Terms of Service

OVERVIEW

This website is operated by ENS Vision PTE LTD. Throughout the site, the terms “ENS Vision”, “Vision.io”, “Vision” , “www.vision.io”, “we”, “us” and “our” refer to ENS Vision PTE LTD. ENS Vision PTE LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Vision.io is an ENS (NFT) marketplace interface maintained by a team of developers. It facilitates interaction with the ENS (Ethereum Name Service), an NFT ecosystem deployed on the Ethereum blockchain. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

By accessing Our website, you accept and acknowledge:

• The prices of blockchain assets are extremely volatile and we cannot guarantee purchasers will not lose money. ENS assets available to trade on Vision.io should not be viewed as investments: their prices are determined by the market and fluctuate considerably.

• You are solely responsible for determining any taxes that apply to your transactions. Vision.io’s services are non-custodial, such that we do not at any time have custody of the ENS owned by our users. We do not store, send, or receive Digital Assets, as they respectively exist on the blockchain. As such, and due to the nature of the services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks.

• Our software indexes ENS on the Ethereum blockchain as they are created, and we are not responsible for any assets that users may mistakenly or willingly access or purchase through the software. You accept responsibility for any risks associated with purchasing such user-generated content, including (but not limited to) the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on faulty smart contracts, and assets that may become untransferable.

• Any new features or tools which are added to the current website https://www.vision.io shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

• Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

For the purposes of these Terms, the capitalized phrases in quotes defined in this clause will have the definitions given to them below. In these Terms, unless the context otherwise requires:

“Blockchain” means a technological framework, making use of distributed technology or other structured records, which is verifiable, immutable, and publicly accessible.

“NFT” means a non-fungible token of any standard, or other similar digital token implemented on a distributed ledger technology which is authenticatable (through cryptographic means or otherwise), and uses smart contracts to generate, authenticate, transfer, and validate data.

“Wallet” means a digital wallet capable of storing and transacting in NFTs, cryptocurrencies and other digital assets. The wallet is offered by a third party, and the Project is not affiliated with any provider.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses, malware or any other code of a destructive or malicious nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

To access the Services offered by Vision.io, You will need a blockchain address and a Wallet to access the Services provided.

By using your Wallet in connection with the Services, You agree that You are using the Wallet subject to the terms of a third-party service provider. We accept no responsibility for, or liability to, in connection with your use of a Wallet. We make no representation or warranties regarding how the Services will operate with any specific wallet. You are solely responsible for keeping your Wallet secure, and the Project is not liable for any acts or omissions by You which lead to the Wallet being compromised.

You must provide any and all equipment, connectivity, and software necessary to access the Services. You are solely responsible for any fees which you incur in this regard when accessing the Services, which also contain the “gas fees” necessary for any transaction to go through.

SECTION 2.1 - ISSUANCE OF SUBNAMES

Vision.io serves as a platform for users to issue and mint subnames under Ethereum Name Service (ENS) parent names. As a marketplace, Vision.io does not oversee, manage, or control the activities conducted by users with their subnames. Users issuing and minting subnames ("Subname Holders") are independent third parties and are solely responsible for their actions on the platform.

Vision.io is not liable for the actions of any Subname Holder, including but not limited to the mismanagement, misuse, or "rug pulling" of ENS parent names and any resultant impact on associated subnames. In the event that a Subname Holder compromises a parent name, leading to the destruction or loss of subnames, Vision.io assumes no responsibility and shall not be liable for any losses or damages arising from such events.

Users of Vision.io acknowledge and agree that they engage with subname transactions at their own risk and are encouraged to perform due diligence before participating in subname minting or transactions.

By using Vision.io, you expressly relieve the platform of any liability arising from the actions of Subname Holders and other third parties related to the issuance and management of subnames.

2.1.1 Technical Failures

Vision.io operates on complex software and blockchain technology, which inherently involves risks of technical failures. While we strive to maintain the highest standards of system integrity and security, users acknowledge that issues such as smart contract bugs, blockchain malfunctions, or interruptions in the minting process may occur. Vision.io cannot guarantee uninterrupted service or immunity from disruptions caused by technical difficulties, which may lead to temporary or permanent loss of data or subnames. Users agree to bear full responsibility for any risks associated with technical failures.

2.1.2 Market Volatility

The value and utility of subnames, like all blockchain-based digital assets, are subject to high market volatility and fluctuations in price due to market dynamics, speculative activities, and regulatory news. Users should be aware that investments in subnames could lose value, potentially including a total loss. Vision.io does not assume responsibility for such market risk and advises users to engage in transactions with caution.

2.1.3 Security Risks

Users are responsible for securing their account credentials and private keys, and they should use robust security measures to protect their digital assets. Vision.io disclaims any responsibility for losses resulting from compromised account security.

2.1.4 Decentralization and Third-Party Interactions

Vision.io serves as a platform enabling the issuance and management of subnames, which are controlled by independent third-party domain holders. As a facilitator, Vision.io does not oversee or regulate the activities of these third parties. The decentralized nature of blockchain technology means there is no central authority that can enforce contracts or resolve disputes between users. Therefore, users must acknowledge that any interactions, transactions, or claims related to subnames occur directly between independent parties and are outside the control of Vision.io. Users accept full responsibility for their engagements and agree that Vision.io is not liable for any issues that arise from the actions or inactions of third-party subname holders.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colors and images of our products that appear in the marketplace. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

8.1 Vision Brokerage Service

Vision solely provides the user interface (UI) and user experience (UX) platform for connecting domain owners with verified brokers. We are not involved in the brokerage process itself and cannot be held liable for any technical malfunctions, service interruptions, or failures within the brokerage system. Additionally, Vision assumes no responsibility for the actions, conduct, or performance of individual brokers.

In cases of dissatisfaction or disputes, the broker and the client are required to resolve the issue directly, without involving Vision. This is a binding part of the agreement accepted when enabling the brokerage service, acknowledging that brokers act as third-party representatives, not Vision employees. Vision remains entirely separate from any agreements made between brokers and clients.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, & comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Your access to the Services may be interrupted from time to time for any reason, including but not limited to the malfunction of equipment, maintenance, or repair of the Services or other actions that Vision.io in their sole and absolute discretion may take. You acknowledge that the use of the internet and all access to, and use of the Services is at your own risk.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided as is and as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall ENS Vision PTE LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

To the fullest extent permissible by the applicable law, Vision.io and any of their subsidiaries, affiliates, and licensors, and their respective employees, agents and contractors make no express warranties and hereby disclaim all implied warranties (including, without limitation, regarding any NFTs, smart contract, etc.), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Nor does Vision.io provide any warranties over any third-party services such as Wallets, or marketplaces which you may use to access the Services.

You accept the inherent security risks of providing information and dealing online over the internet. Vision.io will not be responsible or liable to You for any losses You incur as the result of your use of any Blockchain network or any digital and/or electronic wallet, including but not limited to any losses, damages or claims arising from: user error, such as forgotten passwords or incorrect smart contracts or other transactions; server failure or data loss; corrupted wallet files; or unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing or other means of attack. NFTs are intangible digital assets that exist only by virtue of the ownership record maintained on the Blockchain. All smart contracts are conducted and occur on the decentralized within the blockchain, which is early stage and/or experimental technology. Vision.io makes no guarantees or promises with respect to smart contracts. Vision.io is not responsible for losses due to blockchains or any features of or related to them or any electronic and/or digital wallet.

You agree that Vision.io’s total, aggregate liability to you for any and all claims arising out of or relating to these Terms and/or any NFT, is limited to the amounts You actually paid Vision.io under these Terms in the twelve (12) month period preceding the date the claim arose.Vision.io entered into these Terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risk and form an essential basis of the bargain. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold ENS Vision PTE LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms, including any disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Singapore. In the event of any legal action, these matters will be subject to the exclusive jurisdiction of the courts of Singapore, to which you hereby irrevocably submit.

You and Vision.io mutually agree that any disputes or claims arising out of or related to these Terms, or the use of our Services, will be resolved solely through individual arbitration. This arbitration will be conducted in accordance with the "Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules 2017)" and shall take place at the Singapore International Arbitration Centre. By agreeing to these terms, both you and Vision.io are expressly waiving any rights to seek remedies in court, including any form of class action or group litigation. This arbitration agreement will continue to be valid and enforceable even after these Terms have ended.

Furthermore, it is agreed that any claims arising between you and Vision.io shall be brought on an individual basis only, and not as a plaintiff or class member in any purported class or representative action or proceeding.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to revise and update these Terms from time to time at Our discretion. All changes are effective from the moment that they are communicated to the public, by means of posting on Our website, and other communication portals. You are expected to review these terms from time to time, as continued use of Our Services makes any revision binding on You.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [e-mail].