TERMS AND CONDITIONS

      Definitions   |   Ownership and Intellectual Property   |  Personal Use   |   Limitations of Liability
 

1. Daqin Saga is a global, creative brand and a community created by Daqin Saga Limited (We, Us, Our) of which you will be part of.

2. By acquiring a Daqin Saga Genesis Civilization NFT (Daqin Saga NFT) from any market or platform, you agree to be bound by these Terms and Conditions (“Terms”), in addition to any applicable laws.
   
   DEFINITIONS

3. Daqin Saga NFT means a non-fungible token (NFT) on the blockchain, representing a single Daqin branded or Daqin themed character, created by or on behalf of Us. Each Daqin Saga NFT forms part of a collection of characters released in one or more tranches, minted as collectible blockchain-based digital assets, representing that character and tracked on a public blockchain ledger, including any associated media, metadata, or other content.

4. Daqin Saga Character means the artistic work associated with each Daqin Saga NFT, including the appearance of the character, and all associated media, artwork, metadata, or other content in any format now or in the future.

5. Artwork means the visual representation of the Daqin Saga Character, including the 3D bust image and all associated visual elements displayed with or embedded in the Daqin Saga NFT.

6. Manuscript means any manuscript, book, written work, or narrative content based on or associated with a Daqin Saga Character.

7. Daqin Saga trademarks means our trademarks, including the “Daqin Saga” and Daqin Saga NFT or any future NFT collection trademarks released by Us, word marks or logo marks.

8. The Terms are a binding agreement entered into between Us and you. When you acquire a Daqin Saga NFT, you own personal property interest in the Daqin Saga NFT itself (e.g., the right to freely sell, transfer, or display the Daqin Saga NFT), but you do not own the associated artwork, brand, or other underlying intellectual property rights associated with that Daqin Saga NFT, except for the specific licensed rights set forth below.
   
   OWNERSHIP AND INTELLECTUAL PROPERTY

9. We own all intellectual property rights, including copyright, trademarks and service marks, in and to the artistic work associated with each Daqin Saga Character released by Us.

10. You do not own, and acquire no right, title, or interest in, any works of authorship other than the NFT itself. For the avoidance of doubt, this includes any music, sound recordings, animation, audiovisual content, artwork, or other creative works that may be included in, displayed with, embedded in, or otherwise associated with the NFT collection, all of which remain the exclusive property of their respective rights holders unless expressly stated otherwise in writing.

11. Except as expressly provided under these Terms, no licence or other rights are granted, whether expressly or by implication, estoppel, or otherwise.

12. We do not grant you any right to copy, reproduce, distribute, communicate to the public, adapt, or otherwise exploit any of the other works of authorship referred to above, except to the limited extent necessary to use your Daqin Saga NFT for your own personal, non-commercial use.

13. To the maximum extent permitted by law, you acknowledge and agree that no copyright, design right, trademark, or other intellectual property rights will vest in you in respect of any derivative works you create pursuant to these Terms, notwithstanding that such works may otherwise qualify as original works under applicable law.

14. You must not apply for, register, or claim any copyright, trademark, design, or other intellectual property rights anywhere in the world in respect of any derivative works, or any element thereof, derived from or substantially similar to any Daqin Saga Character. For the avoidance of doubt, if your derivative work resembles, overlaps with, or is substantially similar to any modifications, developments, or derivative works created or authorised by us, you acknowledge and agree that:

    1. all rights remain exclusively with us;

    2. you may not assert any claim, right, licence, or interest against us or any authorised party; and

    3. you may not initiate or threaten any legal action, including for infringement, passing off, or breach of moral rights, in respect of such works.

15. Any attempted registration, assertion, or enforcement of rights in breach of this clause is void ab initio and constitutes a material breach of these Terms. For the avoidance of doubt, no licence or other rights are granted by implication, estoppel, or otherwise.

16. You will not acquire any rights to any of the Daqin Saga trademarks other than as expressly set out in these Terms. You may not use the Daqin Saga trademarks in connection with any product, content, business or service, or in any manner that implies endorsement, causes confusion, dilutes, blur or diminish the value of the Daqin Saga brand.

17. Nothing in these Terms gives you any rights to other trademarks and intellectual properties belonging to Daqin Saga Limited including without limitations, to Daqin Saga NFT and the associated logos, all of which are expressly reserved in the name of Daqin Saga Limited
    
    PERSONAL USE

18. Subject to your continued compliance with these Terms, we grant you a non-exclusive, worldwide, personal, royalty-free licence to use, display, and, solely in the case of NFT marketplaces, transfer (sell) the purchased Daqin Saga NFT only for the following purposes:

    1. For your own personal, non-commercial use, including the creation of derivative works for private or non-commercial public display (e.g., galleries), provided that:

       1. no fee is charged for access to such derivative works;

       2. derivative works are not sold, licensed, or otherwise commercialised;

       3. derivative works do not imply endorsement by us;

       4. all underlying copyright in the original works remains with the relevant rights holders; and

       5. derivative works are not unlawful, defamatory, misleading, or prejudicial to our reputation.

    2. As part of a recognised NFT marketplace that permits the purchase and sale of your Daqin Saga NFT, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Artwork, ensures only the actual owner can display the Artwork, and that no commercial exploitation of the underlying works occurs beyond the sale of the NFT itself.

    3. As part of a third-party website or application that permits inclusion, involvement, or participation of your NFT, provided that:

       1. the website/application cryptographically verifies each NFT owner’s rights to display the Artwork;

       2. the Artwork is no longer visible once the NFT owner leaves the website/application; and

       3. no commercial exploitation of the underlying works occurs.

19. For the avoidance of doubt:
    We, as the owner of the copyright and all underlying property rights in the Daqin Saga Characters, may modify, develop, or create any new or derivative works at our sole discretion. You may not claim any rights, licence, or other interest against us, nor initiate any infringement or other legal action, if your derivative work resembles or overlaps with any works we create.

20. You must comply with any marketing guidelines or policy we issue and post on our website from time to time.

21. Manuscript Access (View-Only):
    Where we provide access to any Manuscript, such access is provided strictly on a view-only basis for personal, non-commercial use by verified Daqin Saga NFT holders.
    For the avoidance of doubt:

    1. no ownership, copyright, or other intellectual property rights in the Manuscript are transferred or licensed;

    2. no right to copy, download, reproduce, adapt, distribute, record, screenshot or create derivative works from the Manuscript is granted; and

    3. all rights, title, and interest in and to the Manuscript remain exclusively with us.

22. No licence or other rights are granted by implication, estoppel, or otherwise.
    
    LIMITATIONS OF LIABILITY

23. You are solely responsible for the safety and management of your private wallets and validating all transactions and contracts before approval. Blockchain transactions are immutable; we cannot reverse or refund any transactions.

24. You indemnify and hold Us and our employees, and contractors, harmless from and against any and all claims, losses, liabilities, damages, expenses and costs (including reasonable lawyers’ fees) arising from your breach or alleged breach of these Terms.

25. We make Daqin Saga NFTs Available “As Is”, “Where Is”. To The Extent Permissible By Law, Except As Expressly Stated In These Terms, We Do Not Make Any Representations Or Warranties Of Any Kind And Explicitly Disclaims All Other Representations And Warranties Of Any Kind, Whether Express, Implied, Written, Oral Or Statutory, Including Any Implied Warranties As To Availability, Merchantability And Fitness For A Particular Purpose.

26. You will not hold Us responsible for any damage or loss you may incur as a consequence of purchasing, buying, using or selling your Daqin Saga NFT whether due to Internet connection issues, demand outstripping supply, or any other problems we cannot control. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of your Daqin Saga NFT due to website or smart contract errors.

27. We will not be liable for any indirect, incidental, consequential, or other non-direct damages of any kind or for any special, additional or similar damages.

28. Our maximum aggregate liability for all damages caused, whether in contract, tort (including negligence) or otherwise in any given 12 months period is (NZ) $100. Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Consumer Guarantees Act 1993 (NZ), except to the extent permitted by law. Where the Daqin Saga NFT is acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply.

29. To the extent that you sell your Daqin Saga NFT, please be aware that the prices of NFTs are volatile and fluctuations in the prices of other NFTs may impact the price of your Daqin Saga NFT both positively and negatively. Given the volatility, NFTs such as Daqin Saga NFTs should not be considered an investment. You assume all risks in that connection.

30. You are entirely responsible for any tax liability which may arise from purchasing or reselling your Daqin Saga NFT.

31. Daqin Saga site is intended for adults only. You must be 18 or, have reached the age of majority in your jurisdiction, if that age is greater than 18, to access our site and purchase Daqin Saga NFT.

32. We are fully committed to the Daqin Saga brand and will continually develop it and grow the content and community. However, sometimes things happen and we cannot make any guarantees as to our continued existence nor can we guarantee any further developments. By purchasing Daqin Saga NFT, you agree that you are not relying on any future commitments by Us.

33. You may not, and may not allow any third party to upload, display or use any of Daqin Saga NFTs you own that:

    1. promotes any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content;

    2. distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of destructive or deceptive nature;

    3. engage in, promote, or encourage illegal activity;

    4. impersonate another person.

34. You may not assign or transfer any of your rights and obligations under these Terms.

35. These Terms are governed by the laws of New Zealand. In case of a dispute with Us, whether it relates to these Terms, Daqin Saga NFTs in any way, legal proceedings must be brought exclusively before the New Zealand courts.

36. If any provision of these Terms or its application is or becomes invalid or unenforceable to any extent, the remainder of these Terms and its application will not be affected and remain enforceable.

37. No failure or delay by Us to exercise any right or remedy under these Terms will be treated as a waiver of such right or remedy.