TERMS AND CONDITIONS
Article 1. Purpose
The purpose of these terms and conditions is for Apollo42 Ecosystem (hereinafter ‘Apollo42’) to specify rights, obligations and other requirements between Apollo42 and members on service provided over wire or wireless networks.
Article 2. Definitions
1) Terms used here have the following meanings.
2) Terms other than above-defined ones are subject to applicable laws and general practices.
Article 3. Provision of Apollo42 Information
Apollo42 will provide the following information on its website (https://apollo42.world) so that its members can easily access it:
Article 4. Posting of Terms and Conditions
Apollo42 will present terms and conditions when a user executes service for the first time. The user should agree to these terms and conditions to use service fully. The user’s consent to these terms and conditions is considered to be properly expressed at the moment the user starts using the service by connecting his wallet.
Article 5. Change of Terms and Conditions
1) Apollo42 may change these terms and conditions to the extent allowed by applicable law and commercial practices.
2) When changing the terms and conditions, Apollo42 should specify the effective date of new terms and conditions and reason for changes. For a long enough period from seven days (or 30 days for change disadvantageous to users or critical change) before the effective date.
3) When the terms and conditions are changed, if the member does not explicitly express his/her rejection, he/she will be considered to agree to such changes.
4) Except when the terms and conditions are changed due to the revision of applicable law, Apollo42 can provide service for members in terms of technology and business according to previous terms and conditions even if members rejected such changes. However, if service provision is not possible in terms of technology and business, Apollo42 will terminate a relationship with them.
5) If the member does not agree to new terms and conditions, Apollo42 or the member can terminate their relationship.
Article 6. Interpretation of Terms and Conditions
1) Apollo42 can establish the operation policy to specify other requirements not defined in these terms and conditions. In this case, the operation policy will be supportive of these terms and conditions. Apollo42 may disclose the operation policy in its service website and official forum to inform its members.
2) For issues not specified in these terms and conditions, they will be interpreted according to applicable law and commercial practices.
Article 7. Effectiveness of the Terms and Conditions
1) When a user agrees to these terms and conditions the terms and conditions becomes effective.
2) Apollo42 may cancel these terms and conditions if the member:
3) Apollo42 can categorize members according to each service content and provide different services and features for each member according to their time of use, access frequency, payment and other information.
Article 8. Minors
If a minor (a person who is under 14, for the USA – under 13, for the EU – under 16) uses the service, his/her legal guardian can request Apollo42 to view, correct or update such minor’s personal information or cancel his/her membership. In this case, Apollo42 will take necessary measures to destroy such minor’s personal information.
Article 9. Member’s Obligation on His / Her ID and Password
1) The member is responsible for controlling his/her nickname and other personal information used in the service, including but not limited to purchases / sales made by the member in the marketplace. The member will be responsible for any loss caused by managing his/her information improperly or third party’s unauthorized use, and Apollo42 will not take any responsibility.
2) If Apollo42 suspects personal information can be leaked from the service provided for members, a member misbehaves, a member took action so that he can be taken for Apollo42, Apollo42 operator or other user, then changes/limits the use of such service without prior notice.
3) If the member becomes aware that service provided by Apollo42 is pirated or used by a third party, he/she should inform Apollo42 of this case immediately and follow instructions from Apollo42. Apollo42 does not take any responsibility for any damage caused by not informing Apollo42 or not following Apollo42’s instruction after reporting such misuse to Apollo42.
Article 10. Information Collection
1) Apollo42 can collect and use all chatting between members to provide service properly. Apollo42 will view such information purposes Apollo42 finds necessary. Such information will be kept only by Apollo42 and will not be disclosed to unauthorized third parties.
2) Apollo42 can collect and use members’ device settings and specifications to implement service, stabilize programs and improve service quality.
3) Apollo42 can request members to provide additional information for service improvement or marketing. Members can accept or reject such requests.
Article 11. Protection and Use of Personal Information
2) Based on service features, members’ nickname, picture and other personal information can be disclosed.
3) Except when authorities make a request according to applicable law, Apollo42 does not provide members personal information to a third party without their approval.
4) Apollo42 will be exempted from any loss caused by a personal information leakage which occurred because of members’ fault.
Article 12. Information Provision on Service
1) Apollo42 will provide terms and conditions clearly so that members understand them accurately when they start using the service without a mistake.
2) Apollo42 will make announcements on service system and line maintenance, changes on the terms and conditions, service change and operation, service update/change through its notification function, and members should check such announcements regularly. Apollo42 does not take any responsibility for damage caused to members as they don’t check notifications. However, if critical and clear damage to members is expected, Apollo42 may use a different method to make a notice.
3) For any of followings, Apollo42 may suspend or reject member’s request:
Article 13. Marketplace, payment, paid services
1) Apollo42 may display NFTs listings shared by the member or other content, data or information shared by the member on the marketplace.
2) NFTs must comply with policies of Apollo42 and applicable law.
3) Member may not offer or sell counterfeit or pirated NFTs, products or services through the marketplace.
4) Member grants Apollo42 a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, copy, publicly perform, make available, display, translate and create derivative works of any NFTs provided by the member on the marketplace.
5) Apollo42 may allow members to post content, including ratings and reviews, related to NFTs on the marketplace.
6) Apollo42 may receive fiat payments from members, and decide to use services of a third-party payment processor in accordance with their terms of service.
7) The member is solely responsible for determining, collecting, withholding, reporting and remitting applicable taxes, duties, fees, surcharges and additional charges for sales that result from purchase / sales transactions on the marketplace.
8) Apollo42 will charge members for any purchase / sales transaction made by the member on the marketplace 5%.
Article 14. Provision and Stop of Content
1) Basically, Apollo42 will provide service 24 hours a day and throughout the year so that members can use content according to terms and conditions.
2) Apollo42 can change or stop some or all of service for operation or planning reasons and will not take any responsibility for trouble caused by this. 3) Apollo42 can stop service if there is war, natural disaster, national emergency equivalent to them, situation uncontrollable for Apollo42, maintenance, repair of IT systems, communication failure, system transfer or other operation reasons. 4) Apollo42 can perform temporary/regular server maintenance as needed to provide content or services, and maintenance periods will be subject to Apollo42’s policy.
3) Apollo42 can terminate content if:
4) If some or all of the content is suspended or terminated, Apollo42 will give a 1-day notice to members via social networks. However, if service is suspended or terminated because of a situation where Apollo42 cannot give such notice, this will not apply.
5) Members cannot request Apollo42 for any compensation for service termination.
6) If Apollo42 stops mobile service according to Paragraph 4, members cannot request compensation.
Article 15. Provision of Information and Send of Advertisement
1) Apollo42 can provide advertisements on its service via social networks, service screen, website, e-mail, LMS/SMS, push notification. These will be sent only to those agreed to receive such advertisements. Members can choose not to receive advertisements anytime, and Apollo42 will not send advertisements to such members.
2) Apollo42 will not send advertisements to members who choose not to receive them according to Paragraph 1. However, if there is an unavoidable situation related to use of service, in spite of the member’s choice according to Paragraph 1, Apollo42 can send information to them.
Article 16. Management and Deletion of Posts
1) Apollo42 is not obliged to back up or keep content members registered/sent and communications among members. Members take sole responsibility for any loss caused by their posts and Apollo42 will not take any responsibility for that no matter what.
2) Apollo42 can delete, move or reject following materials and can prevent members who post such materials or messages from using service or unsubscribe them:
3) Members will take full responsibility for civil or criminal charges caused by posting materials that fall into above definitions.
Article 17. Ownership of Copyrights
1) Apollo42 owns copyrights and other intellectual property rights on Apollo42-designed content in the service.
2) Without prior approval, members cannot copy, transfer, publish, distribute, broadcast or use information of which intellectual property rights belong to Apollo42 or its subcontractors for commercial purposes, and cannot allow third parties to use it.
3) Members agree that Apollo42 can use communications including chatting messages, images, sound, and all materials uploaded or transferred by members (hereinafter ‘User Content’) according to following methods and conditions:
4) If Apollo42 finds materials posted or registered by members are in violation of these terms and conditions, Apollo42 can delete, transfer or reject them without prior notice.
5) Members whose legal interests have been violated by information in the board operated by Apollo42 can request Apollo42 to delete or counter such information. In this case, Apollo42 will take swift measures and give a notice to such members.
6) This article remains effective as long as Apollo42 provides service.
Article 18. Reasons to Limit Access to Service
1) Apollo42 can limit access to followings and will specify details in its operation policy:
2) Apollo42 can limit, stop or terminate member’s access to service for following activities. In this case, the member cannot request Apollo42 for refund and compensation for his/her loss:
3) If the member is found to be involved in activities described in Paragraph 2, Apollo42 can limit access to service for him/her, his/her group or his/her device.
4) Apollo42 can disclose the member involved in activities described in Paragraph 2 within the service or external service where he/she is using.
5) The member involved in activities described in Paragraph 2 will be responsible for loss to Apollo42 or other users.
Article 19. Process to Limit Access to Service
1) Considering the nature, severity, frequency, result and other factors of the violation, Apollo42 will stipulate the process to limit access to service in its operation policy.
2) If access to service is limited properly, Apollo42 will not compensate for the member’s loss caused by such measures.
3) If the member obtains NFTs, goods, items and other service information through unauthorized methods, Apollo42 can take necessary measures to limit access or confiscate items according to its operation policy.
Article 20. Access Limit as a Temporary Measure
1) Apollo42 can limit access to service until investigation on followings is completed:
2) Regarding Paragraph 1, if the member is found to be not involved in illegal activities, Apollo42 will extend his/her service period in proportion to the period he/she could not access service because of investigation. However, if the member is found to be an illegal user, this will not apply.
Article 21. Termination
1) The member can terminate these terms and conditions if:
2) If the member wants to terminate these terms and conditions according to Paragraph 1, he/she should set a reasonable period and request Apollo42 to allow him/her to use content or provide correct content. However, this does not apply when the member does not receive content during the period or Apollo42 announces content will not be provided in advance.
3) If the member violates these terms and conditions or applicable law, or deliberately damages Apollo42, Apollo42 can terminate these terms and conditions.
4) Apollo42 can terminate these terms and conditionsor limit access to service for a certain period if the member:
5) If Apollo42 terminates these terms and conditions according to this article, the member cannot use downloaded content and cannot receive a refund for his/her content, data communication fees.
6) Apollo42 can take necessary measures such as destruction of personal information for those who do not access service for one year in a row.
7) In spite of the above condition, Apollo42 can keep member’s personal information if a separate period is defined in other law, or the member makes a request.
Article 22. Compensation for Damage
1) Apollo42 does not take any responsibility for content and service-related damage caused to members. However, this does not apply when damage is caused because of Apollo42’s deliberate or critical mistake.
2) If Apollo42 makes a service agreement with a subcontractor and the member receives damage because of the subcontractor’s fault, the subcontractor will take responsibility for such damage.
Article 23. Apollo42’s Warranty and Immunity
1) Apollo42 is not responsible for damage caused by service.
2) If service becomes unavailable because of natural disaster, war, telecommunication Apollo42’s service termination and other uncontrollable events, Apollo42 will be immune from responsibility. Also, if service is unavailable or fails because of pre-noticed service facility maintenance, repair, checkup and other unavoidable events, as long as Apollo42 does not make deliberate or critical mistakes, it will be immune from responsibility.
3) Apollo42 does not take responsibility for problems caused by the member’s environment to use of content and service or other environments that Apollo42 is not responsible for.
4) If service is unavailable or fails because of pre-noticed service facility repair, replacement, regular checkup, construction or other unavoidable events, Apollo42 will not take responsibility for problems caused by such events.
5) Apollo42 will not take responsibility for service stop/failure caused by the member’s fault.
6) Apollo42 will not take responsibility for damage caused to members because of issues that Apollo42 is not responsible for.
7) Apollo42 does not guarantee the reliability, validity and legality of results provided by service and member information given by members, and will not take responsibility for the reliability, accuracy, completeness and quality of information, materials and facts posted or transferred by members.
8) Apollo42 does not take responsibility for system damage, NFTs, data or information loss caused by when the member at his/her discretion uses Apollo42’s service to download a certain program or access information.
9) Apollo42 does not take responsibility for damage caused as the member does not manage his/her device properly or allow a third party to use his/her device.
10) Apollo42 does not take responsibility for the reliability and accuracy of information, materials and facts posted by members or third parties on the board, and is not obliged to check members’ posts before they are registered or review members’ posts regularly.
11) Apollo42 is not obliged to be involved in conflict between members or between member and third party caused through service, including but not limited to purchases / sales made by the member in the marketplace, and is not responsible for damage caused by such conflict.
12) Apollo42 does not take responsibility for when the member does not obtain expected benefits from content and service and is not responsible for damage caused by member’s selection or use of service.
13) Apollo42 can limit service time for members according to applicable law and government policy and does not take responsibility for any problem caused by following such regulations.
Article 24. Resolution of Conflict
Apollo42 will explain how to give feedback or complaint in the service setting screen or service website for convenience of members. Apollo42 will take appropriate and swift measures for members’ feedback or complaint and announce results.
Article 25. Jurisdiction and Governing Law
These terms and conditions will be regulated and interpreted according to English law. Any lawsuit between member and Apollo42 will be resolved in the court specified in applicable law.
Article 26. Effective Date
These terms and conditions will become effective on February 25, 2022.
Last edited May 30, 2022