Effective: April 1, 2021

Last Updated: March 31, 2021

  1. IntroductionWelcome to the Xeno NFT Hub website, owned and operated by Xeno Holdings Limited (“Xeno NFT Hub,” “we,” “us” or “our”). These Terms of Use (these “Terms”) govern your access to and use of the Xeno NFT Hub website; including without limitation the creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).

This Service also allows you to sell and purchase Crypto Assets (as defined below) via auction (“Auction”). Detailed rules regarding the Auction process are available on this page, Auction Rules. You may only participate in the Auction by linking your digital wallets on supported bridge extensions such as MetaMask (https://metamask.io/) or poladot.js (https://polkadot.js.org/extension/). MetaMask and Polakadot.js are electronic wallets, which allow you to purchase, store, and engage in transactions using the Ethereum and XNO cryptocurrencies respectively. Before putting up your unique digital asset for Auction or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.

“Crypto Assets” refers to unique non-fungible tokens, implemented on various blockchain platform with which XENO NFT Hub interacts (the “Blockchain Platforms”) using smart contracts, including without limitation Ethmoji, CryptoKitties, CryptoCelebrities, and CryptoPunks. As well as non-fungible token implementations on the Xeno NFT Hub Substrate based network or any imported or wrapped token standards thereof.ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY SUCH THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS. FOR METAMASK, THOSE TERMS ARE AVAILABLE AT (https://metamask.io/terms.html) AND (https://metamask.io/privacy.html)XENO NFT HUB IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. XENO NFT HUB FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF CRYPTO ASSETS OR BETWEEN ANY USERS.YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE ON XENO NFT HUB. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, XENO NFT HUB MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS. PLEASE READ SECTION 15 CAREFULLY.BY COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTO ASSETS, INTERACTING WITH XENO NFT HUB SMART CONTRACTS OR NATIVE NETWORK APPLICATION YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets.Xeno NFT Hub reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, 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 or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.

  1. Privacy PolicyPlease refer to our Privacy Policy for information about how we collect, use and share information about you.
  2. Account Registration and Communication Preferences
    1. If you wish to participate in an Auction for Crypto Assets, you will need to connect a wallet extension and link a crypto account to our services (“Account”). You may edit the associated Account details for this linkage, by doing so, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your wallet password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account. Xeno NFT Hub reserves the right to block multiple accounts of the same user. Also, you agree that you will not:
      1. create another account if we’ve disabled one you had unless you have our written permission first;
      2. create another account if we’ve disabled one you had unless you have our written permission first;
      3. buy, sell, rent or lease access to your Account or username unless you have our written permission first;
      4. log in or try to log in to access the Service through unauthorized third party applications or clients.
    2. Xeno NFT Hub may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Xeno NFT Hub may also require you to provide additional information and documents in cases where it has reasons to believe that:
      1. Your Account is being used for money laundering or for any other illegal activity;
      2. You have concealed or reported false identification information and other details; or
      3. Transactions effected via your Account were effected in breach of these Terms.
    3. In such cases, Xeno NFT Hub, in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by Xeno NFT Hub and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Xeno NFT Hub may refuse to provide the Content (defined in Section 4(A) below) to you.
    4. You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or services.
    5. 4(b) Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Xeno NFT Hub or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. For example, when you click to get more details about any of the Crypto Assets sold through our marketplace, you will notice a third party link to the website from which such Crypto Asset originated. Such website may include license terms governing the use of such Crypto Asset. In the event you purchase such Crypto Asset through our marketplace, you are required to comply with such terms.
    6. As stated above, your participation in the Auction is also subject to the rules available on this page, Auction Rules.
  3. Ownership
    1. Unless otherwise indicated in writing by us, the Service and all Content and other materials contained therein, including, without limitation, the Xeno NFT Hub logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Xeno NFT Hub or our affiliates, licensors or users, as applicable.
    2. Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Xeno NFT Hub or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
    3. The Xeno NFT Hub logo and any Xeno NFT Hub product or service names, logos or slogans that may appear on the Service or Service are trademarks of Xeno NFT Hub or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Xeno NFT Hub” or any other name, trademark or product or service name of Xeno NFT Hub or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Xeno NFT Hub and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Xeno NFT Hub names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Xeno NFT Hub.
  4. License to Access and Use Our Service and ContentYou are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, and (f) use the Service or Content other than for their intended purposes.
  5. HyperlinksYou are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray Xeno NFT Hub or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Xeno NFT Hub to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Xeno NFT Hub trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.
  6. Third Party ServicesThe Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of Xeno NFT Hub. Xeno NFT Hub is not responsible for any Third-Party Websites or Third-Party Applications. Xeno NFT Hub provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
  7. User Conduct
    1. 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 or using the Service or participating in the Auction. You agree that you will abide by these Terms and will not:
      1. Provide false or misleading information to Xeno NFT Hub;
      2. Use or attempt to use another user’s Account without authorization from such user and Xeno NFT Hub;
      3. Create or list counterfeit items;
      4. Pose as another person or create a misleading username;
      5. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
      6. Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
      7. Reverse engineer any aspect of the Service, 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 Service;
      8. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
      9. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
      10. Use data collected from our Service to contact individuals, companies, or other persons or entities;