Terms of Service

Article 1 Introduction

These Terms of Service (hereinafter the “Terms”) govern the relationship of users (hereinafter “User” or “You”), Zemiter owned by Time and space LTD and operated by Zemiter inc. (hereinafter “Zemiter” or the “Company” or “Us”) and its affiliates in regards to services (hereinafter the “Service”) of website or application on which these Terms are posted. Additionally, the Terms describe the terms applicable when using the Service of the Company on other Websites or Platforms. When you use the Service, you represent that you understand these Terms and shall be deemed conclusively to have agreed to all the terms. These Terms are not applicable to independently operated Blockchain-based games serviced on Zemiter. In such case, the separate Terms of Service of such game shall apply. The Company puts reasonable effort in operating Zemiter Service. However, the Company shall not be held liable for any service disruption or discontinuation of service due to natural disasters or other force majeure events. If you do not agree to these Terms of Service, you should not access our sites or use our Services.

Article 2 Definition of Terms

The Terms herein shall be defined as follows :
1. “Company” refers to Zemiter Inc.
2. “Service” refers to the inclusive entirety of the Company provided website, wallet and such, which is accessible through PC, tablet, mobile or any electronic device.
3. “Website” refers to Zemiter website : https://zemiter.io/
4. “Wallet” refers to the online wallet provided by Zemiter, through web or application. Wallet stores public keys and private keys to store and manage digital assets. Wallet allows purchase, trade, exchange functions in Zemiter.
5. “User” or “You” refer to the person who uses the Service provided by the Company.
6. “Game” refers to any electronic video game.
7. “In-game item” refers to electronic data, including NFT (Non-Fungible Token), that exists in a digital form and is designated for use in games.
8. “Digital Asset” refers to Blockchain-based items or data that exist in digital form. Digital asset includes, but is not limited to, NFT, cryptocurrency and game token.
- NFT : Non-fungible Token refers to any digital asset on blockchain that is not mutually interchangeable with other tokens. Within the Service, certain in-game items are provided as NFT.
- Cryptocurrency : Coins and tokens issued with blockchain technology. On Zemiter Platform, Zemit X Token is used as key currency that can be exchanged with game tokens or used as a means of purchase.
- Game Token : Tokens that can be used for using the contents of game service on Zemiter platform or purchasing game items, and more of such.
9. “Dormant Account” refers to any account that has not been active for a long period of time.

Article 3 Products

The Company offers a variety of services which may include purchasing, trading or exchange contents. To interact with our Services, you must have a registered account. Product information, pricing and availability of products listed in the Service are subject to change.

1. Purchase Terms Please read these purchase terms carefully before ordering products from the Service. Brief purchase precautions will be given to you in appropriate methods when you proceed to purchase the products from the Service. Digital assets may be required to purchase products on the Service. Please note that you agree to these Purchase Terms set out in this document when you purchase through Service or services directly connected to the Service.

Article 4 Use of Zemiter

1. Effect and modification of Terms of Service The Company, if deemed necessary, can modify these Terms of Service to the extent that it does not violate the relevant laws and regulations. Any modified contents shall be announced or notified by Zemiter via electronic methods, including, but not limited to : email address, electronic notice in the Service or pop-up message. Please note that you acknowledge and accept that these Terms of Service and/or the Service may be amended, modified, or altered at any time without a notice at discretion of Zemiter. Your continued use of the Service after any modifications of these Terms of Service shall constitute your consent and acceptance of any such changes, modifications, or alterations. If you do not agree to the revised Terms of Service, you may terminate the Service Agreement through discontinuation of use of Service or withdraw membership at any time. The date of the most recent modifications will be indicated at the top of these Terms of Service.

2. Provision of Zemiter Platform By using our Service, you agree with following conditions under the applicable law :
- You have all necessary knowledge to deal with digital items and/or Blockchain-based systems, have a full understanding of their framework, are aware of all the merits, risks and any restrictions associated with digital assets.
- You will neither use the Service for any illegal activity nor be engaged in any illegal activity.
- You solely control your credentials (email address, password or other information provided for the purpose of the Service use) and do not act on behalf of any third party.
- To provide better Service, the Company may display in the Service Page or send out via email various information including notices, admin messages and other advertisements regarding use of the Service. If you do not wish to receive such email, please contact our customer service at contactus@zemiter.io

3. Warranty THE SERVICE MAY CONTAIN CONTENTS OF THE COMPANY’S PARTNERS, VENDORS, GAME DEVELOPERS, ETC. AND/OR LINKS TO THIRD-PARTY WEBSITES AND SERVICES. SUCH SERVICES AND/OR LINKS ARE PROVIDED FOR USERS’ CONVENIENCE, AND THE COMPANY DOES NOT GUARANTEE, SUGGEST OR IMPLY THE SAFETY OF ANY THIRD-PARTY WEBSITE OR THE LEGALITY OR CONFORMITY OF ANY SUCH THIRD-PARTY SERVICE.
THE COMPANY IS NOT RESPONSIBLE FOR MAINTAINING ANY MATERIALS REFERENCED FROM ANOTHER SITE, AND MAKES NO WARRANTIES, NOR ENDORSEMENT FOR THAT SITE OR RESPECTIVE SERVICE. THE COMPANY ASSUMES NO OBLIGATIONS IN THE EVENT OF ANY DAMAGE OR LOSS, OR ANY OTHER IMPACT, DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY SERVICES AND RESOURCES. PLEASE ALSO NOTE THAT THESE SERVICES MAY HAVE THEIR OWN POLICIES. YOU WOULD HAVE AGREED TO THOSE POLICIES UPON ACCESSING, USING OR SIGNING UP TO THOSE SITES AND/OR SERVICES, AND WE ARE NOT RESPONSIBLE NOR LIABLE IN ANY WAY TO YOU OR ANY THIRD PARTY IN RESPECT OF THOSE POLICIES.

4. Updates The Company may deploy or provide patches, updates, upgrades, content or other modifications to the Services for reasonable purposes. These updates may result in the Services being temporarily unavailable. In certain circumstances, we may suspend, withdraw or disable the Service for longer periods while we deploy these updates.
Service suspension due to any of the causes shall be notified or announced through email or pop-up message from the Service. Any causes that the Company is unable to predict, nor control shall be an exception of prior notification or announcement. However, even for such exceptional causes, the Company shall exert its utmost effort to recover the Service at the earliest possible time.

5. Dormant Account Policy Your account is converted to a “Dormant Account” after one year period of no record of log-in. A dormant account is notified of its conversion to a dormant account 30 days prior to the conversion.
All information of the account is deleted with exception for the least information including, but not limited to, email address and wallet address, and the account is suspended three (3) years after conversion to a dormant account. You are also notified 30 days prior to suspension of account. You are responsible for any information that has been deleted since the account has converted to a dormant account.

6. Naming Policy Naming Policy is applicable to all names selected by users in the Service provided by the Company. Generally, all IDs can be created without any restriction. However, the names that violate the naming policy shown below can be arbitrarily deleted or changed at the sole discretion of the Company.
- Any form of name that is offensive to others (including, but not limited to, abuse, slander, criticism, violent words)
- A name that is anti-social and contrary to applicable laws
- A name related to illegal activities
- A name that slanders or defames specific group, race or religion
- A name that may invade the trademark rights of other third parties
- A similar name that impersonates another user
- A name deemed to have advertising intent (including the purpose of promotion and profit of a specific organization)
- A name related to Zemiter and the Company (A name that may mislead service provision of the Company. Examples include Zemiter Team, Operator, assistant and NPC impersonation)
- A name that slanders or defends a specific politician or political party.
- Other names that may impede healthy Service operation.
The Company may take prompt action in accordance with the Naming Policy on names that may not be on the list above, but may cause discomfort to other users.

7. Fraud Policy Fraudulent activity within the service refers to any activity that intentionally deceives other users for profit. The Company may restrict fraudulent users to create a healthy Zemiter environment. Recovery measures for damages incurred by fraudulent activity is not provided, for such damage is caused by personal carelessness and negligence.

8. Account Theft Policy - Account theft refers to any activity that damages user’s account information (including, but not limited to, Zemiter ID, password, email, private key and asset) by extortion of information registered in the account.
- Account theft is a violation of applicable laws and regulations, and the Company is not responsible for any civil or criminal actions that may occur internally or externally to users in such violation. In addition, if it is confirmed that the personal information of another user has been used illegally without consent of the user, the use of Service of all accounts related to account theft may be restricted.
- IN THE CASE OF ACCOUNT THEFT, RECOVERY MEASURES FOR INCURRED DAMAGES ARE NOT PROVIDED, FOR SUCH ACCOUNT THEFT IS FULLY ATTRIBUTABLE TO THE USER WHO HAS FAILED TO FULFIL OWN OBLIGATION TO PROTECT PERSONAL INFORMATION.

9. Failure Recovery Policy Digital assets that have been lost due to technical errors or bugs while using the Service will be recovered to the extent to which the Service is not overwhelmed, after record confirmation. However, changed data attributed to personal carelessness and negligence of the user cannot be recovered.

Article 5 Obligations of Contracting Parties

1. Obligations of Users The following activities are prohibited:
- Inappropriate or unjustifiably use of other user’s account and password
- Upload lewd materials, disparaging or inappropriate materials, or connect (link) such websites on the bulletin board or any public space or the Service.
- Violate or infringe other rights of the Company or a third-party including copyright
- Cause malfunction of equipment, and/or destroy and disrupt information related to the Service
- Collect, store and/or disclose other user's personal information
- Circulate false information to provide oneself or others with proprietary benefits, or to damage others
- Publish any information (including computer program) prohibited by the relevant laws and regulations
- Impersonate any officer or administrator of the Company or Partners, or illegally use another user’s name.
- Other Illegal acts or any act that impedes operation of the Service

Unless a user abides by the relevant laws and regulations, these Terms of Service and all policies of the Company, his/her use of the Service and online activities may be investigated; his/her use of the Service may be temporarily or continuously suspended, or terminated without any compensation to the user, and with no liability on Our part for any loss, delay or damages whatsoever

2. User Responsibility Through use of the Service, you are deemed to have fully agreed that you are solely responsible for the use of login and password of your account, protection of any registration data provided for account creation, and for any actions conducted during account usage.

Article 6 Termination of Service

1. Termination If you no longer wish to use the Service, you can terminate this Service at any time according to the menu provided in the Service. Precaution pop-up message(s) will be provided when you proceed the termination procedure. You are deemed to have acknowledged and accepted all terms and conditions of termination once you click the ‘confirm’ button on the bottom of the pop-up message(s). Upon completion of termination, your information will be removed from the Service. However, due to technological characteristics of Blockchain, data related to Blockchain cannot be deleted. The Company will take appropriate actions in accordance with applicable laws and regulations.

2. Membership Withdrawal and Personal Information Protection If you wish to terminate the Service, you may withdraw your membership in accordance with procedures set by the Company through membership withdrawal function.
- Upon withdrawal, you cannot log into Zemiter Service and use of the Service is restricted.
- Upon withdrawal, all information related to Zemiter Service is deleted and cannot be recovered.
- Zemiter Token balance on your Zemiter Wallet must be empty. If you possess Zemiter Token in your Zemiter Wallet, withdrawal cannot be proceeded. Please transfer Zemiter Token to another wallet address.
- Upon withdrawal, any game token and NFT in possession are Burned and deleted.
- Withdrawal cannot be proceeded if you have any open orders, including, but not limited to buy, sell and liquidation, on the exchange within Zemiter Wallet. Please organize your open orders before proceeding withdrawal.
- Upon withdrawal, you cannot re-register with the same email address.

Article 7 Regulations

1. Governing Law and Jurisdiction These Terms of Service shall be governed by Hongkong law and shall be interpreted, governed and construed accordingly. User consents to designate the courts of Hongkong as the competent court for any disputes or lawsuits arising in relation to these Terms of Service or Privacy Policy.

2. Language - User agrees that even in the event that the translated version of the English Terms of Service is provided, the translated version is provided only for convenience of the user, and solely the English Terms of Service shall apply to the relation between the user and the Company.
- In the event of discrepancies between the English Terms of Service and any translated version of the Terms of Service, the English Terms of Service shall be prioritized