Welcome to https://www.tokenmi.com
TokenMi is a decentralized, blockchain-based publishing platform (the website and platform, together with all related services, applications, features, tools, functionality and technology, collectively referred to as the "TokenMi Platform") made available to you ("You" or "User"), subject to the following Terms of Service.
We may change, revise or amend the Terms from time to time and at any time in our sole discretion. When we make changes, we will make the updated Terms available on TokenMi and update the "Last Updated" date at the beginning of the Terms accordingly. Please check the Terms periodically for changes. Any changes to the Terms will apply from the date they are made, and your continued access to or use of TokenMi after the Terms are updated will constitute your binding acceptance of such updates. If you do not agree to the modified Terms, you should not continue to access or use the TokenMi platform.
Please read these Terms carefully, as they contain the Arbitration Agreement and other important information about your legal rights, remedies, and obligations. The arbitration agreement requires (with limited exceptions) that you submit your claims against us to final and binding arbitration, and that (1) you are permitted to pursue your claims against TokenMi only on an individual basis and not as a plaintiff or class member in any class or representative action or suit, (2) you are permitted to seek relief (including monetary, injunctive, and declaratory relief) only on an individual basis, and (3) you may not be able to get a jury or court to resolve any claim you have against us.
We reserve the right to change or modify portions of these Terms at any time in our sole discretion. If we do so, we will post such changes or modifications on this page and indicate at the top of this page the date these Terms were last revised. We will also notify you of such changes or modifications through the Platform's User TokenMi or other reasonable means. Any such changes will be effective no sooner than fourteen (14) days after posting, except that changes involving new features of the Platform and compliance with applicable law will be effective immediately. Your continued use of the Platform after the effective date of any such changes constitutes your acceptance of the new Terms of Service.If you fail to meet the eligibility requirements set forth in Section 1 of this Agreement, or if you violate or breach any of the terms and conditions set forth, you are prohibited from accessing, using or otherwise receiving TokenMi or our other products and services. Among other things, the eligibility requirements require that you must not reside in or be a citizen of a Restricted Area (as defined below), that you are not a Sanctioned List Person (as defined below), and that you do not intend to transact in a Restricted Area or with any Restricted Area or Sanctioned List Person If you fail to meet the eligibility requirements set forth in Section 1 or fail to strictly comply with these Terms, then you may not attempt to access or use TokenMi or any of our other products or services.
In order to use TokenMi, you must meet the following eligibility requirements. You hereby represent and warrant to us and to each of our officers, directors, supervisors, shareholders, members, investors, employees, agents, service providers and affiliates that you meet all eligibility requirements for any use or benefit you make of TokenMi.
You are of legal age in the jurisdiction in which you reside and you have the legal capacity to enter into and be bound by these Terms.
If you accept the Terms on behalf of a legal entity, you must have the legal authority to accept the Terms on behalf of that entity, in which case "you" as used here (except as used in this paragraph) will refer to that entity.
(i) You are not a resident, citizen, national or agent of Belarus, China, Burundi, Crimea and Sevastopol, Cuba, the Democratic Republic of the Congo, Iran, Iraq, Libya, North Korea, or an entity organized, registered or doing business in Belarus, Burundi, Crimea and Sevastopol, Somalia, Sudan, Syria, Venezuela, Zimbabwe or the United States, the United Kingdom, the Cayman Islands, the European Union or any of its member states or the United Nations or any of its member states (collectively, the "Primary Jurisdictions") that embargo goods or impose similar sanctions (such embargoed or sanctioned territories, collectively, the "Restricted Territories") "); (ii) you do not own or control, directly or indirectly, and have not acquired any assets from any blockchain address listed on any primary sanctions list or equivalent list maintained by any primary (such sanctioned list persons), collectively, the "Sanctioned List Persons") ; (iii) you do not intend to transact in or with any Restricted Territory or Sanctioned List Person; and 1.4 you are not a Restricted Person; and 1.5 your use of TokenMi is not prohibited by or otherwise violates or contributes to a violation of any applicable law or regulation, or enables or contributes to any illegal activity.
2. Access to the interface
We reserve the right to disable access to TokenMi at any time, with or without cause or justification. Our reasons for terminating access to TokenMi may include, but are not limited to, any violation of the Terms, including, but not limited to, if we believe, in our sole discretion, that you have failed to meet Section 4 of the set eligibility requirements terms at any time. In addition, we reserve the right to restrict or limit access to TokenMi at any time, in our sole discretion, to any person or entity, or in any geographic area or legal jurisdiction. We will not be liable for any loss or damage arising out of or in connection with your inability to access TokenMi at any time or for any reason.
We own all intellectual property and other rights in TokenMi and its content, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents and designs. You may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use TokenMi or any of its content, unless we expressly authorize you to do so. Access to or use of TokenMi does not constitute a grant to you of any exclusive intellectual property rights or other rights in TokenMi or its content.
You will retain ownership of all intellectual property and other rights in any information and materials you submit through TokenMi. However, by uploading such information or materials, you grant us a worldwide, royalty-free, irrevocable license to use, reproduce, distribute, publish, and send such data in any manner consistent with applicable laws and regulations.
You may choose to submit comments, bug reports, ideas or other feedback about TokenMi, including, but not limited to, how to improve TokenMi (collectively, "Feedback"). By submitting any Feedback, you agree that we may, in our sole discretion, use such Feedback at no charge and without additional compensation to you, and disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). If required by applicable law, you hereby grant us a perpetual, irrevocable, non-exclusive, transferable, worldwide license and all rights necessary for us to incorporate and use your Feedback for any purpose.
You are hereby granted access to and use of TokenMi if (i) you meet all eligibility requirements set forth in the Terms and (ii) your access to and use of TokenMi is in accordance with the Terms, which license is non-exclusive, non-transferable, and may be freely revoked by us at any time without notice or in our sole discretion. Any use of TokenMi for any purpose not expressly permitted by these Terms is strictly prohibited.
4. Prohibited activities
You agree not to engage or attempt to engage in any of the following types of prohibited activities in connection with your access to or use of TokenMi.
Activities that violate the terms and conditions.
Any activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, privacy or other proprietary or intellectual property rights as provided by law.
Activities designed to interfere with or impair the integrity, security or proper functioning of any computer, server, network, personal device or other information technology system, including, but not limited to, virus deployment and denial of service attacks.
Activities designed to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate or misleading information in order to unlawfully obtain the property of another.
Activities that violate any applicable law, rule or regulation regarding the integrity of the trading market, including, but not limited to, manipulative strategies commonly referred to as spoofing and trade laundering.
Activities that violate any applicable law, rule or regulation of any major jurisdiction.
Activities that disguise or interfere in any way with the IP address of the computer you use to access or use TokenMi or otherwise prevent us from correctly identifying the IP address of the computer you use to access TokenMi.
Activities that are transmitted, exchanged, or otherwise supported by the direct or indirect proceeds of criminal or fraudulent activity.
Activities that contribute to or promote any of the above activities.
5. no professional advice or fiduciary responsibility
All information provided in connection with your access to and use of TokenMi is for informational purposes only and should not be considered professional advice. You should not take or refrain from taking any action based on any information contained in TokenMi or any other information provided by us from time to time, including but not limited to blog posts, articles, links to third party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal or other decisions involving TokenMi, you should seek independent professional advice from individuals licensed and qualified in areas appropriate for such advice.
These Terms are not intended to and do not create or impose any fiduciary obligations on us. To the fullest extent permitted by law, you acknowledge and agree that we have no fiduciary duties or responsibilities to you or any other party, and to the extent any such duties or responsibilities may exist at law or in equity, such duties and responsibilities are hereby irrevocably disclaimed, waived and eliminated. You further agree that the only obligations and liabilities we have to you are those expressly set forth in the Terms.
6. No guarantee
This TokenMi is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all representations and warranties of any kind, whether express, implied or statutory, including, but not limited to, warranties of merchantability and fitness for a particular purpose. You acknowledge and agree that your access to and use of TokenMi is at your own risk. We do not represent or warrant that access to TokenMi will be continuous, uninterrupted, timely, or secure; that the information contained in TokenMi will be accurate, reliable, complete, or current; or that TokenMi will be free of errors, defects, viruses, or other harmful elements. No advice, information or statement made by us shall be deemed to create any warranty with respect to TokenMi. We do not endorse, guarantee.
7. Compliance Obligations
This TokenMi may not apply or be available in all jurisdictions. By accessing or using TokenMi, you agree to assume full responsibility for compliance with all laws and regulations that may apply to you. You further agree that we have no obligation to notify you of any potential liability or violation of law or regulation in connection with your access to and use of TokenMi, and that we are not responsible for any failure by you to comply with any aspect of any applicable law or regulation.
8. Risk taking
By accessing and using TokenMi, you represent that you understand that (a) TokenMi facilitates access to the protocol, that there are many risks inherent in using the protocol, and that (b) encryption and blockchain-based systems have inherent risks that you face when using the interface. You further represent that you understand the use and complexity of blockchain-based digital assets, including but not limited to the ERC-20 token standard available on the ethereum blockchain. You further understand that the market for these blockchain-based digital assets is highly volatile due to factors including, but not limited to, adoption, speculation, technology, security and regulation. You acknowledge that the cost and speed of transactions with blockchain-based systems, such as ethereum, are variable and may increase or decrease dramatically at any time, respectively.
The information and strategies provided by TokenMi are posted by users for your communication, learning and reference, and are not the basis for your trading decisions or trading-related operations. You should make your trading or trading-related decisions independently, and neither TokenMi nor the community will be liable in any way for any losses incurred as a result of trading or other trading-related decisions allegedly made on the basis of the above information.
You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with the Platform, and shall not be liable for any resulting damages you may encounter while accessing or using TokenMi.
Accordingly, you understand and agree that you assume full responsibility for all risks associated with accessing and using TokenMi's interaction with the Agreement.
9. Third party resources and promotions
TokenMi may contain references or links to third party resources, including but not limited to information, materials, products or services that we do not own or control. In addition, third parties may offer promotions in connection with your access to and use of TokenMi. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms do not apply to your dealings or relationships with any third parties. you expressly release us from any and all liability arising out of your use of any such resources or participation in any such promotions.
You expressly agree that you assume all risks associated with access to and use of TokenMi. In addition, you expressly waive and release us from any and all liability, claims, causes of action or damages arising out of or in any way related to your access to and use of TokenMi.
You agree to hold us and our officers, directors, employees, contractors, agents, affiliates and subsidiaries harmless from and against all claims, damages, obligations, losses, liabilities, costs and expenses arising out of: (a) your access to and use of TokenMi; (b) your violation of these Terms, the rights of any third party or any other applicable law, rule or regulations; and (c) any other party accessing and using TokenMi with your assistance or using any device or account owned or controlled by you.
12. Limitation of Liability
In no event shall we or any of our officers, directors, employees, contractors, agents, affiliates or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential or exemplary damages, including (without limitation) damages for loss of profits, goodwill, use, data or other intangible property arising out of or in connection with any access to or use of TokenMi We are also not responsible for any damage, loss or injury caused by hacking, tampering, or other unauthorized access to or use of TokenMi, or any information obtained from any access to or use of any unauthorized access to or use of TokenMi. We are not responsible or liable for any: (a) errors, mistakes or inaccuracies in the content; (b) personal injury or property damage of any nature arising from access to or use of TokenMi; (c) unauthorized access to or use of any secure server or database under our control, or use of any information or data stored therein; (d) interruptions in functionality associated with the interface or discontinuance; (e) errors, viruses, Trojan horses, etc. that may be transmitted to or through the Interface; (f) errors or omissions, or loss or damage resulting from the use of any content made available through TokenMi; and (g) defamatory, offensive or illegal conduct by any third party. in no event will we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claim, action, liability, obligation, damage, loss, or amount exceeding the greater of (i) the amount you paid us for access to and use of TokenMi, or (ii) $100.00. this limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such liability. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. therefore, some of the disclaimers and limitations set forth in the terms may not apply to you. this limitation of liability shall apply to the fullest extent permitted by law. tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such liability. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. accordingly, certain disclaimers and limitations set forth in the terms may not apply to you. this limitation of liability shall apply to the fullest extent permitted by law. tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such liability. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. accordingly, certain disclaimers and limitations set forth in the terms may not apply to you. this limitation of liability shall apply to the fullest extent permitted by law.
13. Intellectual property rights
(1). The rights of the creator
To the extent you are the Creator, you represent and warrant that you own all legal right, title and interest in all intellectual property rights in the Creator Content embodied in the works and cast digital assets that you post on the Platform or are otherwise licensed to use, including, but not limited to, the copyright and trademarks of the Creator Content. As between the Creator and any other user's identity, the Creator has the right to reproduce, prepare derivative works, sell, distribute and display or perform the Creator Content.
By sharing, distributing or selling any Digital Assets on the Platform, Creator hereby expressly and affirmatively grants to the rightful purchaser or other recipient of the Digital Assets the license set forth in Section 3(c)(ii) below.
You further represent and warrant that the Creator Content upon which any of your digital assets are based contains only original content or is otherwise licensed to other users and does not contain unlicensed or unauthorized copyrighted content, including any images, designs, audio, video, portraits, or other non-original content that was not created by you, is not licensed to you, is not in the public domain, or does not have a valid fair use claim. You also represent and warrant that you have permission to include any non-original content in the Digital Assets to the extent that such permission is required by law.
(2). Mirror rights for creator content.
You hereby acknowledge, understand and agree that by creating, casting, publishing, selling or distributing any work or digital asset on the Platform, you hereby expressly and affirmatively grant TokenMi and its affiliates and their successors a non-exclusive, worldwide, transferable, sub-licensable, perpetual, irrevocable and royalty-free license to (a) reproduce, display, perform, store, distribute and transmit the creator content behind (x) the work or (y) the digital assets. (b) use and incorporate the creator content (or derivative works thereof) of such digital asset in any marketing materials and reproduce, display, perform, display and transmit such marketing materials in any media, whether now known or later discovered, for the purpose of operating, promoting, sharing, marketing and advertising the Platform. The foregoing license includes, but is not limited to, the express right to (i) display or perform the Creator Content underlying the Digital Assets on the Platform, third-party platforms, social media posts, blogs, editorials, advertisements, marketing reports, virtual galleries, museums, virtual environments, editorials or to the public; (ii) index the Creator Content in electronic databases, indexes and catalogs; and (iii) store the Creator Content in distributed file systems, clusters of nodes, or other databases (e.g.:) hosting, storing, distributing, and replicating one or more copies of such Creator Content. g. Filecoin and the InterPlanetary File System), or cause, direct or solicit others to do so. In this context, "Affiliate" means an entity that is owned or controlled, directly or indirectly, by or under common ownership or control with TokenMi. Any questions, comments, suggestions, ideas, feedback or other information you provide to TokenMi about the Platform ("**Submissions**") are non-confidential and TokenMi reserves the right to use and distribute such Submissions without restriction for any commercial or other purpose without acknowledgement or compensation to you.
TokenMi may retain Content from its creators and may also disclose such Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to. (a) to comply with legal process, applicable law, or governmental request; (b) to enforce these Terms; (c) to respond to claims that any Content violates the rights of third parties; or (d) to protect the rights, property, or personal safety of TokenMi, its users, and the public. You understand that the technical processing and transmission of the Platform, including Creator Content, may involve (i) transmission over various networks; and (ii) changes to conform and adapt to the technical requirements of connecting networks or devices.
(3). Recipient rights
a. Recipient may receive digital assets representing Creator Content, but does not own the Creator Content itself or any intellectual property rights therein. Recipient may display and share the Digital Assets and underlying Creator Content, but Recipient does not have any legal title, right, or ownership of any copyright, trademark, or other intellectual property rights in the Creator Content, except for the limited license granted herein to the Creator Content.
b. Upon lawful collection and acquisition of title to any Digital Asset minted on the Platform, Recipient obtains from the seller of such Digital Asset a limited, worldwide, non-transferable (except as expressly provided below), non-public, royalty-free license to display the Creator Content behind such Digital Asset solely for Recipient's non-commercial purposes, including the right to privately or publicly display such Creator Content . (i) for the purpose of promoting or sharing Recipient's purchase, ownership or interest in such digital asset; (ii) to demonstrate Recipient's interest or participation in the corresponding economic block transaction, smart contract or cryptocurrency community; (iii) to share, promote, discuss or comment on such Creator Content . (iv) on a third-party marketplace, exchange, platform or application in connection with an offer to sell or trade digital assets; and (v) in a decentralized virtual environment, virtual world, virtual gallery, virtual museum or other navigable and perceivable virtual environment ("**Recipient License**"). Upon the sale or transfer of a Digital Asset to another Recipient, (a) said license will automatically be transferred to such other Recipient and such other Recipient will be deemed a "Recipient" (for purposes of such Digital Asset and the Recipient's license to the relevant Creator Content) and will be bound by these Terms, and (b) the seller or transferor of such Digital Asset will cease to have any further rights to such Creator Content.
c. Recipient agrees that in each case it will not, and will not permit any third party to, do or attempt to do any of the foregoing without Creator's prior express written consent. (i) modify, distort, destroy or make any other changes to Creator's Content that would harm Creator's honor or reputation; (ii) use the Digital Assets or Creator's underlying Content to promote, market or sell any third party products or services; (iii) associate the Digital Assets or Creator's underlying Content with images, videos or other media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be determined to constitute hate speech or any other form of media that could reasonably be determined to constitute hate speech or otherwise violate the rights of others (iv) incorporate digital assets or related Creator Content into movies, videos, video games, or any other form of media for commercial purposes, but only to the limited extent expressly permitted herein or for the recipient's personal, non-commercial use (v) sell, distribute for commercial gain, or otherwise commercialize goods that include, incorporate, or consist of Digital Assets or Essential Creator Content; (vi) attempt to trademark, copyright, or otherwise acquire other intellectual property rights in Digital Assets or Essential Creator Content (vii) attempt to mint, tokenize or create additional crypto tokens representing the same Digital Asset or Underlying Creator Content, whether on or off the Platform; (viii) falsify, misrepresent or conceal the authorship of the Digital Asset or Underlying Creator Content; or (ix) otherwise exploit any Creator Content or (except as expressly permitted herein) Digital Asset for the recipient's or any commercial advantage of a third party.
d. Recipient irrevocably releases, acquits and forever discharges TokenMi and its affiliates and their officers and successors from any liability for direct or indirect copyright or trademark infringement arising out of TokenMi's use of any digital asset or underlying creator content in accordance with these Terms.
(4). Platform content, software and trademarks
You acknowledge and agree that the Platform may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws ("Platform Content"). Except as expressly authorized by TokenMi, you agree not to modify, copy, frame, scrape, rent, lend, sell, distribute or create derivative works of the Platform or the Platform Content, in whole or in part. In the course of using the Platform, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked from accessing the Platform by TokenMi (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Platform or Platform Content other than as specifically authorized by this Agreement is strictly prohibited. The technology and software underlying the Platform or distributed in connection with it is the property of TokenMi, our affiliates and our partners ("Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, transfer, sublicense, or otherwise assign any rights to the Software. Any rights not expressly granted herein are reserved by TokenMi.
The smart contracts that make up the TokenMi protocol are provided under various open source software licenses, including the MIT License and the GNU General Public License v3, as noted in the applicable GitHub repositories. Certain other software may contain or provide open source software. Each piece of open source software is subject to the terms of its own license. If any license for specific open source software requires TokenMi to provide such open source software, and TokenMi's modifications, if any, to that open source software, 可通过书面请求1399799@gmail.com). The copyright in the Open Source Software is held by TokenMi or other respective copyright holders identified therein.
TokenMi's name and logo are trademarks and service marks of TokenMi (collectively, the "TokenMi Marks"). Other company, product and service names and logos used and displayed through the Platform may be trademarks or service marks of their respective owners, who may or may not endorse TokenMi, or may be affiliated or associated with TokenMi. Nothing in these Terms or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any TokenMi trademarks displayed on the Platform, unless we have prior written permission in each case. All goodwill arising from the use of TokenMi's trademarks will remain with us.
(5). Third Party Content
In no event will TokenMi be liable in any way for any digital assets, creator content, or any other content or materials of any third party, including users, including, without limitation, (i) any errors or omissions in any content or materials. (ii) any infringement or violation of intellectual property or other rights relating to such content or material, (iii) any promises, purported promises or commitments made by other users, or (iv) any loss or damage arising from the use of any such content or material or from reliance on any such promises or commitments. You acknowledge that TokenMi does not pre-screen Content, but TokenMi has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is made available through the Platform. Without limiting the foregoing, TokenMi reserves the right to remove any Content that TokenMi deems to be in violation of these Terms or otherwise objectionable (and to terminate any licenses associated therewith). You agree that you must evaluate and bear all risks associated with the use of any Content and the purchase of any digital assets, including any reliance on the accuracy, completeness or usefulness of such Content.
(6). Copyright Complaints
TokenMi respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been violated, you should follow the procedures below to notify TokenMi of your claim of infringement.
TokenMi will process and investigate notices of alleged infringement and take appropriate action against any alleged or actual infringement under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notification of claimed copyright infringement should be sent by email to TokenMi's Copyright Agent at firstname.lastname@example.org.
To be effective, the notice must be in writing and contain the following information.
The electronic or physical signature of a person authorized to act on behalf of the owner of a copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Platform, with sufficient detail so that we can locate it on the Platform
Your address, phone number and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
(7). Notice of Claim
If you believe that the Creative Content you have removed (or to which access has been disabled) is not infringing, or if you have authorization from the copyright owner, the copyright owner's agent, or are required by law to upload and use content from your Creative Content, you may send a written counter-notice containing the following information to the Copyright Agent.
- Your physical or electronic signature.
- The identification of the content that was removed or access to which was disabled, and the location where the content appeared before it was removed or access to it was disabled.
- a statement that you have a good faith belief that the removal or disabling of the content was the result of a mistake or misidentification
- Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the Federal Court for the Northern District of California, and a statement that you will accept process from the person providing notice of the alleged infringement.
If the Copyright Agent receives a counter-notice, TokenMi will send a copy of the counter-notice to the original complaining party notifying that person that we can replace the removed content or disable it within 10 business days. Unless the copyright owner files a lawsuit seeking a court order against the content provider, member, or user, the removed content may be replaced or access to it restored within 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
(8). Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, TokenMi has adopted a policy of terminating users who are considered repeat infringers in TokenMi's sole discretion in appropriate circumstances. However, due to the decentralized nature of the Platform, you acknowledge that TokenMi may not be able to determine whether the terminated individual or entity subsequently creates a separate Platform account and agree that TokenMi is not responsible for any such failure to make a determination. tokenMi may also, in its sole discretion, (i) restrict access to the Platform and/or terminate the membership of any user who infringes the intellectual property rights of others, regardless of of any repeat infringement; and (ii) terminate any recipient's license in connection with a DMCA takedown notice.
(9). Users agree to cooperate with TokenMi
The creator expressly agrees to refund to the recipient and/or TokenMi all fees received from the sale of any digital asset that is subsequently removed from the platform pursuant to a valid DMCA request and the creator fails to timely submit a valid DMCA counter-notice. tokenMi will not be liable to any user for removing the allegedly infringing work from the platform or otherwise fulfilling legal obligations under the DMCA to any user. In addition, you acknowledge that Creator Content cannot be removed from its blocks on the Ethernet blockchain, Optimist blockchain, Filecoin/IPFS, or Arweave blockchain, and TokenMi will not be liable for the continued presence of Creator Content in its blocks.
The creator, recipient and all users expressly agree to cooperate with and respond promptly to TokenMi's investigations, requests and inquiries related to DMCA disputes or allegations of infringement.
14、Explanation of fees
(1) Fees. You agree and understand that all fees, commissions and royalties are transferred, processed or initiated directly through one or more smart contracts deployed by TokenMi. TokenMi receives 2.5% of all ETH and OETH transactions made through smart contracts on the TokenMi platform. This amount is subject to change, including increases, decreases or cancellations at any time and from time to time.
TokenMi generally does not charge any fees, commissions or royalties for transactions occurring outside of the Platform. Each user irrevocably releases, acquits and forever discharges TokenMi and its affiliates and their officers and successors from any liability for royalties, penalties or fees not earned from any transactions outside the platform.
All transactions on the Platform or through smart contracts created on the Platform, including but not limited to minting, tokenization, bidding, listing, offering, purchase or confirmation, are facilitated by smart contracts that exist on the Ethernet or Optimism networks. Each transaction occurring on each of the Ethernet and Optimism networks requires the payment of a transaction fee ("Gas Fee"), and therefore each transaction occurring on the platform also requires the payment of a transaction fee. The value of the gas fee changes, often unpredictably, and is completely outside of TokenMi's control. Users acknowledge that in no event will a contract, agreement, offer, sale, bid or other transaction on the Platform be void, voidable, recoverable or unenforceable because the Gas Fee for a particular transaction is unknown, excessive or otherwise unacceptable.
(2) Split. Creators may share in the proceeds from the sale of digital assets launched on the Platform. The terms and mechanisms of how the proceeds are shared are separately defined.
(3) Taxes. Users are responsible for paying any and all sales, use, VAT and other taxes, duties and assessments now or hereafter required or imposed by any governmental agency "in connection with your use of the Platform (including, without limitation, any taxes that may be required to be paid as a result of your ownership, transfer, purchase, sale or creation of any Artwork).
15 Dispute Resolution
We will make our best efforts to resolve any potential dispute through informal, good faith negotiations. If a potential dispute arises, 您必须首先通过发送电子邮件至1399799@gmail.com与我们联系 so that we can attempt to resolve it without resorting to formal dispute resolution. If we are unable to reach an informal resolution within 60 days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below. Any claim or dispute arising out of or relating to TokenMi, the Terms, or any other act or omission for which you may hold us liable, including (without limitation) any claim or dispute regarding arbitrability (each a "Dispute"), shall be settled by the London Court of International Arbitration in accordance with the LCIA Arbitration Rules in effect at the time any Dispute is submitted to arbitration LCIA Arbitration Rules in effect at the time any Dispute is submitted to arbitration for final and exclusive resolution by arbitration. You understand that you are required to resolve all Disputes by binding arbitration. The arbitration shall be conducted on a confidential basis by a single arbitrator and shall be conducted in English. Unless we agree otherwise, the arbitrator shall not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court in the Cayman Islands or in such other court of competent jurisdiction as we may agree in writing.
You further agree that TokenMi shall be deemed to be located solely in the Cayman Islands and that while TokenMi may be available in other jurisdictions, its availability will not give rise to general or specific personal jurisdiction in any forum outside the Cayman Islands. The arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court in the Cayman Islands or in any other court of competent jurisdiction as we may agree in writing. You further agree that TokenMi shall be deemed to be located solely in the Cayman Islands and that, while TokenMi may be available in other jurisdictions, its availability will not give rise to personal jurisdiction in any forum outside the Cayman Islands, either generally or specifically. The arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court in the Cayman Islands or in any other court of competent jurisdiction as we may agree in writing. You further agree that TokenMi shall be deemed to be located solely in the Cayman Islands, and that while TokenMi may be available in other jurisdictions, its availability will not give rise to personal jurisdiction generally or specifically in any forum outside the Cayman Islands.
16. Class action and jury trial immunity
You must bring any and all disputes against us as an individual and not as a plaintiff or member of any so-called class action, class action, private attorney general action, or other representative action. This provision applies to class arbitration. Both you and we agree to waive the right to demand a jury trial.
17. Governing Law
You agree that the laws of the Cayman Islands (without regard to conflict of laws principles) govern the Terms and any dispute between you and us.
18. Full agreement