Terms of Service
Warranties and Disclaimers
Other than as expressly set out in these terms or in additional terms, Okida.io will not make any specific promises about the Service. For example, Okida.io will not make any commitments about the content within the service, the specific function of the Service or their reliability, availability, or ability to meet your needs. Okida.io provides the Service AS IS.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Agreeing to our Terms of Service
By using the Okida.io mobile app, website, or any other Okida.io product or service provided to you by Okida.io (collectively the "Services"), you agree to (1) these terms and conditions (the "Terms of Service") and (2) our Privacy Policy (found at https://docs.okida.io/docs/privacy-policy).
When major changes are made to these Terms of Service Although we will attempt to notify you. Okida.io may, in its sole discretion, modify or revise these Terms of Service at any time. Modifications and revisions will take effect 7 business days after they have been officially posted. Nothing in these Terms of Service shall be deemed to confer any third-party rights. Please review periodically the most up to date version (found at https://docs.okida.io/docs/privacy-policy).
If you are using our Services on behalf of a business or any third-party, that business or/and third-party accept these terms. It will hold harmless and indemnify Okida.io and its officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
Ability to Accept Terms of Service
You affirm that you are 13 years of age or older, and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
In any case, you affirm that you are 13 or older, as the Service is not intended for people under 13. If you are under 13 years of age, then please do not use the Service and disconnect immediately.
For any content that is labeled as explicit, you affirm that you are 18 years or older. If you are under 18 years of age, please not visit or/and access our explicit sections.
Okida.io User Accounts
To access some features of Okida.io Services, (for example: Uploading content and using the "Publishing tool") you will have to create a Okida.io user account. You may never use another's user account without permission. When creating your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and ID secure. You must notify Okida.io immediately of any breach of security or unauthorized use of your account.
Although Okida.io will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Okida.io or others due to such unauthorized use.
Service
These Terms of Service apply to all users of Okida.io's Services, including users who are also contributors of Content to the Service. "Content" includes the text, software, scripts, Digital Collectible, ai art, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other Content you may view on, access through, or contribute to the Service. The Service includes all aspects of any Okida.io product, including but not limited to software and services offered via the Okida.io app, Okida.io website (such as the Okida.io Forum), Share, Subscribe, RSS and Embed features, Dashboard and other applications.
The Service may contain links to third party websites that are not owned or controlled by Okida.io. Okida.io has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Okida.io will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Okida.io from any and all liability arising from your use of any third-party website. Feel free to report to us any compromising or illicit activity you can notice on Okida.io.
Accordingly, we encourage you to be aware when you leave a Okida.io Service and to read the terms and conditions and other policies of each other website that you visit.
General Use of the Service
Okida.iohereby grants you permission to access and use their Services as set forth in these Terms of Service, provided that:
Okida.io reserves the right to discontinue any aspect of the Service at any time.
In your use of the Service, you will comply with all applicable laws.
You do not alter or modify any part of the Service.
If you use the Embed feature on your website, you may not modify, build upon, or block any portion or functionality of the Embed feature, including but not limited to links back to the Okida.io website.
If you use the Okida.io Publishing platform, you agree that it may automatically updates from time to time from Okida.io. These updates are designed to improve, enhance and further develop the Publishing platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Okida.io to deliver these to you) immediately as part of your use of the Publishing platform.
Notwithstanding the foregoing, Okida.io grants the operators of public search engines permission to use spiders to copy Content from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. Okida.io reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that attempts to forge the presence of a user accessing the site for the purpose of artificially increasing "pageviews," "subscribers," or "likes" or other elements that contribute to a series popularity or advancement within any programs that Okida.io offers to users.
You agree not to collect or harvest any personally identifiable information, including user account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, posting) for any commercial solicitation purposes.
Your Content and Conduct
You hereby affirm, represent, and warrant that you (1) own or have the necessary licenses, rights, consents, and permissions to publish Content you submit and publish through the Service; and (2) all such Content are original works of authorship on your part and have not been copied, in whole or in part, from any other work and do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity.
You further agree that you will not submit to the Service any Content or other material that is contrary to the Okida.io Content and Community Guidelines, currently found at https://docs.okida.io/docs/privacy-policy, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
As a Okida.io product account holder you may submit Content to certain Okida.io Services, including comics, images, animated gifs, links and user comments. You understand that Okida.io does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on a Okida.io Service.
You further agree that Content you submit to a Okida.io Service will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the Content, or you are otherwise legally entitled to post the Content and to grant Okida.io all of the license rights granted herein.
Okida.io does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Okida.io expressly disclaims all liability in connection with Content. Okida.io does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Okida.io will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Okida.io reserves the right to remove Content without prior notice.
Licensing
Okida.io will not sell or redistribute your Content to third party licensees unless you give us permission to do so. Advertisements on Okida.io platforms from direct advertisers or third parties may be served with Content. In a case where Okida.io offers an opportunity for Content owners to potentially benefit from compensation outside of Okida.io platforms, such as licensing for merchandising, publication through non-Okida.io channels, making a movie or other licensing opportunities, a separate agreement with the third party and your full consent would be required.
Okida.io does not claim ownership rights of your Content. Your Content belongs to you and Okida.io does not restrict you from using your Content for any purpose unless stated in additional terms for other programs or offerings Okida.io may provide.
For the purpose of enabling Okida.io to make your Content available on our platforms, you hereby grant Okida.io an ongoing, non-exclusive, worldwide, royalty-free license and right to utilize Content that you publish through our platforms for the commercial purpose of digital publication on our website, through mobile devices, through digital sharing methods and through other digital means currently existing or not yet invented.
If you agreed to participate in one or more of Okida.io's Programs defined herein the document, you may be compensated for Content published using one or more of our platforms. Okida.io does not claim ownership right in your Content when you participate in our Okida.io Programs.
In order to promote, publicize, market and further the success of your Content and Okida.io as a whole, you hereby grant Okida.io an ongoing, non-exclusive, worldwide, royalty-free license and right, but not obligation, to utilize Content that you publish on a Okida.io platform, or give to Okida.io, and your user persona including, but not limited to, your name, likeness, and biographical information for promotional purposes. Examples include, but are not limited to, sending samples of Content for use by the press, posting Content to social channels, or printing samples of Content for distribution at conventions.
WEB3 - Digital Collectible
User Conduct
By using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any Digital Collectible, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any Digital Collectible, collection, or account on the Service.
To protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view certain Digital Collectibles on the Service or use our Service to interact with the Digital Collectibles; disabling the ability to use the Service in conjunction with buying/selling/transferring Digital Collectibles available on blockchains; disabling your ability to access our Service; and/or other actions. 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 and content, while accessing or using the Service. You also agree that you will not:
Use or attempt to use another user’s Account without authorization from such user;
Create or display Digital Collectibles or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner;
Pose as another person or entity, or use a wallet to engage in a transaction on Okida.io that is owned or controlled, in whole or in part, by any other person;
Claim a Okida.io username for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;
Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
Distribute spam, including through sending unwanted Digital Collectibles to other users;
Use our Service for commercial purposes inconsistent with these Terms or any other instructions;
Reverse engineer, duplicate, decompile, disassemble, or decode 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;
Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction.
Sell or resell the Service or attempt to circumvent any Okida.io fee systems;
Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that any Digital Collectible marketplace might use to sort search results;
Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing);
Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Okida.io;
Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
Use the Service to create, sell, or buy Digital Collectibles or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
Use any data mining, 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;
Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
Infringe or violate the intellectual property rights or any other rights of others;
Create or display illegal content, such as content that may involve child sexual exploitation;
Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
We allow users to post NSFW content, but that content and other associated material is subject to being marked NSFW and may be handled differently than non-NSFW content in navigation menus and search results.
Assomption of risk
You accept and acknowledge:
The value of a Digital Collectibles is subjective. Prices of Digital Collectibles are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect Digital Collectible prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility of Digital Collectibles.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Digital Collectibles.
You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Okida.io is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your Digital Collectibles.
There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Digital Collectibles or accounts/collections.
We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Okida.io has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Okida.io will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.
The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
Okida.io reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Okida.io. Under no circumstances shall the inability to view items on Okida.io or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Okida.io.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Okida.io Programs
Ad Revenue Program
We use direct advertisers or third-party advertising companies to serve ads when users visit our website. These companies may use information (except for your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
If you are over 18 years of age you may submit your application to participate in our Ad Revenue Program via our Dashboard. Please review the submission guideline prior to submitting your application. You may withdraw from participating in our Ad Revenue Program at any time with a notice sent to [email protected].
If you are not 18 years of age and above, please ask your legal tutor to contact us.
Although we make the best effort to bring high CPM ads and use the latest ad serving technology in order to ensure ad delivery, we cannot guarantee minimum CPM or ad delivery rate
Payment and Fees
You hereby agree to a fee of thirty percent of revenue (30%) for our Ad Revenue Program. Okida.io covers all third party credit card transaction expenses.
You must have an active Paypal Account in order to request and receive payment. Our users reside in various countries all over the world, and hence, Paypal has proven to be the most efficient and reliable method of payment at this time. There may be Paypal transfer fees associated in certain countries determined by Paypal, not by us.
You may submit a request for payment transfer only when the available balance in the revenue tab of your dashboard is greater than or equal to $25.00 ("Minimum Balance"). If the amount of the payment is less than the Minimum Balance, then the payment will be held until Minimum Balance is reached. When Minimum Balance is reached, you must click the Request Transfer button on the Revenue tab of your dashboard in order to begin the payment process. It will take 3-5 business days to transfer the requested payment amount to your Paypal Account. Okida.io is not responsible for any error with your Paypal account or information.
For any questions and inquiries regarding payments, please contact [email protected].
Virtual Currency and Purchases
While viewing content on one or more of Okida.io's platforms, you may have the opportunity to visit an in-app or online store. From there you may have the opportunity to use an online "currency" to license a variety of virtual goods such as episodes of a story. You may also be awarded virtual "ZANDI," "Coins," or other currency to use for virtual "shopping." These currencies have no "real world" value, but may be exchanged by you for designated items. Certain items have an expiration date, while others have no expiration date. Each item that you obtain using virtual currency will be included in your account until the earlier of that item's expiration date, your account's expiration or termination date, or such date when the platform is discontinued. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY. Okida.io no liability for loss of your items from your account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any item or any experience lost due to your violations of this and any other rules, policies, notices and/or agreements. Price and availability of the items are subject to change without notice. You agree that you cannot and have no right to sell or otherwise transfer any of the items, virtual currency or any other content or information included in any Okida.io platform, in whole or in part, to any third person or entity whatsoever in return for anything of value (including "real" money) or otherwise. You acknowledge that any virtual currency you receive on any of Okida.io's platforms is not "real" currency or any type of real world financial instrument. Furthermore it is not redeemable for any sum of money from Okida.io at any time.
In most instances Okida.io does not own the content we license to our readers. That being the case there may be times when content you have paid to be able to view is removed from our platform by the content owners before you have had a chance to view it. If this happens, and if you have made a purchase to view content that is removed within 7 days of your purchase, please contact [email protected] with the subject CONTENT REMOVED BEFORE VIEWED and we will work with you to exchange your unlocked, unread episodes for Okida.io ZANDI.
You agree that all ZANDI sales by the Company to you are final and will not be refunded for any reason unless required by applicable laws. If required by applicable law, the Company shall process refunds in accordance with the relevant laws.
ZANDI Subscriptions and tipping
Okida.io enables user's fans to support the user by subscribing to the creator using ZANDI, which converts to real world currency. The user takes 50% of the ZANDI amount, after 3rd party fees are applied. This will automatically lock the chapters and user’s fans will need to unlock each chapters using ZANDI. By default, user’s fans can read (5) chapters for free once ZANDI subscription is activated.
Okida.io enables user's fans to support the user by tipping virtual ZANDI, which converts to real world currency. The user takes 100% of the tip amount, after 3rd party fees are applied.
Okida.io Originals Program
Okida.io's Originals Program is intended for users who desire to monetize and make a living as a creator with the help of Okida.io.
Okida.io Originals sell their content on all platforms, Okida.io.
Okida.io will present professionals with additional opportunities that generate income which may include press and media appearances, work for hire offers, publishing deals, global distribution channels, traditional and digital media options.
Originals program is voluntary and user may accept or decline any opportunity at their sole discretion. Okida.io Originals Program may be subject to additional terms and conditions and require a separate agreement.
If you are interested in learning more about this program, follow this link for more information.
Termination
Depending on the mutual agreement, you have the right to opt out of the Services by sending a written notification with the subject line "Opt Out Notice" to Okida.io via email at [email protected]. Conditions might be applied.
Users, who violate these Terms of Service, tamper with the operation of any program, or engage in any conduct that is detrimental or unfair to Okida.io, the program or any other users (in each case as determined by Okida.io's sole discretion) are subject to suspension or cancellation of their user account(s) along with their ability to submit requests for payment.
Okida.io will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
Okida.io reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length that is not tagged correctly or uploaded through the right methods. Okida.io may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Copyright Violations
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information by mail to the state of Delaware, 651 N Broad St, Suite 201, in the city of Middletown, zip code 19709, and county of New Castle or by email with the subject line "Copyright" to [email protected] in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice by either of the methods outlined containing the following information:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the provincial court of Delaware, US, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Okida.io, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 14 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Indemnification
You release Okida.io and any of its affiliates, directors, officers, employees, representatives, agents and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with any Okida.io Service (including, without limitation, participation in the membership) or delivery, misdelivery, acceptance, possession, use of or inability to use any benefits (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Some jurisdictions do not allow (i) the exclusion of implied warranties on applicable statutory rights; and in the case of the countries of the United Kingdom, Luxembourg, the Netherlands and Spain, (ii) limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct, so the above exclusions and limitations may not apply in some cases.
Limitation of Liability
The Service will be governed, construed and interpreted under the laws of Delaware, US. Members agree to be bound by these Terms of Service and by the decisions of Okida.io, which are final. Okida.io reserves the right to suspend or cancel user accounts and any benefits should viruses, bugs, unauthorized human intervention or other causes beyond our control affect the administration, security or proper handling of the benefits or Okida.io otherwise becomes (as determined in its sole discretion) incapable of running the program as planned. In case of bankruptcy, Okida.io reserves the right to deny all benefits and obligations that it may have.
When permitted by law, Okida.io will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Okida.io, for any claim under these terms, including any implied warranties, is limited to the amount you paid us to use the Service (or, if we choose, to supply you the Service again).
In all cases, Okida.io will not be liable for any loss or damage that is not reasonably foreseeable.
In case of any conflict or inconsistency, further agreements between you and Okida.io supersede these Terms of Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL OKIDA.IO OR ITS SERVICE PROVIDERS 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 OR THE SERVICE, PRODUCTS 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, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF OPENSEA OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS 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 OKIDA.IO ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, Digital Collectibles, OR ANY OKIDA.IO PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY OKIDA.IO FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
Updated about 2 years ago