선미야클럽 (Sunmiya Club)

Terms and Conditions

Sunmiya Club is a digital art collection based project on Klaytn network. holders or buyers of Sunmiya Club's MIYA and SMILE MIYA are deemed to have agreed to use NFT of Sunmiya Club under the conditions set out below.Definition① "NFT" stands for Non Fungible Token, which means a non-fungible token that exists on a blockchain network.② "MIYA" and "SMILE MIYA" exist as separate digital art collections on Klaytn network in a form of NFT(Non Fungible Token)③ The term "digital art" means the overall work of art, design, graphics, images, etc. related to NFT based on the digital technology possessed by own under this terms of use.④ The term "secondary copywright work" means a creation prepared by translation, arrangement, transformation, adaptation, video production, or other means of the original work.⑤ The term "company" means FingerLabs which operates Sunmiya Club. Project Sunmiya Club NFTMIYA and SMILE MIYA are all Sunmiya Club NFT, and are all applied with same terms and conditions below.OwnershipWhen purchasing MIYA and SMILE MIYA of Sunmiya Club, the holder owns purchased NFT. Ownership transfer of NFT is made solely through smart contract on Klaytn network, and the company(FingerLabs, so called as followed) can not change, restrict, and seize the ownership of MIYA or SMILE MIYA that the holder owns.Copyright① Copyright attribution of digital arts

The user acknowledge and agree that the company owns all the intelllectual property rights regarding digital arts related to NFTs owned by the user. However, the user reserves the right to use digital arts related to NFT owned by the user under the following conditions.

② The use of digital arts

a. The right to create a secondary copyright works

- "NFT holders" (so-called "holder") who purchased MIYA and SMILE MIYA has the onwership of the work, but cannot create a secondary copyright works using the company's IP, and trademark rights, or works separately.

- If MIYA or SMILE MIYA is traded on NFT exchange, the holder may transfer or sell it to another person in accordance with the principle of exhaustion of rights (first sale principle) in which NFT holder cannot exercise its rights again. The holder who has acquired of MIYA and SMILE MIYA get applied only to the rights to the transfer of the entire production, and inability to produce a secondary copyright work is the same as the initial holder.

b. Intellectual property rights

All rights related to trademarks and intellectual property rights, including other NFTs and logos issued by the company, shall not be granted without limitation, in addition to the rights granted to "digital arts". In addition, each of the above rights is expressly reserved to the company.

c. Termination of the right to use.

Holders can exercise all rights held by holders according to the terms of use while holding MIYA and SMILE MIYA. All the rights of holders under these terms of use shall be terminated from the time the holder loses ownership due to the sale, transfer, gift, or any other disposition to MIYA or SMILE MIYA.

Cost and PaymentIn process of purchasing NFT, the user will incur costs on Klaytn network, not only NFT price, and the user will pay for it. Payment shall not be cancelled or refunded after the occurrence, and the user shall understand that the company has no control over the transactions and functions occurring on the Klaytn network and shall not be liable for any loss or damage caused by NFT transactions.RisksThe user agrees with the following items.① Holders agree to take all risks associated with NFT purchases adn transactions, including any change in the value of the purchased NFT.② Holders recognize that Sunmiya Club's NFT can be positively or negatively affected by price fluctuations, and the purchase of Sunmiya Club's MIYA or SMILE MIYA should not be considered as an investment, amd MIYA and SMILE MIYA is not recognized as legal securities and financial investment products under the Capital Market Act and the Financial Investment Business Act.③ Sunmiya Club NFT ownership is limited only to NFTs related to digital arts. Therefore, no information contained on the site (or any documents used in connection with Sunmiya Club) will be considered advice and suggestions for entering into an investment contract. Furthermore, nothing of this service shall be deemed to be a subscription for the purchase of shares, sercurities or other financial investment products. Sunmiya Club's NFT has not been registered or approved by any judicial regulator. Accordingly, it is entirely the user's responsibility to check whether the NFT and work of Sunmiya Club purchased by the user compy with the laws and regulations of the judicial jurisdiction where the user resides.④ Users recognize and agree to take risks related to software, hardware and Internet access, unauthorized access to users' wallet information due to third parties, and all risks related to blockchain and digital-based calls usage.⑤ NFT and blockchain have great volatility in asset prices and are based on decentralized technology that is out of one-way control, so regulations on this are unclear. New regulations can negatively affect blockchain technology, which can negatively affect the value of the user's MIYA and SMILE MIYA. Users understand all of these items and agree to take the risks that arise.⑥ Users are reponsible for any adverse effects caused by the interruption of Klaytn network or Klaytn platform or any other issues affecting it.⑦ All NFT transactions are done on Klaytn blockchain. Users are therefore fully reponsible for the security and management of Klaytn wallet (such as private key of the wallet) and for the verification of all transactions and transactions generated on this website. In addition, smart contracts regarding Sunmiya Club run on Klaytn network and cannot be cancelled, reversed, or restored.Change of Terms and Conditions① Company may change these terms and conditions at its discretion. This terms and conditions will be updated continuously on the website in the event of any changes, and terms and conditions may be changed at the discretion of the company.② Changes to terms and conditions shall be announced through the method of paragraph ① from 7 days before the application date to the day before the application date, specifying the application date and the reason for revision along with the current use conditions. However, in the event of a change in important regulations regarding the rights or obligations of users, the above method shall be announced 30 days before the application date. ③ If the user continues to access or use the website after terms and conditions update, users shall be deemed to have accepted the changed terms and conditions. If the user do not agree on the changed terms and conditions, users are not able to access or use the webiste.Applicable Laws and JurisdictionsThis terms and conditions (including but not limited to access and use of users' website, use of NFT, or services and goods provided through users' website) shall apply in accordance with the laws of Repulic of Korea. In addition, the designation of the competent court for disputes related to this condition of use shall be the competent court under the Civil Procedure Act.