1. AGREEMENT TO TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use constitute a legally binding agreement concerning your access to and use of the Melanin Platform, which comprises products, domains, venture projects, and intellectual property developed and/or enhanced by Melanin.cc, as well as any other media form, channel, and/or website related, linked, or otherwise connected thereto (the “Platform”), and any associated services including Smart-Miners, Membership clubs, education platforms, Nyukia.com, CoinTest.com, and any other projects or initiatives developed by Melanin.cc (henceforth referred to as the “Services”).

You agree that by downloading, browsing, accessing, and/or using the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions of Use. If you do not agree with all of these Terms and Conditions of Use, you are expressly prohibited from using the Platform and you MUST DISCONTINUE use immediately. Please read these Terms and Conditions of Use carefully as they contain important information regarding your legal rights, remedies, and obligations, choice of law, and jurisdiction.

2. AMENDMENT OF TERMS AND CONDITIONS

We reserve the right to modify, delete and/or replace these Terms and Conditions at any time, at our sole discretion. We shall alert you about any changes by updating the “Last Updated” date of these Terms and Conditions. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You are required to accept these changes before continued usage of the Platform.

By accepting these changes and/or continuing to access and/or use the Platform after the “last updated” date of these revisions, you agree to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, please stop using the Platform.

3. LICENSE

Unless otherwise stated, the Melanin products, domains, venture projects, and intellectual property are owned, controlled, or licensed by Melanin.cc, its affiliates, and partners. Users are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Services for personal, non-commercial purposes, subject to these Terms and Conditions of Use.

4. LINKS TO THIRD-PARTY WEBSITES

Our Platform may contain links to third-party websites or services, including advertisements, that are not owned or controlled by Melanin.cc, the Platform and/or their affiliates. Our Platform may utilize third-party services in the Platform to facilitate access to our Services, provide the Platform or Services on our behalf, perform Platform-related services or to assist us in analyzing how our Platform is used. We have no control over, and assume no responsibility for, the content, privacy policies, and/or practices of any third-party websites, advertisements, or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

5. DISCLAIMER AND EXCLUSION OF LIABILITY

All Melanin products, domains, venture projects, and associated services are provided on an “as is and as available” basis without any warranties, whether express or implied. You agree that your use of the Platform and/or Services shall be at your sole risk. You are solely responsible for any and all acts or omissions taken or made in reliance on the Platform and/or Services. You acknowledge and agree that Melanin.cc, its affiliates, partners, and their respective officers, directors, employees, agents, and licensors, do not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement, or merchantability of any aspect of the Platform and/or Services. To the fullest extent permitted by applicable law, Melanin.cc disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Melanin.cc does not warrant that the Platform and Services will be error-free, uninterrupted, secure, or that any defects will be corrected. In no event shall Melanin.cc, its affiliates, partners, and their respective officers, directors, employees, agents, or licensors, be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your use of the Platform and Services or any inability to use the Platform and Services, even if Melanin.cc has been advised of the possibility of such damages.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Melanin.cc, its affiliates, partners, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising from or relating to your use of the Melanin Platform and Services, your violation of these Terms and Conditions of Use, or your infringement of any third-party rights, including but not limited to, any intellectual property rights.

7. INTELLECTUAL PROPERTY RIGHTS

In addition to the intellectual property rights covered in Section 1 of this agreement, all intellectual property rights in and to the Melanin products, domains, venture projects, and all related materials, including but not limited to design, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and any other content, are owned, controlled, or licensed by Melanin.cc, its affiliates, and partners, and are protected by copyright, trademark, and other intellectual property rights and laws.

By using the Melanin Platform and Services, you agree to respect and abide by all applicable intellectual property laws and regulations, and not to infringe upon any intellectual property rights of Melanin.cc, its affiliates, partners, or any third parties.

8. TERMINATION

Melanin.cc may, at its sole discretion, terminate your access to the Platform and Services, without prior notice or liability, for any reason, including but not limited to, your breach of these Terms and Conditions of Use. You acknowledge and agree that Melanin.cc shall not be liable to you or any third party for any termination of your access to the Platform and Services.

9. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Melanin.cc is incorporated, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms and Conditions of Use, the Platform, and the Services shall be resolved through negotiation, mediation, or arbitration, as agreed upon by the parties. If the parties fail to resolve the dispute through negotiation, mediation, or arbitration, either party may seek relief in a court of competent jurisdiction.

10. SEVERABILITY

If any provision of these Terms and Conditions of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from these Terms and Conditions of Use, and the remaining provisions shall remain in full force and effect.

11. ENTIRE AGREEMENT

These Terms and Conditions of Use, together with any other legal notices, policies, and guidelines linked to or referenced herein, constitute the entire agreement between you and Melanin.cc concerning the use of the Melanin Platform and Services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Melanin.cc with respect to the Platform and Services. No waiver of any provision of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such provision or any other provision, and Melanin.cc’ failure to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.

12. CONTACT INFORMATION

If you have any questions or concerns regarding these Terms and Conditions of Use or the Melanin Platform and Services, please contact Melanin.cc at [email protected].

By using the Melanin Platform and Services, you acknowledge and agree to be bound by these Terms and Conditions of Use, and you represent and warrant that you have the legal capacity and authority to enter into such an agreement.