Terms of service
Introduction
Welcome to Cuisinia! These Terms of Service ("Terms") govern your access to and use of our website, games, NFTs, products, services, and content, including but not limited to the Cuisinia website, Moodie Brand merchandise, Cuisinia games, and related digital assets. By accessing or using any part of Cuisinia, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Eligibility
You must be at least 13 years old to use our services. By using our services, you represent and warrant that you are of legal age and have the legal capacity to enter into these Terms. If you are under 18 years old, you must have your parent or legal guardian's permission to use our services.
2. Account Registration
To access certain features of our services, you may be required to register an account with Cuisinia. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. Intellectual Property
3.1. Ownership
Cuisinia, including its content, games, characters, NFTs, and Moodie Brand, is the exclusive property of Archopia Company Limited. All rights, title, and interest in and to the Cuisinia IP, including but not limited to copyrights, trademarks, trade secrets, and patents, are owned by Archopia or its licensors.
3.2. License
Cuisinia grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services for personal, non-commercial purposes, subject to these Terms. You may not use, copy, modify, distribute, sell, or lease any part of our services, including the Cuisinia IP, except as expressly authorized by these Terms or with our prior written consent.
3.3. Character IP
The characters within the Cuisinia universe, including Moodie Boy and others, are protected by intellectual property laws. You may not use, reproduce, or create derivative works based on these characters without our explicit permission. Any unauthorized use of Cuisinia characters is strictly prohibited and may result in legal action.
4. NFTs and Digital Assets
4.1. Ownership and Use
Cuisinia may offer NFTs (non-fungible tokens) and other digital assets as part of its services. When you purchase or acquire an NFT, you own the underlying token representing that digital asset, but you do not own the intellectual property rights to the content associated with the NFT unless explicitly stated otherwise.
4.2. License to NFT Holders
If you purchase a Cuisinia NFT, we grant you a limited, non-exclusive, non-transferable license to display the associated content solely for personal, non-commercial purposes, such as in your digital wallet, on social media, or within Cuisinia's ecosystem, provided that you do not modify the content or use it in a way that infringes on the intellectual property rights of Cuisinia.
4.3. Secondary Sales and Royalties
Cuisinia NFTs may be sold or traded on secondary markets. You agree that any secondary sales may be subject to royalties as determined by Cuisinia. These royalties will be automatically deducted from the sale price and transferred to Cuisinia or its designee as per the terms outlined at the time of NFT issuance.
4.4. Risks Associated with NFTs
You acknowledge that the value of NFTs is highly speculative and may fluctuate. Cuisinia does not guarantee the future value of any NFTs and is not responsible for any losses you may incur. You understand that NFTs are subject to risks, including but not limited to market volatility, technological issues, and regulatory changes.
5. Game Use and Virtual Goods
5.1. License to Play
Cuisinia grants you a limited, non-exclusive, non-transferable, revocable license to play our games for personal, non-commercial purposes. This license does not confer any ownership rights in the game or its content.
5.2. Virtual Goods and Currency
Cuisinia games may include virtual goods and currency that can be purchased or earned in-game. These virtual goods and currency have no real-world value and cannot be exchanged for real money, goods, or services outside of the Cuisinia ecosystem. Cuisinia reserves the right to modify, manage, control, or eliminate virtual goods and currency at its discretion, and is not liable for any changes in your ability to use them.
5.3. Prohibited Activities
You agree not to engage in any activity that disrupts or interferes with the normal operation of Cuisinia games, including but not limited to hacking, cheating, exploiting bugs, or engaging in fraudulent activities. Violations of this provision may result in the termination of your account and access to our services.
6. Moodie Brand Merchandise
6.1. Product Descriptions and Pricing
Cuisinia strives to provide accurate product descriptions and pricing for Moodie Brand merchandise. However, we do not warrant that descriptions, pricing, or other content on our website is accurate, complete, reliable, or error-free. In the event of an error, Cuisinia reserves the right to correct it and to cancel any orders placed under the incorrect pricing.
6.2. Purchases and Payment
When you purchase Moodie Brand merchandise, you agree to provide valid payment information and authorize us to charge the applicable fees to your payment method. All sales are final unless otherwise specified. Cuisinia reserves the right to refuse or cancel orders at its discretion.
6.3. Shipping and Delivery
Cuisinia will ship products to the address you provide at checkout. Shipping times and costs may vary depending on your location and the products ordered. Cuisinia is not responsible for delays in shipping caused by external factors such as customs, weather, or carrier issues.
6.4. Returns and Exchanges
Cuisinia offers returns and exchanges for defective or damaged items within a specified period. To request a return or exchange, please contact our customer support team. Items must be returned in their original condition and packaging to be eligible for a refund or exchange.
7. User-Generated Content
7.1. Content Submission
Cuisinia may allow users to submit, post, or share content, including but not limited to comments, reviews, and images ("User-Generated Content"). By submitting User-Generated Content, you grant Cuisinia a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our services and business.
7.2. Content Guidelines
You agree not to submit any User-Generated Content that is illegal, offensive, defamatory, infringing, or otherwise violates the rights of others. Cuisinia reserves the right to remove any User-Generated Content that it deems inappropriate or in violation of these Terms.
8. Disclaimers and Limitation of Liability
8.1. Disclaimers
Cuisinia provides its services on an "as is" and "as available" basis. We do not guarantee that our services will be uninterrupted, error-free, or secure. Cuisinia disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2. Limitation of Liability
To the maximum extent permitted by law, Cuisinia and its affiliates, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use our services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our services; or (d) any bugs, viruses, or the like that may be transmitted to or through our services by any third party.
9. Termination
Cuisinia reserves the right to terminate or suspend your account and access to our services at any time, for any reason, and without prior notice. Upon termination, your right to use the services will immediately cease, and any licenses granted to you will be revoked.
10. Governing Law and Dispute Resolution
10.1. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law principles.
10.2. Dispute Resolution
Any disputes arising out of or related to these Terms or the use of our services shall be resolved through binding arbitration in accordance with the rules of [Arbitration Institution], to be conducted in [Your Jurisdiction]. The decision of the arbitrator shall be final and binding on the parties.
11. Changes to These Terms
Cuisinia reserves the right to update or change these Terms at any time. When we make changes, we will revise the "Last Updated" date at the top of this page. For significant changes, we may also provide
a more prominent notice, such as a banner on our website or an email notification. Your continued use of our services after any modifications to the Terms constitutes your acknowledgment of the modifications and your consent to abide by the updated terms.
12. Contact Us
If you have any questions or concerns about these Terms or our services, please contact us at:
Cuisinia Support Team
Effective Date: 1 March 2024
Last Updated: 1 September 2024