Last Updated: Feb 26, 2024
Please review these Terms of Service (the: “Terms”) carefully, as they set forth legally binding terms and conditions between you and Universal Page B.V. that govern your access and/or use of the website located at https://universal.page (the: “Website”); the UP Smart Contracts (as defined below); the Platform (as defined below), including Intellectual Property Rights (as defined below), whether such access and/or use is via the Website or command line, Universal Profiles (as defined below), locally installed programs and/or Blockchain and/or (other) software and/or hardware devices.
By accessing and/or using the Service (as defined below), you and/or the User agree to these Terms on behalf of yourself and any entity you represent and you represent and warrant that you are not a Prohibited Person (as defined below) and/or that you are not residing in a Excluded Jurisdiction (as defined below) and that you have the right and authority to do so.
In these Terms, the following terms, always capitalised and used in both singular and plural, shall have the following meanings:
Account: means the user profile, which can be created by email or by Universal Profiles, that gives the User access to the Platform and the Service;
Agreement: means the agreement between the Parties for the use of the Service, to which these Terms apply;
Block: means a set of data or transactions that have been verified and appended to a Blockchain;
Blockchain: means a peer-to-peer distributed and public (or private/permissioned) immutable ledger that maintains a record of all transactions occurring on the ledger, such as but not limited to the LUKSO Blockchain, Bitcoin blockchain, Ethereum blockchain (ETH) and the Binance Smart Chain (BSC);
Botnet: means a set of software bots which operate independent and automatically;
Coin: means all fungible native crypto-assets, such as LUKSO (LYX), Bitcoin (BTC), Ethereum (ETH), and Binance Coin (BNB);
Crypto-asset: means a digital representation of value or a right that can be transferred or stored electronically using distributed ledger technology or similar technology, including Coins, Tokens, and NFT’s;
Documentation: means the documentation as accessible at the Website, including but not limited to “Universal Page Documentation”, as accessible at and “The Blog”, as accessible at ;
Drops: means the NFT marketplace for the primary sales of NFTs on the Platform, as accessible at ;
Excluded Jurisdiction: means the Crimea, Donetsk, Luhansk regions of Ukraine, Iran, North Korea, Syria, the People’s Republic of China and/or a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF’s listing of “High-risk and Other Monitored Jurisdictions” accessible at and/or a jurisdiction in which the Platform and/or Service would be subject of licensing;
EVM: means Ethereum Virtual Machine, as described on ;
Features: means the Platform’s current features, which can be updated by Universal Page at any time, as described in the Documentation and on the Website;
Gas Fees: means financing fees for the network of computers running the decentralised Blockchains to facilitate transactions;
Governmental: means any nation or government, any state or other political subdivision thereof, any entity that exercises legislative, executive, judicial or administrative functions of or pertaining to government, including but not limited to any governmental agency, regulator, agency, department, council, committee or agency and any court, tribunal or arbitrator(s) with competent jurisdiction and any self-regulatory organisation, as well as private entities exercising quasi-governmental, regulatory or judicial functions anywhere in the world;
Intellectual Property Rights: means all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights, patent rights, (rights to) trade secrets and know-how;
LUKSO Blockchain: means the Layer-1 blockchain network, which is built using the Ethereum EVM stack and which is compatible with other EVM based blockchains, including other platforms or protocols built on Ethereum, as described on ;
Marketplace: a set of UP Smart Contracts that enable the listing of NFTs for sale, coordinating offers made by Users, and facilitating the sale and transfer of sold NFTs;
NFTs: means Non-Fungible Tokens that each represent a unique asset like a piece of art, digital content, or media. A Non-Fungible Token can be thought of as an irrevocable digital certificate of ownership and authenticity for a given asset, whether digital or physical;
Parties: means the User and Universal Page;
Personal Data: means any personal data as meant by Section 4 paragraph 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Platform: means the platform which Universal Page makes available to the User through the Website, as described on the Website and in the Documentation;
Platform Fee: means a fee for providing the Platform to the User, which may be applicable to and deducted from sales on the Platform, as described on the Website;
Privacy Policy: means Universal Page’s privacy policy, as available on ;
Prohibited Person: any US Person, and a citizen, resident of, or person established or residing in any region, including Excluded Jurisdictions, where the sale, purchase, and/or obtaining of Crypto-assets and/or use of the Platform and/or Service is prohibited, or any entity, including, but not limited to, any company or partnership incorporated or organised in or under the laws of any region, including Excluded Jurisdictions, where the sale, purchase, and/or obtaining of Crypto-assets and/or use of the Platform and/or Service is prohibited;
Service: means the provision of the UP Smart Contracts, Marketplace, Drops, Staking, Website and (Features of) the Platform by Universal Page to the User under the Agreement, as described on the Website and in the Documentation;
Staking: means the process of “locking” Crypto-assets for a period of time as a way of earning rewards, which is (also) used in the proof-of-stake consensus mechanism for verifying Blockchain transactions;
Staking Rewards: means the rewards an User may obtain for Staking Crypto-assets;
Universal Page: means the private limited liability company established under the laws of the Netherlands, Universal Page B.V., registered with the Dutch Chamber of Commerce under registration number 91933323;
Universal Profiles: means the Universal Profile Browser Extension, which allows users to manage their digital identities and assets on the LUKSO blockchain;
UP Smart Contract: means computer code written based on various Blockchain standard and programming languages, which is used in the Service;
User: means the Party that concluded the Agreement with Universal Page for the use of the Service and which has registered an account with Universal Page;
US Person: means a citizen, resident of, or any person domiciled or resident in the United States of America, including the states, territories, or district of Columbia, or any entity, including, without limitation, any corporation or partnership incorporated or organised in or under the laws of the United States of America, any state or territory thereof, or the District of Columbia;
Token: means all fungible crypto-assets, which are not Coins;
Website: means the web pages accessible via , and all web pages underneath;
Wallet: means a digital wallet and/or seed phrase which can be used for the use of the Service and in which and/or with Blockchain compliant Crypto-assets can be stored.
The User will be prompted to accept the Terms before accessing the Platform to use the Platform and/or Services.
These Terms shall apply to the Agreement and the Service. Any conditions of the User, such as general conditions, do not apply and are expressly rejected.
These Terms have been prepared in English and contain Dutch legal terms (which are quoted in inverted commas: “...”). These Terms may have been translated into other languages. In case of a dispute, the English version shall have precedence and must always be interpreted in accordance with the laws of the Netherlands. Thereto, amongst others, in these Terms:
reference to any statute includes a reference to that statute as amended, extended or re-enacted and to any regulation, order, instrument or subordinate legislation under the relevant statute;
reference to the singular includes a reference to the plural and vice versa;
reference to “or” is not exclusive and “include” and “including” shall not be construed or read to be limiting;
reference to a law or regulation includes any amendment or modification to such law or regulation and any further rules issued thereunder or any law or regulation in replacement therefor;
references to a natural person or legal entity includes its successors or assigns, to the extent permitted under these Terms;
any rights of either Party may be exercised at any time and from time to time unless specified otherwise in these Terms;
reference to “written/in writing” in these Terms also refers to email communication, provided the identity of the sender and the integrity of the contents is adequately established;
reference to a section in these Terms shall be a reference to such section of the body of these Terms, and not to any attachment or other document, unless where explicitly provided otherwise;
specific references in (the body of) these Terms to other parts of these Terms shall be without prejudice to the full general applicability of any unreferenced provision or part thereof;
the headings of articles, sections, portions or paragraphs of these Terms are for ease of reference only and shall not affect the interpretation of the respective rights and obligations of the Parties and shall not form any part of these Terms for the purposes of construction; and
the wording of these Terms shall be decisive in interpreting the mutual rights and obligations of the Parties under these Terms.
The User represents and warrants not to be a Prohibited Person and not to be residing in a Excluded Jurisdiction, and to be legally competent and is allowed to conclude the Agreement. If the User is, or becomes, a Prohibited Person and/or becomes residing in a Excluded Jurisdiction the User must immediately cease using the Service.
The User also represents and warrants that access to and use of the Services is lawful in the country where the User resides in the manner in which the User accesses and uses the Services.
The User is responsible for compliance with these Terms.
The User warrants not to misuse the Service. This means, among other things, that the User:
does not commit or encourage a criminal offence;
Does not engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities;
Does not copy, reproduce, republish, (attempt to) reverse-engineer, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Service, except as expressly permitted by applicable laws;
does not transmit or distribute any virus, trojan, worm, logic bomb or other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
does not use Botnets, bots, scripts and/or other (automated) software to take advantage in or with the Service;
does not hack any aspect of the Website, Platform, Service, or other Users, damage data, or cause annoyance to other Users;
does not infringe upon any Intellectual Property Rights;
does not send unsolicited advertising or promotional material;
does not attempt to affect the performance or functionality of any computer facility of or accessible through the Service;
does not make any false, inaccurate, misleading or deceptive statements;
does not engage in fraudulent conduct or misuse or attempt to misuse the Service;
does not distribute content that violates any law;
does not violate any privacy rights;
does not pretend to be a user other than the User himself (when communicating with Universal Page);
does not violate any applicable laws or regulations;
does not engage in defamatory or libellous conduct towards any other person;
does not threaten or harass any other person;
does not publish or participate in obscene material;
does not publish, use or cause to be published or used any malicious code, script or data that may damage, disrupt or alter the Service;
does not engage in conduct deemed contrary to the spirit of the Service; and/or
does not act unlawful in any way whatsoever.
The User is prohibited from using the Platform and/or the Service through a network for anonymous communication. The usage of a Botnet is strictly prohibited. The usage of multiple Accounts by User can point to the use of a Botnet.
The User is fully responsible and liable for all actions the User performs using the Service.
Universal Page does not warrant any results, including but not limited with regard to any profits or losses on obtaining and/or holding Crypto-assets, or that Crypto-assets will have any particular value or any monetary value at all.
The User is fully responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use (parts of) the Service. The risk of loss, theft or damage to any information and/or assets, including but not limited to Crypto-assets, will at all times be borne by the User. In particular the User is responsible for the correct configuration, including but not limited to its hardware and Wallet and Account, as stated on the Website and the Documentation.
The User is strictly prohibited from (mis)using (programming) errors in the Service, Platform and/or Website and to (mis)use these errors for personal and/or commercial gain. The User is obliged to every detected (programming) error immediately to Universal Page via [email protected].
The User indemnifies Universal Page and holds Universal Page harmless against any and all claims (of third parties) relating to or resulting from a breach of section 3.4, 3.8 and 3.9.
Universal Page hereby grants the User, under the suspensive (in Dutch: “opschortende”) and rescinding (in Dutch: “ontbindende”) conditions of these Terms, the right to use the Service under the conditions of these Terms.
Universal Page shall make good faith efforts (in Dutch: “inspanningen te goeder trouw”) to allow the User to use the Service.
The User agrees that the Service is provided on an “as is” and “as available” basis. Universal Page does not warrant that the Service will be error-free, complete or up-to-date at all times. Universal Page does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet, on Blockchains, and/or as a result of viruses and/or faults and/or defects.
In order to be able to use the Service, the User needs to connect and/or import its Account.
The Service is still under development and may undergo significant changes over time. Universal Page may make changes to such Features and specifications, all of which may mean that the Service no longer meets User’s initial expectations. User agrees to that.
The Service may fail to secure the critical involvement and cooperation of key participants. Universal Page and/or the Service may face competition from other entities that have more capital or resources and offer a wider range of products and services that may outperform the Service. Universal Page and/or the Service may be subject to actions by private parties regarding Intellectual Property Rights and other contractual matters. (International) laws, regulations and/or rules applicable to technology industries, including but not limited to those relating to Blockchain technology, may affect or limit the design, implementation and operation of the Service.
By Staking your Crypto-assets you understand and agree that Universal Page has the authority to put your stakes Crypto-assets in smart contracts owned by third parties, and once this is done your staked Crypto-assets will no longer be held with Universal Page, and that Universal Page has no control over your Crypto-assets.
Some Blockchains require that a certain amount of staked Crypto-assets be locked (restricted from sale or transfer) for a period of time while Staking. You will need to request for your staked Crypto-assets to be unstaked before they can be sold or transferred. When you request to unstake, Universal Page will take Blockchain operations on your behalf to wind-down your Crypto-assets’ participation in the validation process of the relevant Blockchain protocol. These Blockchain operations may take up to 48 hours to complete, in addition to any applicable Blockchain protocol unstaking period. Depending on the Blockchain protocol, you may or may not receive Staking Rewards during the unstaking process. Expected unstaking periods are estimates only. The time it takes to withdraw Staking Rewards depends on the current Blockchain network congestion. The User can check the status of the withdrawal on the “withdrawal page” on the Website. Once an User requested withdrawal, the User will receive some portion of the Staking Rewards immediately. The rest of the Staking Rewards will become available after the Blockchain network’s withdrawal period. Once this period is over, the User will be able to claim the Staking Rewards. Universal Page will notify you when the unstaking process is complete.
Staking Rewards start accruing from the moment your Crypto-assets are staked in a smart contract. These Blockchain operations may take up to 48 hours to complete and, in addition, may be subject to delay, including due to congestion on the Blockchain’s network. Staking Rewards will accrue from day to day and will be calculated on the basis of, amongst other things, the number of days elapsed, the amount of Crypto-assets staked, the percentage of Staking Rewards (non-exhaustive).
The User has no right to a Staking Reward until it is received by Universal Page. Staking Rewards will be distributed to the User’s account promptly after they are received by Universal Page. Unless otherwise specified, the “staking rewards rate” disclosed by Universal Page for a particular Crypto-asset is an annualized historical rate based on the Staking Rewards generated by Universal Page in providing Staking services to Universal Page’s Users for that Crypto-asset, applicable Platform Fees. This rate is an estimate and changes over time. Universal Page does not guarantee that the User will receive Staking Rewards, any specific Staking Reward, or any Staking return over time, including Staking Rewards rates.
Universal Page does never guarantee that Staking Rewards will be distributed by the third parties controlling the smart contracts.
If Staking Rewards are distributed, these Staking Rewards will be distributed in a Crypto-asset, as stated on the Website.
Staking Rewards may be subject to Gas Fees and/or other fees.
Some Blockchains subject staked Crypto-assets to “slashing” if the transaction validator representing those Crypto-assets incorrectly validates a transaction. Universal Page will use commercially reasonable efforts to prevent any staked Crypto-asset from slashing. However, in the event they are, Universal Page will replace your Crypto-assets so long as such penalties are not a result of:
protocol-level failures caused by bugs, maintenance, upgrades, or general failure;
your acts or omissions;
acts or omissions of any third party service provider;
acts by a hacker or other malicious actor; or
any other events outside of Universal Page’s reasonable control.
Universal Page does not guarantee the security and/or functionality of any third-party (Blockchain) protocol, software or technology intended to be compatible with the Platform. Universal Page is not responsible for any losses of Crypto-assets due to the failure of third-party protocol, software or technology.
The registration of an Account and the use of the Service is in principle free of charge, without prejudice to the provisions of this section.
The User may use the Platform, for which Gas Fees may apply. User is responsible for paying the Gas Fees.
Universal Page offers to Users the “Universal Page PRO Pass”. This provides discounts on specific Platform Fees and unlocks extras. A maximum of 1,000 passes is available. More information about the pricing and the specific features of the Universal Page PRO Pass can be found at <>.
Users have the option to purchase their own “page name” as an NFT. This name will become the URL of the User’s customizable page, which is accessible via <https://universal.page/[Users’ customname]. More information about the pricing of these NFT’s can be found at the Website.
Universal Page is entitled to take a Platform Fee of 2.5% of any NFT sale on the secondary marketplace on the Platform, as stated on the Website. This Platform Fee is non-refundable and will be deducted from the sale price of the NFT.
Universal Page is entitled to take a Platform Fee of 7.0% of any primary NFT sale on Drops on the Platform, as stated on the Website. This Platform Fee is non-refundable and will be deducted from the sale price of the NFT.
Universal Page is entitled to take a Platform Fee of 8.0% of any Staking Rewards generated by the User through the Platform. This Platform Fee is non-refundable and will be deducted from the Staking Rewards earned by the User.
Royalty fees may be charged by the owner or creator of a NFT. The maximum amount of royalty fees that can be charged is 10.0%. When an NFT is listed for sale on the Platform, the royalties are clearly stated on the Website, along with the total listing price and any fees that may be deducted from the sale price of the NFT.
The risk and expense for using the (adequate) resources for the use of the Service, such as a mobile phone, internet connection, electricity, Account, Wallet, and the security thereof, et cetera, is borne by the User.
The User may have to pay Gas Fees to the Blockchain, to make use of several Features of the Service, including but not limited to the Feature to mint, buy and/or sell NFTs, and staking of Crypto-assets. User agrees that paying these Gas Fees are subject to fluctuating (price) changes and that paying these Gas Fees will be solely for the User’s expense.
The Service itself comprises open-source or source-available self-executing UP Smart Contracts and/or Smart Contracts that are or may be deployed on various public Blockchains, including but not limited to the LUKSO Blockchain. By using the Service the User understands that Universal Page does not control execution of the smart contracts and/or does not control any Blockchain. When the User pays Gas Fees, those fees accrue to miners, stakers, liquidity providers and/or validators on the specific Blockchain. Separate conditions may apply between the User and the concerning third party. Universal Page is not a party to that agreement. User acknowledges and accepts that Universal Page is not liable for any actions of such a third party.
Universal Page has no knowledge of and/or involvement in the actions or information carried out or made available by Users via the Service. If another User or a third party reports to Universal Page unlawful actions or information through use of the Service, and makes this plausible, Universal Page will restrict, remove or otherwise make inaccessible the actions or information in question according to the notice-and-takedown principle known in the industry. User acknowledges and accepts that Universal Page is not liable for restricting, removing or otherwise making inaccessible the relevant acts or information.
Universal Page expressly has no involvement in the contact made between Users and/or between User and third parties as a result of the Service nor in any agreements and/or contracts, resulting from this contact. Universal Page is not a party to any agreement between Users and/or User and third parties, unless otherwise agreed.
The Service may contain links to other applications, Blockchains, platforms, services or websites that are not managed by Universal Page. Universal Page has no control or authority over them, makes no warranties or representations in relation thereto and accepts no responsibility therefor or for any loss or damage that may arise from their use. The use of these applications, Blockchains, platforms, services or websites of third parties may be subject to terms of use or terms of service of the relevant third party. Universal Page is not a party thereto.
Universal Page integrated “Transak” as an on-ramp payment method within the Service. Transak may perform Know-Your-Customer (KYC) services. The User can, but is never obliged to use this third party service. More information about this service can be found at <>. Universal Page expressly has no involvement in the contact made between Users and Transak nor in any agreements and/or contracts, resulting from this contact. Universal Page is not a party to any agreement between Users and Transak.
By accessing and using the Service, the User represents that it is financially and technically competent enough to understand the inherent risks associated with using cryptographic and Blockchain-based systems, and that it has a working knowledge of the usage and intricacies of staking, market places, and Crypto-assets such as LUKSO (LYX), Bitcoin (BTC), Binance Coin (BNB), Ethereum (ETH), so-called stablecoins such as USD Coin (USDC), and other Coins, Tokens and/or NFTs.
The User understands that the markets for these Crypto-assets are nascent and highly volatile due to risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralised, and may be subject to panics and runs.
The User understands that (smart contract) transactions automatically execute and settle, and that Blockchain-based transactions are irreversible when confirmed. The User acknowledges and accepts that the Gas Fees and speed of transacting with cryptographic and Blockchain-based systems are variable and may increase dramatically at any time. The User further acknowledges and accepts the risk of selecting to trade in so-called “expert-modes”, which can expose the User to potentially significant price slippage and higher costs.
Blockchains can be subject to periodic congestion where transactions can be delayed or lost. Individuals may also intentionally spam Blockchains in an attempt to gain advantage in using the Service. The User acknowledges and understands that a Blockchain may not record the User’s transaction when the User wishes, or may not record the User’s transaction at all.
The source code underlying the (components of) the Service, Platform, UP Smart Contracts, Website, Crypto-assets, and/or the Blockchain may contain errors, bugs, defects or inconsistencies that could jeopardise the predictability, usability, functionality, stability and security. Universal Page makes no warranty that any errors will be identified or that the source code will be error-free. If the User observes such an error, the User’s sole and exclusive remedy is to report this to Universal Page. Universal Page may, at its sole discretion, replace the parts that contain an error or create a workaround.
In addition, changes or updates to the aforementioned source code or Blockchains may lead to unexpected or unintended results that could adversely affect the utility or functionality of the Service or related services. Changes in source code that constitute upgrades may be necessary in connection with the development of the Service or related services, and User’s failure to participate in such upgrades may result in the loss of some or all of the Service’s functionality.
Hackers or other malicious groups or organisations may attempt to disrupt the Service, or related services, in various ways, including, but not limited to, malware attacks, denial-of-service attacks, consensus-based attacks, Sybil attacks, smurfs and spoofing. In addition, because Blockchains and/or the Blockchain and the Service are based on open source software, there is a risk that Blockchain (smart contracts) may contain intentional or unintentional bugs or weaknesses that could negatively affect Service or result in the loss of the Crypto-assets of the User, the loss of the User's ability to access or control the User's Crypto-assets. In the event of such software error or weakness, there may be no remedy and the User cannot be guaranteed any remedy, refund or compensation.
Crypto-assets minted, bought and/or otherwise obtained by the User may be held by the User in the User's Account and/or Wallet, which requires a private key or combination of private keys for access. Accordingly, the loss of the required private key(s) associated with the User's Wallet and/or Account or Wallet and/or Account in which the Crypto-assets are stored will result in the loss of such Crypto-assets, access to the User's balance and/or any initial balances in Blockchains created by third parties. In addition, any third party who gains access to such private key(s), including by accessing credentials of a hosted Wallet that the User uses, may misuse the User's Crypto-assets. Universal Page is not responsible for such losses.
It is the User's responsibility to ensure that the address of the Wallet provided to Universal Page and/or third parties and/or connected to the Service can accept all types and categories of Crypto-assets, including but not limited to LUKSO Blockchain compliant tokens. Universal Page is not responsible if the Wallet provided by the User cannot accept Crypto-assets (distributed by Universal Page), the Service and/or third parties. The User assumes all responsibility with respect to the foregoing and Universal Page shall not be liable for the foregoing.
The Service and the matters set forth in the documents, including but not limited to the Documentation and other documentation sharing platforms, are new and untested. The Service may not be completed, implemented or (fully) executed. Even if the Service is completed, implemented or executed, it may not function as intended, and any Crypto-assets associated with it may not have functionality that is desirable or valuable. Technology changes quickly and the Service and Crypto-assets can become obsolete.
Universal Page and/or its suppliers reserve all rights not expressly granted to the User in these Terms.
The User acknowledges and agrees that, except as specifically set forth in these Terms, Universal Page and/or its suppliers retain all rights, title and interest, including the Intellectual Property Rights, in and to the Service as well as any modifications, adaptations or translations thereof. The User acknowledges and agrees that he/she does not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms.
The User is not permitted to sell, rent out, transfer, or grant restrictive rights to the Service or to make it available to third parties in any way or for any purpose. The User will also refrain from granting third parties access, remotely or otherwise, to the Service and/or information or to provide the Service and/or information to a third party.
The User is explicitly not allowed to download, reverse-engineer, copy, amend, or provide otherwise (parts of) the Service, other materials made available to the User by means of the Service, for direct or indirect commercial purposes or for any other purposes than the purposes mentioned in these Terms, unless Universal Page has provided its prior written consent thereto, or if mandatory or peremptory law states otherwise.
The User is also not allowed to make a back-up copy of the Service.
To the extent that open source software forms part of the Service, the licensing conditions of the relevant open source software may apply.
To the extent that third party software forms part of the Service, the licence terms of the relevant third party shall apply. The user can obtain such licence terms from the relevant parties.
Privacy
During the use of the Service, the User may provide Personal Data to Universal Page. If so, this Personal Data will be saved and processed in accordance with Universal Page’s Privacy Policy, and the applicable legislation with regard to the protection of Personal Data.
Universal Page is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to the User, if in the opinion of Universal Page this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure (in Dutch: “overmacht”). Force majeure includes, but is not limited to, unavailability of a Blockchain, consequences of Blockchain specific risks, site or building blockades, strikes, riots, civil disruption, war, terrorist acts, inclement weather, epidemics, pandemics, specific work interruptions, delay in transportation, earthquake, fire, storm, flood, or water damage, delay in or cancellation of the delivery to Universal Page of parts, goods or services ordered from third parties, or Governmental restrictions.
Universal Page shall not be responsible or liable to the User for any loss and assume no responsibility for, and shall not be liable to the User for any use of the Service, including but not limited to any loss, damage or claim arising out of: (i) user error, for example if the User forgets his password(s), incorrect transactions or mistyped addresses; (ii) server failure or data loss; (iii) corrupted (Wallet) files; (iv) loss of Crypto-assets; (v) failure of Staking; loss of Staking Rewards.
Universal Page’s liability for attributable failing (in Dutch: “toerekenbare tekortkoming”) in the performance of these Terms and/or the Agreement, or any other wrongful act (in Dutch: “onrechtmatige daad”) or otherwise, is excluded, insofar permitted by mandatory law.
If Universal Page is liable to the User for damage under mandatory law, Universal Page’s liability is limited to compensation for direct damage. Under no circumstances will Universal Page’s total liability for direct damage, on whatever legal basis, exceed EUR 500,- (five hundred euros), unless mandatory law states otherwise.
Direct damage is exclusively understood to mean:
material damage to property;
reasonable costs incurred to prevent or limit direct damage that could be expected as a result of the event on which the liability is based; and
reasonable costs incurred to determine the cause of the damage.
Liability of Universal Page for indirect damage (in Dutch: “indirecte schade”) is excluded. Indirect damage is understood to mean all damage not expressly designated as direct damage in the previous paragraph, including but not limited to damage as a result of Staking and/or a change in Staking Rewards, damage as a result of any change in legislation that adversely affects the User, damage as a result of the creation of hard/soft forks where separate Blocks arise, damage as a result of script hacking (whether or not by third parties), consequential damage (in Dutch: “indirecte schade”, “gevolgschade”), lost profits, lost savings, unrealised profits, losses with regard to Crypto-asset (prices), losses with regard to Staking Rewards, loss of (digital stored) information, or any other financial loss, reduced goodwill, damage due to business interruption, damage due to materials or software of third parties and damage due to mutilation, destruction or loss of data and/or documents.
The exclusions and limitations referred to in the previous paragraphs of this section do not apply if and insofar as the damage is the result of intent or gross negligence on the part of Universal Page or its management.
Unless compliance by Universal Page is permanently impossible, Universal Page is only liable for attributable failures (in Dutch: “toerekenbare tekortkomingen”) if the User gives Universal Page notice of default (in Dutch: “ingebrekestelling”) without delay, whereby a reasonable period is set for remedying the shortcoming, and Universal Page also after that period has attributably failed in the fulfilment of its obligations. The notice of default must contain a complete and detailed description of the failures, so that Universal Page is given the opportunity to respond adequately.
A condition for the exercise of any right of the User with regard to compensation is always that the User reports the damage to Universal Page in writing as soon as possible, but at the latest within thirty (30) days after the damage has arisen.
Any claim for compensation against Universal Page lapses by the mere lapse of three (3) months after the claim arose, unless the User has instituted a legal claim for compensation before the expiry of that period. This does not affect the User's obligation to complain.
The User agrees to defend, indemnify and hold Universal Page harmless from any and all third-party claim or damages (including reasonable attorneys’ fees) in connection with or resulting from the use that the User makes of the Service, a violation by the User of these Terms and/or the Agreement, and/or any unlawful activities, including but not limited to the breach of User warrants (section 3), Intellectual Property Rights (section 9), and/or privacy rights of Universal Page and/or third parties.
Any use of the Service under these Terms and/or the Agreement is entered into for an indefinite period.
In addition to the other remedies available to Universal Page, Universal Page is at all times, at its sole discretion, or if it deems such necessary, without prior written notice or explanation and without becoming liable to the User, entitled (but not always obliged) to:
take all reasonable measures in order to avert dangers regarding the Service, Universal Page and/or third parties;
take all reasonable measures in order to stop and/or mitigate (the effects of) a breach as described in section 3.4;
recover the damages caused by a breach, as described in section 3.4, from the User;
freezing of assets (in Dutch: “het bevriezen of van tegoeden”) within the Service, including but not limited to Staking Rewards, to be claimed by the User;
reversing of benefits (in Dutch: “het terugdraaien van voordelen”), including but limited to carrying out corrective transactions;
restrict, modify, adapt, (temporarily) take the Service out of use, restrict its use, and/or terminate it. If the User does not agree with the adjustments and/or changes made, their only option is to stop using the Service;
suspend (in Dutch: “opschorten”) or terminate (in Dutch: “beëindigen”) (temporarily or permanently) the right to access and use the Service and/or the right to claim Staking Rewards by means of the Service or to ban a User from the Service, in the event that Universal Page, at its sole discretion and without becoming liable for compensation of damages, deems such termination necessary. This includes, without limitation, the User’s alleged use of Botnets, scripts, (automated) software, due to changes in taxes, security, corporate or other (Governmental) laws, or if Universal Page determines in its sole discretion that specific Crypto-assets and/or the Staking Rewards constitutes a security or other form of financial instrument subject to regulation by a Governmental authority, the situation where the User does not (in time), in full or properly meet its obligations and/or warranties, or where the User fails to comply with these Terms and/or the Agreement;
(temporarily) restrict the User’s activities in connection with the Service and/or Crypto-assets and/or to ban a User from the Service.
Universal Page shall not be liable for any loss of Staking Rewards or (other) Crypto-assets suffered as a result of any action as mentioned in section 13.2.
Universal Page is authorised to rescind (in Dutch: “ontbinden”) the Agreement due to an attributable failure in the performance of the Agreement and/or these Terms if the User, without a notice of default being necessary, is attributable failing to fulfil its obligations under the Agreement and/or these Terms.
All provisions which are meant to survive the termination of the Agreement shall survive such termination.
Upon termination or rescission, in any way whatsoever, of the use of the Service under these Terms, the User’s right to access the Service and right to claim Staking Rewards shall cease to exist immediately, without any right to compensation whatsoever.
These Terms are exclusively governed under the laws of the Netherlands. Unless mandatory law provides otherwise, the laws of the Netherlands apply exclusively to the Agreement, the Terms and the Service. The Vienna Sales Convention does not apply.
The User and Universal Page will work together in good faith to resolve any dispute. If the Parties are unable to resolve a Dispute within ninety (90) days after all Parties have received written notice of such dispute, such dispute shall be finally settled by arbitration as defined in sections 14.3 and 14.4 below.
Any dispute shall be referred to and finally resolved by arbitration under the rules of the Stichting Geschillenoplossing Automatisering (SGOA) in effect at the time of the arbitration. The number of arbitrators is one (1), chosen by Universal Page. The seat, or legal place, of arbitration is The Hague (in Dutch: ‘’Den Haag’’). The language of instruction in the arbitration proceedings is Dutch. All documents to be supplied are in Dutch.
If the User is a consumer, or if a provisional or conservatory injunction is required, the User may initiate legal proceedings before the competent court. The competent court is the District Court in the District of Noord-Holland, location Haarlem, the Netherlands, unless mandatory law stipulates otherwise.
The User will not assign or otherwise transfer any of his/her rights and obligations under these Terms, without our prior written consent, but Universal Page may assign or transfer these Terms, in whole or in part, without restriction. Any assignment or transfer in violation of this section will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.
These Terms constitute the entire agreement between the User and Universal Page for your use of the Services.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, ineffective or unenforceable for any reason, the Parties will negotiate in good faith to amend these Terms to best achieve the Parties' original intent, in an acceptable manner so that the transactions contemplated hereby are carried out as fully as possible as originally contemplated.
Universal Page reserves the right to amend these Terms at any time. The User will be notified of any amendments by way of notification on the Platform and/or in the Service. The new version of the Terms will be available for viewing and downloading on the Platform and/or on the Website. If the User continues to use the Service after these Terms have been amended or supplemented, the User thereby irrevocably accepts the amended or supplemented Terms. If the User does not agree with the amended or supplemented Terms, User’s exclusive remedy is to no longer use the Service and to directly terminate the Agreement.
The legal status of Crypto-assets, Staking, and Blockchain technology is unclear or uncertain in many jurisdictions. It is difficult to predict how and if Governmental authorities will regulate such technologies. It is also difficult to predict how and if a Governmental authority could make changes to existing laws, regulations and/or rules that affect, amongst others but not limited to, Universal Page, Blockchains, the Website, the Platform, Crypto-assets, Staking, Staking Rewards, and the Service. Such changes can negatively affect the Service in several ways, for example by establishing that Crypto-assets are regulated financial instruments that require registration. Universal Page may suspend the Service, development of the Service or operations in any jurisdiction in the event that Governmental action makes it illegal or commercially undesirable to continue.
The industry in which Universal Page operates is new and may be subject to increased surveillance and control, including investigations or enforcement actions. There can be no assurance that Governmental authorities will not investigate Universal Page’s activities and/or take enforcement action against Universal Page. Such activities by Governmental authorities may or may not be the result of targeting Universal Page in particular. All of this could subject Universal Page to convictions, settlements, fines or penalties, or cause Universal Page to restructure its operations and operations or discontinue offering certain products or services, all of which could damage Universal Page’s reputation or lead to increased operational costs, which in turn have a material adverse effect on the Service and/or the development of the Service. The User acknowledges and accepts these options.
The User agrees and acknowledges that all agreements, notices, disclosures and other communications provided by Universal Page to the User under these Terms and/or in connection with the User’s use of the Service shall be made Universal Page in its sole discretion and may be provided to the User in electronic form at its discretion.
The Service may only be used and accessed for lawful purposes. You agree to abide by all applicable local, state, national, and foreign laws and regulations in connection with your use of the Service.
To ensure community safety and legal compliance, we retain the right to take action, including removing or limiting interaction with certain NFTs or restricting Service usage, if we determine you have breached these Terms or used our Service for illicit activities.
You agree not to violate any law, contract, intellectual property, or third-party rights. You are accountable for your actions and content related to the Service usage. This includes not impersonating another person or entity, refraining from using another user’s Account without permission, and not engaging in activities that might compromise the Service's integrity.
You acknowledge the importance of doing your own research when using the Service. You are responsible for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account you interact with using our Service. We make no assertions about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.
By using the Service, you understand and agree to the following:
If you are using the Service as a Creator for the purpose of creating and deploying NFTs, like by using Drops, you agree to adhere to the following terms:
Royalties: As a Creator, you are entitled to receive a specific percentage of sales revenue, known as the "Creator Royalty Fee", from subsequent sales of your NFTs by other Sellers. This fee is determined based on the rate set forth in the NFT smart contract.
NFT Content Ownership: All rights, titles, and interests in the digital art embodied within the NFTs remain exclusively yours. However, for the purpose of fulfilling Universal Page’s obligations, including the promotion and sale of NFTs, you grant us a worldwide, non-exclusive, royalty-free license to use the NFT Content.
Creator Obligations and Responsibilities: You are required to obtain all necessary rights in connection with the NFT Content for its use on Universal Page. This includes clearing rights for any music or other media used and managing costs and compliance associated with the NFTs and their benefits.
Promotion and Liability: While Universal Page may assist in promoting your NFTs, you agree to release Universal Page from any liability connected with these promotions. You acknowledge that these promotions are not sponsored, endorsed, or administered by Universal Page. This release includes any legal claims that might arise from the promotion.
Promotion Administration: You are solely responsible for the lawful operation of promotions, including the creation of official rules, adherence to eligibility requirements, and compliance with all applicable laws and regulations. This responsibility extends to any platform-specific terms and conditions related to promotion advertising.
Creator Warranties: You warrant that you have the authority to grant rights for the NFT Content under these Terms. You ensure that the NFT Content, NFTs, and their sale comply with all applicable laws and do not infringe on any third-party rights.
Taxes: You are solely responsible for determining, collecting, reporting, and paying all applicable Taxes related to your use of the Service.
Suspension or Termination: Universal Page reserves the right to suspend or terminate your access to the Services at any time for legal compliance, if requested by a governmental authority, or if we determine that you are violating these Terms.
If you have any questions or concerns about these Terms or the Service, please contact us at [email protected].