Terms of Use
Our Terms of Use
Last Updated: Feb 22, 2024
("Billion Gems", "Company", "we", "our") is a minting application on Telegram operating on the Open Network (TON) blockchain.
Any individual or legal entity using the Billion Gems Platform/Services (as defined below) may be referred to in this Agreement as "User", "you", "your".
These terms of use ("Terms") constitute a contract between you and Billion Gems and govern access to our website https://billiongems.io ("Website", "Platform"), our software, content, special tools, technologies, products, or functionality of our Platform, including, but not limited to, processes of creation, purchase, sale, trading of digital assets ("Service").
Billion Gems provides Services solely to ensure that Users have a technical solution for creating, purchasing, selling, and trading digital assets and never participates in any transactions unless otherwise specified.
All digital assets displayed on the Platform and offered for purchase or trading are offered to you by other Users unless otherwise specified.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR PLATFORM OR SERVICES, AS THEY AFFECT YOUR RIGHTS. BY ACCEPTING THESE TERMS ELECTRONICALLY (E.G., BY CLICKING "I AGREE" OR SIMILAR WORDS), ACCESSING OUR PLATFORM, LOGGING INTO YOUR DIGITAL WALLET ON THE PLATFORM, OR OTHERWISE INTERACTING WITH OUR PLATFORM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL DOCUMENTS OR POLICIES REFERENCED HEREIN. YOU MAY NOT ACCEPT THESE TERMS IN PART. IF YOU DO NOT AGREE WITH ALL OR PART OF THESE TERMS, YOU SHOULD NOT USE OUR PLATFORM OR SERVICES.
We reserve the right to update these Terms at any time and without prior notice at our sole discretion. By continuing to use our platform or Services (in any form mentioned in these Terms), you agree to the revised Terms on the same terms as you accepted them initially.
1. SERVICE DESCRIPTION
The Billion Gems service allows users to create, purchase, sell, and trade non-fungible tokens ("NFTs") using smart contracts.
Billion Gems acts as an intermediary between Platform users and cannot be considered a party to any contracts entered into by users. Relationships between users are governed by separate agreements.
You may not make any claims against us regarding products purchased on the Billion Gems platform. We are not responsible for the legality, authenticity, or other characteristics of any product listed, created, traded, or sold on our platform. All transactions and operations are conducted by users at their own risk.
You agree that Billion Gems is not obligated to participate in any processes (in accordance with any laws and judicial procedures) that may arise between platform users or between users and any third parties (including government entities).
Billion Gems is not responsible for the availability of any content, products, services, offers, goods, or assets presented on the platform.
Billion Gems will not be liable for the non-support of its services or platform's availability, as well as for any losses or damages incurred as a result of such malfunction.
2. WHO CAN USE OUR PLATFORM AND SERVICES
You may only use our services if you agree to all of Billion Gems' terms.
You are prohibited from using or accessing our services/platform if you are under 18 years of age or the age required by applicable law to enter into binding contracts.
You may be required to undergo appropriate KYC/AML verification to access our services/platform or to complete certain transactions.
Users are solely responsible for complying with all laws applicable to them.
You warrant that you are not in any restricted jurisdiction subject to applicable sanctions that would prevent Billion Gems from providing you access to the services. Your location is determined by your physical location at the time of accessing our services/platform.
3. ACCESS TO THE PLATFORM AND SERVICES
You can start using our Platform and Services using your existing TON wallet, Tonkeeper, or any other authorized wallet ("Wallet"), by connecting them through the TON Connect browser extension to our website.
Certain types of transactions may be completed without connecting your Wallet to our website.
When logging in with your Wallet to the Platform, please note that this occurs using third-party services, and we cannot guarantee your security or our responsibility for any damage or loss that may occur as a result of such interaction.
We do not have access to your Wallet or its contents (crypto, NFTs, etc.).
By using our Services, you warrant that you fully accept and understand the following rules:
- You will not provide access to the Wallet that has been connected to the Platform, or to any associated data (especially if it may lead to any transactions), to any third party unless explicitly permitted by us;
- You are fully responsible for all actions related to your Wallet on our Platform, even if they are performed by third parties.
- To avoid additional risks, avoid using any technical options that allow saving your password/recovery phrases or may lead to unauthorized access to your Wallet (e.g., browser autofill, saved passwords, etc.). You should log out after each session on our Platform from any device. If you fail to comply with these requirements, Billion Gems will be released from liability, regardless of any other conditions applicable in this case.
- You are fully responsible for the security of your Wallet connected to the Platform, including any unauthorized transactions;
- You are aware that Billion Gems charges fees for its Services. Each transaction you make on the Platform automatically includes all applicable fees/royalties. You will not be allowed to conduct any transactions if you are unable to pay the applicable fees/royalties;
- For certain transactions, Billion Gems may require authorization of a certain amount of funds before proceeding with any further activity;
Above, you have read our Disclaimer on security and agree to it by accepting the terms of the agreement.
To be able to purchase, list, or create Products on the Platform, you may need to allow Billion Gems to pre-authorize funds for certain types of transactions.
Billion Gems reserves the right, at any time and at its sole discretion, to immediately suspend/block/freeze/cancel access to our Platform/Services for any User at any time and without further explanation.
We reserve the right, at any time and at our sole discretion, to freeze/block your Products listed and/or issued on the Platform for the necessary period.
We reserve the right to request additional documents to verify your identity and conduct any additional checks at any time.
4. MINTING
To have the ability to create NFTs using Billion Gems, you first need to create your Collection.
The Collection page may include: title, description, links to your social media profiles, and any other permitted information. You must also upload a banner, Collection avatar, and set the royalty percentage you would like to receive for each sale of your NFT.
After launching your Collection, you can start minting NFTs.
Billion Gems reserves the right to restrict or block access to minting services on the Platform for all or some users at any time and without notice.
To create an NFT, the user must upload an image, add a title and description, select the Collection to which this NFT belongs, submit a minting request, and pay the required fees. If done correctly, the NFT will be minted and added to the chosen collection.
We cannot guarantee the successful completion of minting processes or provide any timeframe for completion.
Billion Gems charges fees for minting NFTs on the Billion Gems Platform only to cover the costs associated with working with TON and NFTs. Billion Gems does not retain any of these fees.
The user warrants that they will not mint objects (including, but not limited to, images, artworks, and any other content that can be minted using Billion Gems Platform/Services) or any of their components using Billion Gems Platform/Services if they do not have the legal right to do so and have not obtained all applicable rights and permissions.
The user warrants that the display, trading, sale, or any other use of any NFTs minted using Billion Gems Platform/Services or only listed for sale on the Billion Gems Platform does not infringe upon the rights of third parties or any other agreements.
Digital assets created using Billion Gems Platform/Services through minting processes can only verify ownership of NFTs as unique digital tokens, but will never verify ownership of the content associated with such NFT. Copyright can never be transferred along with a digital asset via NFT.
5. TERMS OF SALE
Billion Gems is not responsible for any Products listed, sold, exchanged, or created by Users on the Platform. We have no legal or any other means of verifying and ensuring the legality, authenticity, or any other qualities of any Product displayed on the Platform.
All transactions on Billion Gems are conducted using smart contracts based on the TON blockchain.
You agree and understand all the risks associated with blockchain operations, and fully understand that we do not control any transactions on the blockchain. All transactions made by Users are at their own discretion and at their own risk.
The User agrees and understands that when purchasing space/cells on the Platform, they only receive a unique position in the ranking and a cell in the Billionverse common space, which is not tied to any content. When purchasing a place in the ranking and cells in the Billionverse common space, the User does not acquire any underlying intellectual property rights to the content or any intellectual property rights therein. The User has no legal ownership, rights, or title to any copyrights, trademarks, or other intellectual property rights associated with such content.
After purchasing a place in the ranking and cells in the Billionverse common space, information about the transfer of ownership rights will be recorded on the blockchain, and you will be able to view this data directly on the Billion Gems website in the respective sections.
By continuing any transaction, the User agrees to pay all applicable fees and royalties.
Products listed on the Platform are available for purchase at the specified price.
All transactions are final. We do not provide refunds for any Products or for any fees and royalties charged under any circumstances.
We reserve the right to cancel any transaction if you do not have sufficient funds in the linked wallet to complete such a transaction.
Billion Gems never participates in the transfer of Products and cannot be deemed a party to any agreement between the Buyer and the Seller.
Billion Gems is not responsible for any losses or damages that may be caused by errors or failures of the Platform/Services.
6. BIDDING
Billion Gems provides you with the opportunity to participate in the bidding for a place in the Billion Mania ranking.
The winner of the bidding is the participant who offers the highest price for the place.
7. GENERAL BIDDING RULES
You may set any starting price, but the profit from the sale must be sufficient to cover all applicable fees.
You determine the duration of the bidding, which can range from one to fourteen days.
The seller may accept any bid (even if it has not reached the reserve price) as the winning bid. In this case, the User will be considered the winner of the bidding and will be obligated to pay.
All bids are irrevocable and must be pre-authorized. By placing a bid, you authorize Billion Gems to block the amount of funds in your wallet that will be sufficient to cover your bid and any additional applicable expenses.
You agree that you cannot cancel or interrupt any payments in the event of winning the bidding.
Billion Gems never participates in the transfer of Products and cannot be deemed a party to any agreement between the Buyer and the Seller.
Billion Gems is not responsible for any losses or damages that may be caused by errors or failures of the Platform/Services.
8. TAXES
Users are responsible for paying any taxes applicable to their transactions, as well as for the economic results of these transactions. Billion Gems is not obligated to provide users with any assistance in tax matters.
9. FEES AND ROYALTIES
By conducting any transactions with Billion Gems, you agree to pay all applicable fees and royalties and authorize Billion Gems to automatically withhold or include them in payments.
Billion Gems charges you:
- Account Setup Fee. - Transaction fee ("Gas Fee") / Network fee for any transaction or interaction with a smart contract on the blockchain;
- Service fee, which depends on the type of transaction on the platform;
- Royalties for the creator of NFTs, which are set by the person who originally created the NFT and can range from 0 to 50% of the sale price.
Due to the specifics of the TON operational processes, it is not possible to display the exact amount of all applicable fees before the transaction is completed. You always need to have a fixed amount of TON determined by Billion Gems in your wallet to cover the gas fee. After the transaction is completed, we will return any unused amount to you.
Any information about fees and royalties in this paragraph is approximate, cannot be considered an offer, and may change depending on circumstances.
Billion Gems reserves the right to change, at any time and at its own discretion, the size of fees and their quantity.
10. PRIVACY POLICY
Before proceeding to use, you must review and agree to our Privacy Policy here (Privacy Policy billion). If you start using our platform without reviewing and accepting all the rules, it is considered that you agree to all the rules and conditions of Billion Gems.
11. USER LICENSE
By complying with these Terms, we grant you a limited, personal, non-transferable, non-exclusive, revocable license to access our Services. Your use of our Services does not grant you any rights to any intellectual property that is part of our Services or the content you access.
12. COPYRIGHT NOTICE
Except as stated by us, all content displayed on our Platform, including but not limited to data, information, software, the name Billion Gems, logo, and trademarks, are the intellectual property of our Company, and any use of it, in whole or in part, without the written permission of Billion Gems is strictly prohibited.
Unless expressly authorized by us, you agree not to copy, frame, modify, scrape, rent, lease, sell, distribute, or create derivative works based on the Platform or the content of the Services, in whole or in part.
You may not reference Billion Gems (website, data, etc.) to make false claims that you are in any way associated with the Company.
13. OUR LICENSE AND OUR PARTNERS
You grant Billion Gems and our Partners a perpetual, non-exclusive, worldwide, sublicensable, royalty-free, transferable license to display, distribute, and use your content for the following purposes:
- Displaying your Products, offering them for sale or exchange, whether they were created using our Services or simply listed on our Platform;
- Using any information you upload to our Platform or provide to us directly or indirectly for marketing, research, or any other purposes.
14. THIRD-PARTY RESOURCES
The Platform may contain links to external resources over which we have no control. Interacting with such resources is at the User's own risk, and we are not responsible for any data, services, content, or their availability, as well as for any damage or loss that may arise from such interaction.
15. TERMINATION
Billion Gems reserves the right, at its sole discretion, to suspend/block/freeze/cancel access to our Platform and/or Services at any time without prior notice or explanation for any reason or without it. You agree that Billion Gems shall not be liable for any losses or damages that may arise from such actions.
16. DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED INFORMATION ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. FURTHERMORE, BILLION GEMS HEREBY DISCLAIMS ALL LIABILITY RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY RELATED INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF OUR SERVICES/PLATFORM IS AT YOUR OWN RISK.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES AND DISCLAIM RESPONSIBILITY FOR ANY USE OF NFTs AND DIGITAL CONTENT, CONTENT, OR NFT-RELATED, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM:
- USER ERRORS, INCORRECTLY FORMULATED TRANSACTIONS, OR MIS-TYPED ADDRESSES;
- SERVER FAILURE OR DATA LOSS;
- UNAUTHORIZED ACCESS OR USE;
- ANY UNAUTHORIZED ACTIVITY BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCE ATTACKS, OR OTHER MEANS OF ATTACK ON THE SERVICE OR NFTs.
Billion Gems bears no responsibility for loss of revenue due to vulnerabilities or any kind of software failure, anomalous behavior of software (such as wallets, smart contracts), blockchains, or any other features. Billion Gems is not liable for loss of revenue due to delays in reporting by developers or representatives (or no reporting at all) of any issues with the blockchain supporting NFTs. You acknowledge that information stored or transmitted through our Services may be irretrievably lost, damaged, or temporarily unavailable for various reasons, including but not limited to software failures, changes in protocols from third-party providers, internet disruptions, force majeure events, or other disasters, including DDoS attacks by third parties, planned or unplanned technical maintenance, or other reasons both within and beyond our control.
17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BILLION GEMS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE SITE, PRODUCTS, OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, BUSINESS, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BILLION GEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO THE SITE, PRODUCTS, OR THIRD-PARTY SITES AND PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS.
NOTWITHSTANDING ANY CONTRARY PROVISIONS HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BILLION GEMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, ACCESS AND USE OF THE SITE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE, EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID BILLION GEMS FOR SERVICES IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
18. ADDITIONAL PLATFORM RULES
On the Billion Gems platform, it is prohibited to:
- Post links to prohibited content and 18+ videos.
- Create multiple accounts to participate in Billion Mania.
- Post links and advertisements for drugs and psychotropic substances.
- Post links and advertisements for alcoholic beverages.
- Post links and advertisements for weapons.
- Post links to projects with questionable content and scams.
Any violator of these rules will be immediately excluded from participation.
The violator's profile will be permanently deleted.
19. COMPENSATION FOR DAMAGES
By using or accessing our Platform or Services, you hereby, to the fullest extent permitted by applicable law, release, indemnify, and otherwise discharge the Released Parties from any and all claims, causes of action, allegations, debts, demands, and damages arising in any way from the use or activities related to the use of the Website, Services, or Platform, including but not limited to claims relating to: negligence, gross negligence, intentional interference with contract or prospective economic relations, defamation, invasion of privacy, publicity, false information, any financial losses not directly caused by the fault of the Website and Platform, false information, fraudulent actions of others, breach of privacy, disclosure of personal information, unsuccessful transactions, purchases, or operation of the Website, unavailability of the Website, its functions and/or Services, as well as any other technical failures that may result in the unavailability of the Website, Billion Gems Platform or Services, or any tortious claims arising from acts committed by users, encountered or conducted through the Website and Services, including but not limited to fraud, computer hacking, theft or unauthorized use of personal information, assault, battery, stalking, fraud, perjury, manslaughter or intentional murder.
The foregoing list is intended solely for illustration and is not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be broadly construed in favor of the Company, and therefore any ambiguity shall be construed so as to provide a release from a wide range of claims. This release is intended to be a complete release of claims, and the parties acknowledge the legal enforceability of this provision and the nature of the waiver of rights associated therewith.
20. SEVERABILITY
If any provision, clause, or part of these Terms is found to be invalid or unenforceable, such provision, clause, or part shall be severed from these Terms and shall not affect the validity or enforceability of any remaining portion of that provision, clause, or part or any other provision, clause, or part of these Terms.
21. QUESTIONS, ISSUES, OR COMPLAINTS
If you have any questions or concerns regarding these Terms or our Privacy Policy, please contact us at support@billiongems.io.
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