Terms & Conditions – Dogenmustard Cryptogoblins

Last Updated: 2 March 2024

Welcome to Dogenmustard Cryptogoblins, a NFT collectibles project using ERC1155 Smart Contracts. Dogenmustard is a product of Unimelabs Ltd, a Digital Art & Software studio incorporated in Singapore. Unimelabs uses specially-developed proprietary as well as open source integrations for the development of Digital Art-related Products.

Legally Binding Agreement

Please read these Terms of Use (“Terms”, “Terms of Use”, or “Agreement”) very carefully. This Agreement is between you (the “Member(s),” “User(s),” “Collector(s),” “Owner(s),” “Content Creator(s),” and collectively with others using the Site – “Users”) and Unimelabs, a company operating the Unime website(s) and platform that is organized under the laws of the Republic of Singapore (“Unime Labs”, “UnimeLabs”, “unimelabs.”, “Unime,” “unime.cc”, “the Company”, “we”, “our” or “us” and together with you, the “Parties”). These Terms govern your use of the website located at unimelabs.com, (the “Website”), and all related tools, AI systems, mobile applications, web applications, decentralized applications, applications and APIs located at the Website, including without limitation, successor website(s) or application(s) thereto (the “Platform”).

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE OR PLATFORM. BY ACCESSING OR USING THE SITE, SERVICES, OR APPLICATIONS YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING, USING, OR TRANSACTING ON THE SITE OR PLATFORM. YOU MAY NOT ACCESS OR USE THE PLATFORM OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE PLATFORM. THESE TERMS SHALL BE EFFECTIVE AS OF THE DATE OF YOUR FIRST USE OF THE PLATFORM (“EFFECTIVE DATE”).

*THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.**

Privacy Policy

The Company’s Privacy Policy can be found at Unimelabs Privacy Policy, and describes the ways it may collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

*The Platform**

*Accessing the Platform**

To access and use the Platform, you should first install the Firefox, Google Chrome or Brave web browser. Once you have installed Chrome or Brave, you will need to create a membership account, which allows you to purchase, store, and engage in transactions using your preferred payment method. You will not be able to engage in any transactions on the Platform other than through the payment gateway selected by Unimelabs. The Platform will only recognize you as a User (“member”), and you will only be able to interact with the Platform, if you are logged in to your account. To register as a user, you will need to provide a username, and your email address

*Transactions Are Recorded By Unimelabs**

Transactions that take place on the Platform are managed and confirmed via the transaction record. The User understands that transaction records are recorded by Unimelabs as required to the extent of the law. The User understands that you are responsible for maintaining your transaction records. We neither own nor control Digital Wallets, API’s, Google Chrome, Brave browser, the network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

*The Platform is Property of Unimelabs**

You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Platform (collectively, the Dogenmustard Materials”) are owned by Unimelabs, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Dogenmustard Materials are the copyrighted property of Unimelabs or its licensors, and all trademarks, service marks, and trade names contained in the Dogenmustard Materials are proprietary to Unimelabs or its licensors. Except as expressly set forth herein, or as stipulated in the Ownership & IP, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the Dogenmustard Materials not expressly granted to you in the Terms.

*Dogenmustard Items**

All Work (“Art” or “Work(s)”) on the Platform is represented by its unique metadata, exclusively generated on the Dogenmustard paltform, by Unimelabs. Each Item (“Item(s)”, “asset(s)”, “sprite(s)”, “object(s)”, “token(s)”) is generated using the Dogenmustard applications, based on original Work. Dogenmustard membership tokens, Dogenmustard Items are tracked and stored on the Dogenmustard platform.

*Unimelabs is a Non-Custodial Service Provider**

The platform and the Website facilitate User collection of Dogenmustard Items, but Unimelabs and its affiliates, the Platform, and the applications are not the custodians of any User-owned Dogenmustard Items. The User understands and acknowledges that the applications do not give Unimelabs custody, possession, or control of any Dogenmustard Items at any time for the purpose of facilitating transactions. You affirm that you are aware and acknowledge that Unimelabs is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Unimelabs or any third-party.

*User Account and Security**

*User is Responsible for Account Security**

You are solely responsible for the security of your account and your digital wallet. You agree to undertake to maintain at all times adequate security and control of all of your Account details, passwords, personal identification numbers or any other codes that you use to access the Platform or the Services.

*User May Not Use the Platform for Illegal Activity**

You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any third party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person (via the use of an email address or otherwise); (iv) operate to defraud Unimelabs, other users, or any other person or provide false, inaccurate or misleading information; (v) use the Platform to violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; (vi) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (vii) interfere with another individual’s or entity’s access to or use of the Platform; (viii) harvest or otherwise collect information from the Platform about others without proper consent; (ix) exploit the Platform for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Platform; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it; (xii) reformat or frame any portion of the Platform; (xiii) display any content on the Platform that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xiv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its users for any unauthorized purpose; (xv) create user accounts by automated means or under false or fraudulent pretenses; or (xvi) access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.

*User Must Be of Age**

You affirm that you are over the age of 18, as the Platform is not intended for children under 18. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE PLATFORM, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

*The Dogenmustard Platform**

The Dogenmustard Platform facilitates a peer-to-peer digital marketplace where Users can purchase Dogenmustard Items. Users can obtain Dogenmustard Items by purchasing at an established list price through the Website by sending an equivalent amount of funds to an application configured to initiate a transfer of the Dogenmustard Item, plus additional fees and gas.

*Dogenmustard** **Platform Prices & Fees**

Every transaction on the Dogenmustard Platform is subject to Fees collected to support the creators, Dogenmustard Platform and Unimelabs. The amount of Fees for the sale of a Dogenmustard Item also depends on whether the transaction involves the Dogenmustard Item’s first sale (“Primary Sale”) or a subsequent sale in the secondary market (“Secondary Market Sale”). All Fees are collected and distributed at the time of the purchase of a Dogenmustard Item by operation of the applications.

*Primary Sales**

Unimelabs receives 100% of the total Sale Price for Primary Sales.

*Secondary Market Sale**

Unimelabs receives a 5% Royalty based on the total Sale Price for Secondary Market Sales paid by the Collector who sells the Dogenmustard Item. The Royalty is deducted from the total Sale Price at the time of the purchase by operation of the applications. For example, a Collector selling a Dogenmustard Item for 200 USD on the Secondary Market will receive only 190 USD, with Unimelabs receiving the remaining 10 USD as a Royalty. *Users Agree to the Automated Collection and Disbursement of Fees by the applications**

The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the applications on the Dogenmustard Platform. By transacting on the platform and by using the applications, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Items on the Dogenmustard Platform. The User hereby consents to and agrees to be bound by the applications’ execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the applications. Users Consent to Automated Royalties to Unime.

The User consents to the automated collection and disbursement to Unimelabs of royalties for Secondary Market sales of Dogenmustard Items. The User hereby waives any first sale defense or argument with respect to Secondary Market activities resulting in a royalty to Unime.

Off Market Transactions.

Unimelabs does not generally collect any fees, commissions, or royalties for transactions occurring outside of the Dogenmustard Platform and not involving the Dogenmustard applications. The User is permitted to sell or transfer their Dogenmustard Items on third party exchanges, however the User hereby waives any entitlement to royalties, commissions, or fees for off market transactions. The User irrevocably releases, acquits, and forever discharges Unimelabs and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any off-market transaction.

Fees

All User transactions on the Dogenmustard Platform, including without limitation Generating, Minting, tokenizing, purchasing, or confirming, are facilitated by applications existing on the network. The network requires the payment of a transaction fee for every transaction that occurs on the network, and thus every transaction occurring on the Dogenmustard Platform. The value of Fee may be subject to changes\, and is entirely outside of the control of Unimelabs or the Dogenmustard Platform. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Network Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that fees are non-refundable under all circumstances.

Taxes

Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of any Works).

Platform Transactions are Executed by applications.

To initiate a transaction on the Dogenmustard Platform, a User must voluntarily invoke one or more application operations from a digital Wallet. All transactions on the Dogenmustard Platform, including but not limited to transfers, listings, sales, or purchases of Dogenmustard Items are initiated though one or more applications at the sole discretion and at the complete risk of the Users. The applications are configured to facilitate the execution of a voluntary User confirmation to purchase a Dogenmustard Item. The User acknowledges the risk of applications and agrees to be bound by the outcome of any application operation by invoking, calling, requesting, or otherwise engaging with the application, whether or not the application behaves as the User expects.

Users hereby acknowledge and assume the risk of initiating, interacting with, participating in Platform transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the applications, the Website, or other Platform features behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using new technologies, the Website, and in initiating transactions.

No Attacking or Interfering with the applications.

Users are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any Dogenmustard application. Operations performed by a User that are technically permitted by a Dogenmustard application may nevertheless be a violation of our Terms of Service and the law.

Unimelabs Makes No Representations or Warranties.

Unimelabs makes no representations or warranties, express or implied, written or oral, made by or on behalf of Unimelabs in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Dogenmustard Item or work, application code, or software. Unimelabs is Not Liable for the Outcome of Any Marketplace Transaction.

Unimelabs shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Platform transaction, whether or not Unimelabs has been advised or knew of the possibility of such damages. Unimelabs liability for damages under this Agreement shall in all cases be limited to, and under no circumstances shall exceed, the amount of proceeds actually received by Unimelabs arising out of the damage after deducting all costs, fees and liabilities incurred by or on behalf of Unimelabs.

Unimelabs May Modify these Terms and the Applications.

Unimelabs reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms and the applications accessible through the Website from time to time.

The Platform applications Are Not Controlled By Unimelabs.

All Platform transactions are executed by one or more applications processed on the payment network and not under any direct control by Unimelabs, or its affiliates. The User acknowledges and agrees that Dogenmustard and Unimelabs are not parties to any agreement or transaction between any Users involving the purchase, sale, or transfer of Dogenmustard Items, whether or not a commission or fee is received by Unimelabs as a consequence of the transaction.

Ownership

For Terms of Ownership and IP please refer to our Ownership & IP policy

The Limited License Belongs Only to the Current Owner of a Dogenmustard Item.

The User agrees and acknowledges that the lawful ownership, possession, and title to a Dogenmustard Item is a necessary and sufficient condition precedent to receive the limited license rights to the underlying Work provided by these Terms. Any subsequent transfer, dispossession, burning, or other relinquishment of a Dogenmustard Item will immediately terminate the former Owner’s rights and interest in the license or Dogenmustard Item as provided by these Terms.

Unimelabs Rights and Restrictions.

Unimelabs owns all legal right, title, and interest in all intellectual property rights to creative Works underlying Unimelabs Items Minted on the Dogenmustard Platform, including but not limited to copyrights and trademarks. As the copyright owner, Unimelabs enjoys several exclusive rights to the Work, including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display or perform the Work.

Disclaimers and Limitations on Our Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNIMELABS AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Unimelabs Makes No Representations or Warranties.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, Unimelabs AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR ABOUT PRODUCTS, THE VALUE OR TITLE OF DOGENMUSTARD ITEMS, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR INTEGRATED WITH THE WEBSITE. Unimelabs AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR CONSUMPTION OF ANY PRODUCTS; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY; (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED THROUGH THE WEBSITE OR SERVICES; OR (G) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE TERMS.

Limitation on Liability

TO THE EXTENT PERMITTED BY LAW, Unimelabs AND ITS AFFILIATES 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 Unimelabs AND ITS AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE TOTAL AMOUNT YOU PAID IN FEES ON THE PLATFORM OVER THE PAST TWELVE (12) MONTHS.

Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent Unimelabs may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of Unimelabs’s liability will be the minimum permitted by applicable law.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE PLATFORM OR ANY 3RD PARTY APPLICATION, API, INTEGRATION, PAYMENT GATEWAY, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED APPLICATIONS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED DIGITAL WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, NETWORK, OR ANY COMPATIBLE BROWSER OR ELECTRONIC WALLET.

Unimelabs is Not Responsible for Technical Errors on Any Network.

UNIMELABS IS NOT RESPONSIBLE FOR LOSSES DUE TO NETWORK OR ANY OTHER FEATURES OF AN APPLICATION, PROGRAM, WEB TOOL, OR 3RD PARTY APPLICATION, PROGRAM, WEB TOOL, ALGORITHM, BROWSER OR ELECONTRIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH 3RD PARTY APPLICATIONS SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

The User Acknowledges the Risks of the Platform.

You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. This warning and others provided in this Agreement by Unimelabs in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold Unimelabs accountable for any related losses. Unimelabs will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.

User Acknowledges Financial Risk of Digital Assets.

Use of the Platform, including the creating, buying or selling trading digital assets, may carry financial risk. Digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Platform are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Platform at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction conducted via the Platform or any underlying digital asset. You accept all consequences of using the Platform, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Platform for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice.

Arbitration Agreement & Waiver of Certain Rights, Including Class Actions.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN SIAC (SINGAPORE INTERNATIONAL ARBITRATION CENTRE) RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR UNIMELABS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

You Agree to Waive a Jury Trial.

*YOU AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF THROUGH COURT PROCEEDINGS. YOU WAIVE YOUR RIGHT TO ANY JURY TRIAL OF ANY CLAIM**. All controversies, claims, counterclaims, or other disputes arising between you and Unimelabs relating to these Terms, the Website, or any DogenmustardItems shall be submitted for binding arbitration under the Rules of the Singapore International Arbitration Centre (“*SIAC Rules*”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities, regulatory authorities, or other governmental agencies.

This arbitration agreement does not preclude you or Unimelabs from seeking action by federal, state, or local government agencies. You and Unimelabs may also bring qualifying claims in small claims court. In addition, you and Unimelabs retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Arbitration Costs

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Unimelabs will pay as much of the administrative costs and arbitrator fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Class Action Waiver

*YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A CLASS MEMBER OF ANY CLASS CLAIMANTS WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS.** You may only bring individual claims, and the arbitrator may only decide individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

Miscellaneous Terms

These Terms May Change

These Terms may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Website with the “Last Revised” date at the top of the Agreement changed. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Platform by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. If you do not agree to the Agreement in effect when you access or use the Platform, we may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links). The applications May Change

The User acknowledges that Unimelabs may modify, change, amend, or replace one or more of the applications from time to time. The User agrees that a modification to one or more of the applications does not alter any right or obligation conferred by these Terms.

Indemnification

You agree to indemnify and hold harmless Unimelabs and its affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you, a co-conspirator, or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Severability

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

No Assignment of the Terms.

Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that Unimelabs may assign this Agreement without your prior consent to any of Unimelabs affiliates, or to its successors in interest of any business associated with the services provided by Unimelabs. This Agreement shall be binding upon the permitted assigns or transferees of each party.

Governing Law and Jurisdiction.

These Terms will be governed by and construed under the laws of the Republic of Singapore, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms, the Website, or Dogenmustard Items will be filed only in the state or federal courts in Singapore. You consent and submit to the personal jurisdiction of such courts for any such action. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.