IT environment.
- The right to refuse to be subjected to automated decision making, including profiling: You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
We reserve the right to revise this policy or any part of it from time to time. Please review the policy periodically for changes.