Litepaper

MOVEZ LIMITED


Terms and Conditions of [http://movez.me]

Last revised date: [•] (Version 1.0)

 

  1. Introduction

 

These Terms and Conditions (hereinafter referred to as “Terms”) are entered into between you, a user of the Services (hereinafter referred to as “you”, “your” or “user”) and Movez Limited, a company incorporated and registered under the laws of Republic of Seychelles (hereinafter referred to as the “Company” or “we” or “us” or “our”, which shall have the same meaning in these Terms). You and the Company are referred to separately as “Party” and collectively as “Parties”.

 

These Terms govern the use and conditions of [http://movez.me] and/or other services provided by the Company (herein refer to as “Services” or “Platform”) made available by us. Please read these Terms together with the provisions set forth in our Privacy Policy carefully before accessing and using the Platform and our Services.

 

By accessing, registering, downloading, clicking or using our Services, tools and information made available by us through this Platform and mobile application in any capacity, you hereby accept and agree that: (i) you have read and familiarized yourself with these Terms; (ii) you understand these Terms and our Privacy Policy; and (iii) you agree to be bound by these Terms and our Privacy Policy when using our Platform and Services. If you do not agree to these Terms, please do not access, or use the Platform and the Services. In addition, when using our Services, you are subject to our KYC/AML/CFT process.

 

We reserve the right to modify or amend these Terms, this Platform, or any content on the Platform from time to time, including for security, legal or regulatory reasons, to reflect updates or changes to our Services or functionality of the Platform. You are advised to check these Terms periodically to ensure that you are cognizant of the current versions and comply with them. Users of the Platform and the Services are bound by these changes which will take immediate effect after the revised versions of these Terms have been published on the Platform or the relevant mobile application. Through your continued use of or interaction with the Platform, the Services, tools, and information made available on this Platform, you hereby agree to be bound by the provisions highlighted in the subsequent versions.

 

We will provide a notification on the Platform specifying that changes have been made to these Terms whenever they occur. You accept that by doing so, we have provided you with sufficient notice of such change. You should seek professional advice regarding any possible legal requirements you must comply with in relation to use of the Platform, the Services or the relevant tools provided by us or the Partners.

 

 

 

  1. Definitions

 

“ADAPAD” refers to the platform for Cardano Smart Chain Network, which is a platform for retail investment into tokens offered via IDO. Please find further details at https://adapad.io/

 

"Affiliate(s)" refers to in relation in any party, any other company which, directly or indirectly, (i) is controlled by that party, (ii) controls that party, or (iii) is under common control with that party, and in respect of us, shall also include any fund, limited partnership or other collective investment vehicle or other person which is managed or advised by us.

 

"AML" refers to anti-money laundering.

 

"Applicable Laws" refers to acts, statutes, regulations, ordinances, treaties, guidelines, and policies issued by governmental organizations or regulatory bodies, including, but not limited to, the governing law stipulated under Laws of the Republic of Seychelles.

 

“BSCPAD” refers to the platform for Binance Smart Chain Network, which is a platform for retail investment into tokens offered via IDO. Please find further details at https://bscpad.com/.

 

"CFT" refers to Combating the Financing of Terrorism.

 

"Confidential Information" refers to any non-public, proprietary information or documents of or related to the user or us (whether in writing, orally or by any other means) by or on behalf of the user to us and which if disclose in tangible or intangible form is marked confidential (including in visual, oral, or electronic form) relating to us or any other user that was previously a user, which is provided or disclosed through us (or to any employees or agents) in connection with the use or participate in the services.

 

“Cookies” refer to the small text files that are placed on your computer by the Platform that you visit. They are widely used in order to make the Platform work, or work more efficiently, as well as to provide information to the owner of the site.

 

"CrossSwap" refers to the cross-chain swap designed to unify the trading service on one platform. Please find further details at https://crossswap.com/.

 

"CrossWallet" refers to the non-custodian wallet service that holds any digital asset you prefer to hold, trade, or send, from tokens to NFTs, which it works seamlessly between different blockchain and works on any device, mobile or web. Please find further details at https://crosswallet.app/.

 

"ETHPAD Platform" refers to the platform for Ethereum Smart Chain Network, which is a platform for retail investment into tokens offered by Initial DEX Offerings or Initial Decentralized Offerings. Please find further details at https://ethpad.network/.

 

“GAMEZONE” refers to the platform for blockchain gaming projects, which provide a user who holds its native token and participate on Initial Game Offering (‘IGO’) access to the game project being launched on the platform.

 

“IDO” refers to Initial DEX Offerings or Initial Decentralized Exchange Offerings.

 

"KCCPAD" refers to the platform for KuCoin Community Chain Network, which is a platform for retail investment into tokens offered by Initial DEX Offerings or Initial Decentralized Exchange Offerings. Please find further details at https://kccpad.io/.

 

“KCCSwap” refers to the decentralized exchange service for instantly swap token, crypto token, utility token with no requirement of account registration and the service provider does not hold your funds when you participate in the swap service, you have 100% ownership of your crypto. Please find further details at https://kccswap.io/.

 

“KYC” refers to Know Your Client.

 

“MetaVPad” refer to the platform in the form of a democratized cross-chain launchpad for Metaverse projects which aims to democratize access to the protocols, products, and services that will form the backbone for the next generation of the internet, opened its doors to staking. Please find further details at https://metavpad.com/.

 

“NFTLaunch” refers to the platform for deflationary NFT Launchpad which is the first platform to offer zero gas wars, fair distribution and free NFT airdrops of new and upcoming NFT projects. Please find further details at https://nftlaunch.network/.

 

“Partners’’ refers to us, including BSCPAD, ETHPAD, TRXPAD, KCCPAD, ADAPAD, PULSEPAD, DOTPAD, VELASPAD, TRONPAD, NFTLaunch, GameZone, PulseDx, CrossSwap, CrossWallet, MetaVPad, KCCSwap, AstroSwap and WagyuSwap.

 

“Platform” refers to this website, mobile application, and any other official the Company communication channels made available for access to use our Services and being subject to revision periodically.

 

“Platform Rules” refers to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by the Company, as well as all rules, guidelines, product process descriptions, and announcements published in this Platform or within service processes.

 

“Plug-in” refers to mirror streaming function, allowing users to attach their streaming contents from a variety of other platforms, such as YouTube, Twitch, and TikTok, which will be mirrored onto the Company, and to help the users growing their audience on the Company and minimizing barriers to entry.

 

"Prohibited Jurisdictions" specifically refer to the United States of America (including its territories, and dependencies, and any state of the United States), Albania, Barbados, Botswana, Burkina Faso, Cambodia, Democratic People's Republic of Korea, Haiti, Iran, Jamaica, Morocco, Myanmar (Burma), Nicaragua, Pakistan, Panama, Philippines, Senegal, South Sudan, Syria, Thailand, Uganda, Yemen and Zimbabwe.

 

“PulsePad” refer to the platform to deliver access to early-stage PulseChain projects to a community of passionate supporters, featuring fourfold greater throughput, massively reduced transaction fees, full Ethereum interoperability, deflationary tokenomics, and an ideal development environment for builders. Please find further details at https://pulsepad.io/.

 

“Services” refer to the services provided to the users through the Platform, including the move-to earn ecosystem, and earning Movez Tokens and/or other rewards. Please find more information on the Company’s social media platform.

 

“Stablecoins” refer to Coins that are issued and are declared as backed (pegged) against real dollars at an equivalent rate of 1:1 Stable coins include Tether (“USDT”) or a cryptocurrency with a value pegged to the U.S. dollar and USD Coin (“USDC”), and other stablecoins accepted by the Company.

 

“Staking or Stake” refers to a service where users can stake their Movez Tokens in exchange for return in Movez Tokens for which the amount will be determined on the Platform.

 

“TRONPAD” refers to the platform for Tron Smart Chain Network, which is a platform for retail investment into tokens offered via IDO. Please find further details at https://tronpad.network/.

 

"User Content" refers to all contents of the Platform, including, without limitation any images, logos, identifying marks, illustrations, designs, icons, photographs, videos, text and other written and multi-media materials, product services, advertising material, software, code, data, files, archives, folders, interactive features, audio, music and other materials that are listened, watched, interacted, shared, performed, created, posted, uploaded, distributed, transmitted or otherwise make available by users or third parties through the Platform.

 

“VELASPAD” refers to the platform for Velas Chain Network, which is a platform for retail investment into tokens offered via IDO. Please find further details at https://velaspad.io/.

 

“Movez Token(s)” refers to a blockchain utility token that are native to the Movez Platform and that are distributed as rewards for completing fitness-related tasks, such as walking, running, or swimming.

 

“WagyuSwap” refers to the Decentralized Exchange build on Velas Blockchain, an entirely new blockchain adapted from Solana which guaranteed full EVM compatibility. Please find further details at https://wagyuswap.app/

 

"Wallet(s)" refers to any digital wallet which must be compatible with the Binance Smart Chain Network, such as MetaMask or trust wallet.

 

  1. General Provisions

 

    1. Contractual Relationship

 

These Terms constitute a valid and binding agreement between the Parties. The binding obligations stipulated in these Terms are enforceable.

 

    1. Revision and Amendments

 

We reserve the right to revise, amend, or update any clause and provision stipulated in these Terms in our sole discretion at any time. We may notify the revision or amendment of such clause or provision by updating these Terms and specify the 'Last Revised Date' displayed on a page of Terms. Any revision and update on these Terms will be automatically effective upon their publication on the Platform. Therefore, your continuity of accessing or using the Services will be deemed that you agree to have read, understood, and accepted all revised terms and provisions. If you do not agree on any revised or updated terms and provisions, you should immediately stop accessing the Platform or using the Services. You are encouraged to frequently and carefully review these Terms to ensure that you understand these Terms.

 

    1. Privacy Policy

 

You acknowledge and confirm that you have read, understood, and agreed to provisions stipulated in the Privacy Policy, which will explain how we treat your information and protects your privacy when accessing or using the Services.

 

By using the Platform, you hereby agree that we may collect, use your information, and anonymised data pertaining to your use of the Services for analytics, trends’ identification, and purpose of statistics to enhance the effectiveness and efficiency of the Services.

 

You hereby expressly authorise us to disclose any and all information relating to you in our possession to law enforcement or government officials upon the request by the court order.

 

    1. Your access to and use of the Platform and Services

 

      1. You shall comply with the requirements of Applicable Laws, other domestic and international laws, these Terms, the Platform Rules, community guidelines, and other guidelines of the Company, contract, intellectual property, or other third party right, and shall not use the Platform or our Services for any unlawful purpose, including but not limited to, commit a tort, infringement of intellectual property rights, or criminal laws.

 

      1. You shall be responsible for acquiring and updating compatible hardware or device necessary to access and use the Platform and any updates thereto. In addition, the Platform may be subject malfunctions and delays inherent in the use of the internet and electronic communications.

 

      1. You shall be responsible for keeping your credential information secure.

 

      1. You shall be solely responsible for your conduct and any content that you submit, post, stream, and display on the Platform.

 

      1. You shall not access or use the Services if you are not fully able and legally competent to agree to these Terms;

 

      1. You shall not impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without their permission; forge another person’s digital signature or identification; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.

 

      1. You shall not upload any images, graphics, photographs, videos, or content that is deemed unlawful, offensive, malicious, threatening, libellous, insulting, obscene, pornographic, defamatory, defrauding, harassing, abusive, hateful, inflammatory, or otherwise objectionable or infringes any party’s intellectual property or privacy.

 

      1. You shall not abuse, defame, harass, threaten or intimidate other users of the Services, or shall not harvest, collect, or attempt to collect, personal information or contact information of other users or third parties without their consent.

 

      1. You shall not delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or the User Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or the User Content, or (d) the copyright or other proprietary rights notices on the Services or the User Content;

 

      1. You shall not make unauthorized copies, modify, adapt, translate, disassemble, decompile, reverse engineer, or otherwise attempt to determine any source code, algorithms, methods or techniques embodied by the Services, or any derivative works thereof, or shall not interfere with or damage the operation of the Platform or any user’s enjoyment of them, by any means, including uploading, transmitting or otherwise disseminating malware, viruses, adware, spyware, trojans, worms, or any code of a destructive or malicious nature;

 

      1. You shall not modify, adapt, or hack the Platform or modify another platform so as to imply that it is associated with the Platform falsely.

 

      1. You shall not crawl, scrape, or otherwise cache any content from the Platform including but not limited to use profiles, images, graphics, and photographs.

 

      1. You shall not use any automated data collection methods, data mining, robots, spider, crawler or scraping or any automated or data gathering methods for any purpose, or bypass any measures the Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by the Company, including but not limited to the the Platform;

 

      1. You shall not create or submit unwanted comments or contents to any users of the Services;

 

      1. You shall not attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Platform or Services that you are not authorized to access;

 

      1. You shall not attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose

 

      1. You shall not use the Services or any of its contents for advertising or soliciting, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement, solicitation, promotional material, chain letters, junk mail, spam, pyramid schemes, or any other prohibited form of solicitation;

 

      1. You shall not interfere with or disrupt the Platform, servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

 

      1. You shall not use the Services to upload, transmit, distribute, store or otherwise make available in any way: any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, nationality, age, gender, disability or sexuality; any material that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose the Company, the Services or its users to any harm or liability of any type; and

 

      1. If the Company has the reasonable ground to believe and determine that you have engaged in any use of the Platform in breach of these Terms, the Company may address such breach through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but not limited to, making a report to any government, law enforcement, or other authority, without providing any notice to you about any such report; or a suspending or terminating your access to the Services. the Company may, at its sole and absolute discretion, take any action it deems appropriate to comply with Applicable Laws or the laws of any other jurisdiction. In addition, should your actions or inaction result in the imposition of economic costs to the Company, you shall pay an amount to the Company so as to render the Company whole, including without limitation, the amount of taxes or penalties that might be imposed on the Company.

 

    1. Links to and from the Platform

 

      1. You may, through hypertext or other computer links, gain access from the Platform to Platforms operated or made available, or otherwise licensed by persons other than us (“Third Party Services”). Such hyperlinks are provided for your convenience.

 

      1. A link from Third Party Services does not mean that we endorse or approve the content on such platform or does not mean that we are an operator of that platform. You understand that you are solely responsible for determining the extent to which you may use or rely upon any content at any other Third Party Services which you have accessed from the Services. We have no control over the content of these sites or resources and accept no liability for them or for any loss or damage that may arise from your use of them.

 

      1. We assume no responsibility for the use of, or inability to use, Third Party Services’ software, materials, or contents posted or uploaded on such website and we will have no liability whatsoever to any person or entity for any inaccuracy or incompleteness of any third party content. All intellectual property rights in and to Third Party Services are property of the respective third parties.

 

    1. Disclaimer for Accessibility of the Platform and the Services

 

      1. The Services merely facilitates the user’s accessibility to the Platform. We do not provide you with any warranty or representation whatsoever regarding its quality, value, specification, fitness for the purpose, completeness or accuracy of its technology or infrastructure of any technological infrastructure integrated/applied to the Services.

 

      1. We will make all commercially reasonable attempts to facilitate information pertaining to the Services. However, you hereby acknowledge that we do not guarantee the accuracy, timeliness, or completeness of such information, and does not provide any warranty in connection with your use or reliance on such information. You agree that your use of the information will be at all your own risk. We will not be liable to you in any manner for the termination, delay, interruption, or inaccuracy of any information launched on the Platform.

 

    1. Information

 

You acknowledge that you are solely responsible for any submissions of all content, texts, remarks, suggestions, ideas, materials, feedbacks, or information, including bug reports in relation to the Services provided through the Platform, including any submission to our social media platforms such as Twitter and Telegram, and only you, not us, have full responsibility for such submission, including their accuracy, legality, reliability, copyright, appropriateness, and originality. We shall reply on the information you have provided and will not verify it. Notwithstanding the foregoing, we have the right to refuse to post, remove, edit, or abridge any submission for any reason and to freely use, copy, disclose, publish, display, or exploit such submission as we deem necessary without any payment of royalty, acknowledgement prior to consent, we may retain copies of all information materials relevant to the Service.

 

  1. Intellectual Property

 

    1. All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the same or similar nature of intellectual property rights that exist in or in relation to the use and access of the Platform and Services are owned by or otherwise licensed to us, it being understood that you or your licensors will own any User Content (as defined above) you upload or transmit through the Services.

 

    1. Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any intellectual property right or any right in or license to us or any other third party’s intellectual rights.

  

    1. If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.

 

    1. You agree and acknowledge that all content on the Platform must not be copied or reproduced, modified, redistributed, rented, used, created for derivative work or other-wise dealt with for any other reason without being granted a written consent from us.

 

    1. Third parties participating on the Platform may permit us to utilise trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that any content on the Platform does not infringe the rights of any third party.

 

    1. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

 

If you satisfy all of the eligibility provisions set forth in these Terms, and your access to and use of the Platform complies with these Terms, you hereby are granted a single, limited license to merely access and use of the Services in the permitted hereunder. This license is a non-exclusive, non-transferable, or non-sublicensable license to access to and use the Services, and freely revocable by us at any time without notice or cause in our sole discretion. Your use of and access to the Services for any purpose not expressly permitted by these Terms is strictly prohibited.

 

We reserve all rights not expressly granted in these Terms. This license is subject to these Terms and does not permit you to engage in any of the following: (a) resale or commercial use of our Services or the Platform; (b) modifying or otherwise making any derivative uses of the Services or the Platform, or any part thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any part of the Services, the Platforms, or any information contained in them, except as expressly permitted on the Services; or (f) any use of the Services or the Platform except for their intended purposes. Any use of the Services or the Platform except as specifically authorized in these Terms, without the prior written permission of the Company, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. the Company can terminate this license as set out in Clause 13.

 

  1. User Information, Accounts and Account Registration

 

    1. Your access and use of the Services shall be conditional on you providing the following information

 

      1. your confirmation that you have read these Terms and acceptance thereof;

 

      1. such other information that the Company (including our Affiliates) determines is necessary in our respective sole discretion in order to comply with Applicable Laws or otherwise in connection with your access to or use of Services, including but not limited to the information as requested on the Platform;

 

    1. For tracking purposes, you must register an email account (“User Account”) and provide the public address of your Wallet with us prior to using or accessing our Services. Your Wallet’s address must be fully compatible with and supports our Services;

 

    1. You shall not grant any other person using our Services through your User Account;

 

    1. You shall be solely responsible for maintaining the security and confidentiality of your email account and Wallet address confidential and secure;

 

    1. You are required to fulfil and satisfy the identity verification requirements through our KYC/AML/CFT process. We reserve the right to reject your participation in our Services, if you fail to the identity verification requirements through the KYC/AML/CFT process or commit any other suspicious activity while participating in our Services.

 

    1. By using or accessing the Services, you represent and warrant that you understand that there are inherent risks associated with cryptography, blockchain, and the underlying technologies, and you further agree that we, the community, and open-source code contributors are not responsible for any loss or damage associated with these risks.

 

    1. We may amend any of the terms of these Terms and Conditions by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the terms.

 

  1. User Content

 

    1. Users of the Services may be permitted to upload, post, or transmit (such as via a live stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise. Users of the Services may also attach the the Company plug-in, and their stream from other platforms will be mirrored onto the Company. Users of the Services may also participate in other activities in which you may create, post, transmit, perform, comment, or store content, messages, text, sound, images, applications, code, or other data or materials on the Services. The information and materials in the User Content have not been verified, approved, or endorsed by us. The views expressed by other users on the Services do not represent our views or values.

 

    1. Whenever you access or use a feature that allows you to upload, post or transmit User Content through the Services (including via our Affiliate’s or certain third party’s social media platforms), or to make contact with other users of the Services, you must comply with the standards set out at “Your access to and use of the Platform and Services” above. You may also choose to upload or transmit your User Content on platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your access to and use of the Platform and Services” above.

 

    1. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to and from other third party platforms, and/or adopt any third party content.

 

    1. You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us and its sub-licensees, to the furthest extent and for the maximum duration permitted by Applicable Laws (including in perpetuity if permitted under Applicable Laws), an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish, transmit, distribute and/or display and to authorise other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish, display and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

 

    1. You further grant us a royalty-free license to use your username, image, voice, and likeness (or other biographical information) that you submit in connection with such User Content to identify you as the source of any of your User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that the Company and its sub-licensees are allowed to use them to the extent indicated in these Terms.

 

    1. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Clause include, but are not limited to, the right to reproduce sound recordings, and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

 

    1. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

 

    1. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.

 

    1. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.

 

    1. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

 

    1. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

 

    1. If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report to [•].

 

  1. Identity Verification through KYC/AML/CFT Process

 

    1. As a software development company, we have no role in enforcing KYC/AML/CFT by default, however, we have mandatory requirements for KYC/AML/CFT identification verification tools for the users using the Platform to enforce on their participants. We are implementing KYC/AML/CFT tools into our launchpad through https://kycaid.com/.

 

    1. The use of KYC/AML/CFT tools on us by IDO fundraising companies using the Services on the the Platform is not the discretion of said entitles, and they must require you to complete KYC/AML/CFT verification process before participating in any Projects.

 

    1. Although we make no warranty as to the merit, legality, or juridical nature of any content, we nonetheless understand the need of the Project to require KYC/AML/CFT verification on their users. Therefore, we reserve the right:

 

        1. at any time, to ask for your personal information, name-surname, birthday,-e- mail address, nationality, location, government identification number (identification card/passport number and date of identification card/passport issuing), telegram username, Wallet address, and any KYC/AML/CFT documentation with the liveness test that it deems necessary to determine the identity and location of a user, and reserve the right to restrict the Services and payment until the user’s identity is sufficiently determined;

 

        1. The liveness test shall require you to take a photo of your government identification with your phone or camera. and then take a photo of (i.e., a selfie of your face) holding your ID document and a piece of paper you wrote on next to your face (not covering your face) in which you shall write down the (1) the Company, (2) the current date, and (3) the last 4 characters of your Wallet address”.

 

        1. to share the submitted KYC/AML/CFT information and documentation to the third parties to verify the authenticity of the submitted information, and the end user giving the consent to share such information by using the Services; and

 

        1. to reject the use of the Services if we have the reasonable ground to believe that they are found to be in violation of relevant and applicable KYC/AML/CFT laws and regulations, and to cooperate with the competent authorities or any investigation when and if necessary, upon the valid request by the court order.

 

    1. We expressly prohibit and reject the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Services are not offered to individuals or entities on any Politically Exposed Persons (“PEP”) lists, or subject to any United States, European Union, or other global sanctions or watch lists. By using the Services, you represent that you are not on any of such lists.

 

    1. You fully acknowledge that your information and KYC/AML/CFT documentation may be disclosed to government agencies or regulators upon a valid request of the court order. Once you have decided to participate in any Project and start staking your Movez Token, you must ensure that all information provided to us is complete, accurate, and updated in a timely manner. We will rely on the information you provided and should there be any reasonable grounds for us to believe that the partial or the whole of your information provided to us is incomplete, or incorrect, or outdated, we reserve the right to send you a notice to demand correction, or to delete such information directly, and, as the case may be, to disable you to access to all or part of the Platform and the Services.

 

    1. If we have a reasonable ground to believe that any user transacts or use the Services by using digital currencies derived from any suspicious illegal activities, we shall be entitled to block your accessibility as necessary. We will hold no liability to such users for any damage, or loss arising out of or in connection with this manner herein. Please note that any attempt to circumvent our measures set out in this Clause 8 will also result in a similar action.

 

  1. Modification, Suspension and Termination of the Services

 

    1. You may stop using the Service at any time. If you no longer want to use our Services again, and would like your account deleted, follow this guideline to delete the Services from your account. Once you choose to delete your account, you will no longer be able to reactivate your account or retrieve any of the content, data or information you have added.

 

    1. In the event of any misuse and/or abuse of the Platform and/or our Services, or breach any provision in these Terms, we reserve the right to block your access to the Platforms, remove any User Content, and restrict other Services until the matter is solved.

 

    1. You acknowledge and agree that the Company shall have the right, in our sole and absolute discretion, to at any time modify, suspend, or terminate your access to the Platform and Services and the license granted by us to you at any time for any reason, including but not limited to the following:

 

      1. us having reasonable grounds to believe that you are attempting to compromise the the Platform and/or our Services in the future;

 

      1. us having reasonable grounds to believe that you are in breach of these Terms;

 

      1. us having reasonable grounds to believe that there has been conduct that creates (or could create) liability or harm to any user of the Services, other third party, the Company or our Affiliates; or

 

      1. us and/or our Affiliates having to comply with Applicable Laws, a court order, or a direction of legal enforcement authority in connection with the Services.

 

    1. We shall have the right, but not the obligation, to monitor any User Content, to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request. We shall have the right to disclose your identity to any third party who is claiming that a Content posted, uploaded, or streamed by you to our Platform constitutes a violation of their intellectual property rights or right to privacy.

 

    1. We shall have the right at our sole discretion to cut, crop, edit, screen, or refuse to publish any User Content posted or stored on the Services at any time and without notice, including where such User Content violates Applicable Laws, these Terms, Platform Rules or community guidelines. In addition, we have the right – but not the obligation – in our sole discretion to disallow, block remove, or delete any User Content in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your own costs. We do not guarantee the accuracy, appropriateness, integrity, or quality of User Content, and under no circumstances will we be liable in any way for User Content.

 

    1. We will take reasonable measures to expeditiously remove from our Services any User Content that we consider violating Applicable Laws, these Terms, Platform Rules and/or community guidelines, and we become aware of. It is our policy, in appropriate circumstances and at our sole discretion, to suspend or terminate the accounts of users of the Services who repeatedly violate Applicable Laws, these Terms, Platform Rules and/or community guidelines.

 

    1. We reserve the right to limit the Services’ accessibility to any person, jurisdiction or geographic area we so desire and/or terminate your access to and use of the Services, at any time and in our sole discretion.

 

    1. We may, at our sole discretion, impose limitations or restrictions on the use of or access to the Service. Further, for commercial, security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms, we may limit your access to the Services at any time and without notice to you.

 

    1. Any access to or use of the Platform for transmission, publication or storage of any material on or via the Platform which is in violation of Applicable Laws, domestic or international laws or third party’s rights is strictly prohibited, including but not limited to the use of the Platform or the transmission, distribution, publication or storage any material on or via the Platform in a matter or for the purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an unlawful act or harassment, is libellous or defamatory, violates any privacy or data protections law, is fraudulent or breaches any exchange control laws.

 

    1. To the fullest extent permitted by applicable law, we reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content) and to block or prevent your future access to and use of the Services, where we reasonably consider that: (a) your use of the Services violates Applicable Laws, these Terms, Platform Rules or community guidelines; (b) you fraudulently use or misuse the Services; or (c) we are unable to continue providing the Services to you due to technical or legitimate business reasons.

 

  1. Representations and Warranties

 

You hereby agree to make the following representations and warranties by accessing and/or using the Services:

 

    1. You have full capacity and authority under Applicable Laws to agree and bind yourself to these Terms.

 

    1. You are eighteen years of age or older.

 

    1. You are not a citizen or a resident of the Prohibited Jurisdictions, and you do not have any relevant connection with any of the Prohibited Jurisdictions. Use of a virtual private network (e.g., VPN) or other means by restricted persons or any person living in the prohibited jurisdictions to access or use the Services is also prohibited.

 

    1. You are aware and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations applicable to your use of the Platform and the Services. Your use of the Platform and the Services are not for any unlawful or illegal purposes, including but not limited to the usage against the copyright laws and, KYC/AML/CFT laws.

 

    1. You are the exclusive owner of Movez Tokens and your other cryptocurrencies held in your Wallet. The Digital Assets, and tokens maintained in your Wallet are not and will not be derived from money laundering, terrorist financing, fraud, or any other illegal activities under Applicable Laws of any relevant jurisdictions. You further hereby acknowledge and agree that we will not be responsible for actions taken by you that result in the loss or destruction of the value of the Digital Assets, tokens and rewards you hold in the Wallet.

 

    1. You are using the Services as principal and for your own benefit and you are not acting on the instructions of, or as nominee or agent for or on behalf of any other person.

 

    1. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

 

    1. You have not created multiple user accounts.

 

    1. You agree and consent us to track your Wallet’s public address.

 

    1. You validly undertake any action or enter into any transaction with regard to these Terms. You are solely responsible for the access to and use of the Services for activities or transactions that occur on or through your user account on the Platform.

 

    1. You will provide only accurate, complete, and up-to-date information and documents, if any, for the purposes of accessing or using or participating the Services on the Platform. You will further agree to put your effort to ensure that the confidentiality of your personal or credential information, including your Wallet address is restricted, and safely maintained to your device you use to access the Platform.

 

    1. You acknowledge and agree that if you lose access to the Wallet that you connected with the Platform, we will not be able to help you recover the loss, or transfer of Movez Tokens, Digital Assets, and tokens back to your Wallet. It will be your solely responsibility to manage your account, and the private key.

 

    1. You will be responsible for obtaining the data network access necessary to use the Platform. Your network's data and fees may apply if you access or use the Platform from a wireless-enabled device, and you will be responsible for such fees.

 

    1. You are a creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein.

 

    1. Your User Content does not and will not infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

 

    1. Your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.

 

    1. Unless you have received prior written authorization from relevant parties, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of the Company or third parties.

 

    1. You are aware of the risks associated with accessing or using the Services, and you will be fully liable at your own risk.

 

    1. You are aware that you are subject to tax regulations in the jurisdiction you reside in and will be fully responsible for filling or reporting any taxes and paying them as required by the Applicable Laws. We will not be liable to compensate you for your tax obligations or advise you in relation to your tax obligations. Any uncertainties and unpredictable matters in tax legislation with respect to any tokens may expose you to any unknown or unforeseeable tax implications associated with your holding of tokens and the use the Services for which we will have no liability. Moreover, you will not hold us liable for any expenses or losses resulting from unknown or unforeseeable tax implications.

 

    1. You will not breach any of the provisions stipulated in these Terms, the Privacy Policy, or Applicable Laws in any relevant jurisdiction.

 

    1. Except as expressly permitted in these Terms or at our discretion, you will not access or use the Services in one of any following manners:

 

  1. infringe the Company’s or third party rights, including but not limited to, any trademark, patent, copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

 

  1. use the Platform or the Services to transmit any data or send or upload any material or content that contains viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of the Platform and/or the Services.

 

  1. expressly or impliedly, use the Services in the manner that is deemed unlawful, illegal, offensive, malicious, threatening, libellous, defamatory, obscene or other-wise objectionable or violates these Terms, or infringe other’s intellectual property.

 

  1. modify, make any back-up or archival copies of the Platform or any part thereof including disassembling, and you will not adapt, hack, or modify another platform to falsely imply that it is associated with the Platform.

 

  1. crawl, scrape, or otherwise cache any content from the Services, and you agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on the Platform.

 

  1. use the Services for advertising or soliciting, for any other commercial, political, or religious purpose, or to compete, either directly or indirectly with us.

 

  1. attempt, in any manner, to obtain the private key, password, account, or other security information from any other user, including such information about digital Wallet.

 

    1. By using or accessing the Services, you represent and warrant that you understand that there are inherent risks associated with cryptography, blockchain, and the underlying technologies, and you further agree that we, the community, and open-source code contributors are not responsible for any loss or damage associated with these risks.

 

    1. All of the above representations and warranties are true, complete, accurate and non-misleading from the time of your acceptance of these Terms. We reserve all rights and remedies against any users who breach these representations and warranties. Each of the representations and warranties under this Clause shall survive and continue to remain in full force and effect after the termination or the expiration of these Terms.

 

  1. Exclusion of Warranties

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MOVEZ; (B) MOVEZ DISCLAIMS ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING INFORMATION, CONTENT, FEATURES, OR MATERIALS CONTAINED THEREIN; (C) MOVEZ DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, FEATURES, OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, AVAILABLE, ACCESSIBLE, SAFE OR ERROR-FREE; (D) MOVEZ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; WHILE MOVEZ ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, MOVEZ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOVEZ OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN; AND (F) MOVEZ MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE

 

  1. Limitation of Liability

 

    1. NOTWITHSTANDING ANY PROVISION WITHIN THESE TERMS AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS: (A) IN NO EVENT SHALL US, OUR AFFILIATES, OR OUR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS OR REPRESENTATIVES BE LIABLE TO THE USER FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER SUCH WEBSITES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR OTHER SUCH WEBSITES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF YOUR CREDENTIAL INFORMATION, LOSS OR INTERRUPTION OF TECHNOLOGY, LOSS OF USE OF SERVICE OR EQUIPMENT, LOSS OF OPPORTUNITY, EVEN IF THE USER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER A THEORY OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MOVEZ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, ACTS OF GOD, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MOVEZ’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOVEZ, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED (100) US DOLLARS, WHICHEVER IS GREATER. WE WILL ALSO HAVE NO LIABILITY FOR ANY EMERGENCY AND/OR UNFORESEEABLE INCIDENTS RELATED TO YOUR USE OF OUR SERVICES ON THE MOVEZ PLATFORM SUCH AS STOLEN PRIVATE KEY, OR HACKED ACCOUNTS.

 

    1. To the furthest extent permitted by Applicable Laws, we take no responsibility and assumes no liability for User Content or for any loss or damage resulting therefrom, nor are we liable for any mistakes, defamation, slander, omissions, falsehoods, distress, libel, insult, obscenity, pornography, or profanity you may encounter when using our Services. Your access to and use of the Platform is at your own risk. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation that our Platform or Services will not contain any prohibited or unlawful Content.

 

    1. You hereby agree and acknowledge that the Platform may contain links to the third party platform or services that are not owned or even controlled by us, thus we will hold no responsibility for the Content or services, goods, or activities provided by such third party. You further agree that we have no liability directly or indirectly for any damage, loss, or consequence arising out of or in connection with the usage or reliance of any content, material, services available through such third party.

 

    1. To the furthest extent permitted by applicable law, you hereby agree that we shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against us for any such unauthorized copying or usage of the User Content, under any theory.

 

    1. Except as expressly provided in these Terms, and to the furthest extent permitted by Applicable Laws, us, or our Affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to:

 

      1. your use of, inability to use, or availability or unavailability of the Services, including any Third Party Services made available through the Services;

 

      1. the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programs, services, server, or other infrastructure relating to the Services;

 

      1. the Services being infected with any malicious code or viruses; or

 

      1. the failure of the Services to remain operational for any period of time.

 

    1. You are responsible for any mobile charges that may apply to your access to and use of the Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.

 

    1. To the furthest extent permitted by applicable law, any dispute you have with any third party arising out of your access to or use of the Services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our Affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

  1. Indemnification

 

    1. You irrevocably undertake the full responsibility of defending, indemnifying and holding harmless us, our Affiliates, licensors, shareholders, officers, directors, managers, agents, employees, or representatives from any and all losses, liabilities, claims, actions, damages, demands, proceedings, judgements, charges and expenses, (including, but not limited to, any reasonable attorney's fees or penalties imposed by judicial or regulatory authorities), arising out of or related to any violation of Applicable Laws, rights of any third party, or any breach of your obligations, representation and warranties under these Terms during your or any person’s use of or access to the Service by yourself or on your behalf.

 

    1. If you are obligated to indemnify us, or our Affiliates, shareholders, licensors, officers, directors, managers, employees, and agents, you agree to promptly notify us of any third party claim, and we reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and to determine whether we wish to proceed, or settle, and if so, on what terms or provisions, and you agree to cooperate with our defence of these claims.

 

    1. This defence and indemnification obligation shall survive these Terms and your use of the Service.

 

  1. Termination

 

  1. These Terms will be immediately terminated by discontinuing your use of or access to the Services and you agree to terminate the accessibility on the Platform.

 

  1. These Terms can be suspended or terminated without a notice from us if there is a reasonable ground for us to believe that you have breached any of these Terms, or if you do not comply with these Terms.

 

  1. We will notify you with the reason for termination or suspension by the Company unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, the Company or our Affiliates.

 

  1. The termination of these Terms will not prevent us from seeking remedies from you in the case where you have breached of these Terms before such termination. We will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.

 

  1. Any ongoing obligation to you as well as the terms regarding (i) intellectual property, (ii) Indemnification, (iii) Limitation of Liability, and (iv) any other terms designed to survive, shall survive any termination or expiration of these Terms for any reason.

 

  1. To the fullest extent permitted by Applicable Laws, your only remedy with respect to any dissatisfaction with: (i) the Services, (ii) any term of these Terms, (iii) any rule, policy, guideline or practice of the Company in operating the Services, or (iv) any content, data, or information transmitted through the Services, is to terminate your user account and to discontinue use of any and all parts of the Services.

 

  1. No Financial and Legal Advice

 

We are merely a technology platform, and is not your broker, intermediary, agent, or legal advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using the Platform or the Services. No communication or information provided to you by us is intended as or will be considered or construed as, the solicitation of an offer to buy, the investment advice, financial advice, legal advice, or any other sort of advice. All Services, transactions, and investments will be executed automatically based on the parameters of your consideration. You will be solely responsible for determining whether any Services, or investments are suitable and match your interests according to your judgement, objectives, circumstances, and risk tolerance. You will be solely responsible for any losses or liabilities therefrom.

 

Before executing any Service on the the Platform or purchasing Movez Tokens, you should consult with your independent financial, legal, or tax professionals. We will not be liable for the decisions you make to access, trade or stake through us.

 

  1. Notice/Announcement

 

Any notice, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to us at [•].

 

 

  1. Governing Law, Resolving Disputes, Arbitration and Class Action Waiver

 

PLEASE READ THIS SECTION CAREFULLY AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING A CLASS ACTION.

 

    1. Notice of Claim and Dispute Resolution Period

 

Please contact us first. We will seek to address your concerns without resorting to formal legal proceedings whenever possible. If you have a dispute with us, you should contact us, and a case number will be assigned. We will attempt to resolve your dispute internally as soon as possible. The Parties will agree to negotiate in good faith to resolve the dispute. Negotiation will remain confidential and subject to Applicable Laws protecting settlement discussions from use as evidence in any legal proceeding.

 

    1. Agreement to Arbitrate

 

The Parties agree that subject to Clause 16.1 above, any dispute, claim, or controversy between Parties that arises in connection with, or relating in any way, to these Terms, or to your relationship with us as an user of the Services (whether by contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by a mandatory final and binding individual arbitration rather than a class action, except as set forth below under Exceptions to the Agreement to Arbitrate. The Parties further agree that the arbitrator will have the exclusive power to rule on his/her jurisdiction, including, without limitation, any objections with respect to the existence, scope, or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court, including, if applicable, attorney fees, except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. The arbitration provisions set forth in this Section shall survive termination of these Terms.

 

    1. Arbitration Rules

 

Any dispute arising out of or in connection with these Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.

 

    1. Governing Law/Jurisdiction

 

  The governing law of the arbitration will be that of the Republic of Seychelles.

 

    1. Confidentiality

 

The Parties agree that the arbitration will be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration will not be disclosed to any non-parties except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to facilitate the arbitration. Notwithstanding the preceding, a party may disclose information to the extent that disclosure may be required to fulfil a legal duty, protect, or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive the termination of these Terms and any arbitration brought under these Terms.

 

    1.   Class Action Waiver

 

The Parties agree that any claims relevant to these Terms, or your relationship with us will be brought against the other party in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. The Parties further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the furthest extent permissible by Applicable Laws. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties involved.

 

    1. We reserve the right to update, modify, revise, suspend, or make future changes to Clause 16.2 regarding the Parties' Agreement to Arbitrate, subject to Applicable Laws. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Clause is up to date. Subject to Applicable Laws, your continued use of your the Platform’s account will be interpreted as your acceptance of any modifications to this Clause regarding the Parties' Agreement to Arbitrate. You agree that if you object to the modifications to this Clause, we may block access to your account pending closure of your account. In such circumstances, these Terms prior to modification will remain in full force and affect the pending closure of your accessibility.

 

  1. Miscellaneous

 

    1. Severability

 

If any of the provisions in these Terms is found by a court of competent authority to be invalid, void, unlawful or unenforceable under Applicable Laws, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole, and such provisions will be deleted without affecting the remaining provisions herein.

 

    1. Variation of Terms

 

We have the right to revise these Terms at our sole discretion at any time, and by using the Platform, you will be expected to review such Terms regularly to ensure that you understand all provisions stipulated in these Terms.

 

    1. Assignment

 

We will be allowed to assign, transfer, and subcontract our rights and obligations under these Terms without the need to provide you any notification or acquire your consent. Nevertheless, you will not be permitted to assign, transfer, or subcontract any of your rights and obligations under these Terms.

 

    1. Entire Agreement

 

These Terms, including the Privacy Policy and any rules contained on the the Platform, constitute the sole and entire agreement between the Parties with respect to your use of the the Platform, and supersedes other prior or contemporaneous negotiations, discussions, agreements, understandings, representations, and warranties, both written and oral, between the Parties with respect to such subject matter.

 

    1. No Third Party Rights

 

Nothing in these Terms will be deemed to create any rights to any creditors or other persons, not a party hereto. In addition, these Terms will not be construed in any respect to be a contract, in whole or in part, for the benefit of any third parties.

 

    1. Clickwrap

 

We may deliver the Service through electronic means such as download links, graphical, Tools or other technologies for providing the Service for users. The user interfaces to such electronic means may require that the users agree to these Terms by checking a box, clicking a button, or continuing with the Services, the user complying through such actions shall become a Party to these Terms. Such an action of acceptance shall be sufficient to bind the users to the terms and conditions herein these Terms.

 

    1. Waiver

 

The failure of one Party to require the performance of any provision will not affect that Party's right to require performance at any time thereafter. At the same time, the waiver of one Party to seek recovery for the other Party's violation of these Terms of any provisions of applicable terms will not constitute a waiver by that Party of any subsequent breach or violation by the other Party or of the provision itself.

 

  1. Risk Exposure

 

By accessing or using  the Services, you expressly acknowledge and assume the following risks:

 

    1. Risk of loss in value

 

Tokens or any Digital Assets are not issued by any central banks or national, supra-national, or quasi-national organizations. They are also not backed by any hard assets or other credit. The value of tokens or any Digital Assets is affected by several factors, including but not limited to, the total number of tokens or any Digital Assets in existence, the continued willingness of market participants to exchange government-issued currency for tokens or digital assets, purchasers' expectations with respect to the rate of inflation of fiat currencies, purchasers' expectations with respect to the rate of deflation of cryptocurrencies, interest rates, currency exchange rates, cyber theft of cryptocurrencies from online digital wallet providers, or news of such theft from such providers or individuals' digital wallets, investment and trading activities of large investors, monetary policies of the governments, trade restrictions, currency devaluations and revaluations, regulatory measures, the global or regional political, economic or financial events and situations. Thus, all these factors will affect the value of tokens or Digital Assets, which may result in the permanent partial or total loss of the value of Movez Tokens, a particular tokens or Digital Asset you hold in your Wallet. No one will be obliged to guarantee the liquidity or the market price of any of the tokens or Digital Assets maintained into your Wallets. The volatility and unpredictability of the value of tokens or Digital Assets relative to the government-issued currency may result in a significant loss over a short period of time.

 

    1. The regulatory regime governing tokens or Digital Assets

 

The regulatory framework relating to tokens or Digital Assets remains unsettled, and any laws, regulations, or guidelines may be significantly revised and amended which will materially and adversely affect the value of tokens or Digital Assets and your services on the Platform.

 

    1. Technical and system failure affected the obligations stipulated in these Terms may experience system failures, unplanned interruptions in its network or any blockchain network, the Services, hardware or software defects, security breaches or other causes that could adversely affect our infrastructure network and the Services.

 

We are unable to anticipate the occurrence of hacks, cyber-attacks, mining attacks, including but not limited to double-spend attacks, majority mining power attacks and selfish-mining attacks, distributed denial of service attacks or errors, vulnerabilities or defects on the Services, the Platform, Movez Tokens, users' Wallets or any technology, including but not limited to smart contract technology. Also, we are unable to detect the hacks as mentioned earlier, mining attacks, cyber-attacks, distributed denials of service errors vulnerabilities, or defects in a timely manner and does not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession.

 

In addition, our network or the Services could be disrupted by numerous events, including natural disasters, equipment breakdown, network connectivity downtime, power losses, or even intentional disruptions of its services, such as disruptions caused by software viruses or attacks by unauthorized users, some of which are beyond our control. Although we have taken steps and used its best endeavour against malicious attacks on its appliances or its infrastructure, which are critical for the maintenance of the Platforms and the Services, there can be no assurance that cyber-attacks, such as distributed denials of the Service, will not be attempted in the future, and that our enhanced security measures will be effective. Any significant breach of our security measures or other disruptions resulting in a compromise of the usability, stability and security of our network or the services, may adversely affect Movez Tokens.

 

    1. We will have no liability for any delay, error, interruption, or failure to perform any obligation under these Terms where the delay or failure is directly or indirectly resulting from any causes beyond our control, including, but not limited to:

 

      1. Acts of God, nature, court or government;

 

      1. Failure or interruption of public or private telecommunication networks, failure of any blockchain network, communication channels or information systems;

 

      1. Acts or omission of a party for whom we are not responsible;

 

      1. Delay, failure, or interruption in, or unavailability of, third party services;

 

      1. Strikes, lockouts, labour disputes, wars, conflicts, terrorist acts and riots; and

 

      1. Infringement, violation, or misappropriation of any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

 

    1. We will have no liability for any User Content, including statements or representations therein, posted or stored on the Services. We don’t endorse any User Content, including its opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. To the furthest extent permitted by Applicable Laws, we reserve the right to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms or Applicable Laws, and you are solely responsible for creating backup copies of and replacing any User Content you posted or stored on the Services at your own expenses. Any access to and use of the Services in violation of these Terms and may result in, among other things, modification, suspension, or termination of your rights to access or use the Services.

 

    1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE PLATFORM IS COMPLETELY AT YOUR OWN RISK. THIS CLAUSE IS NOT EXHAUSTIVE AND DOES NOT DISCLOSE ALL THE RISKS ASSOCIATED WITH THE USE OF SERVICES. THEREFORE, YOU ARE RECOMMENDED TO CAREFULLY CONSIDER WHETHER SUCH USE IS SUITABLE FOR YOU IN LIGHT OF YOUR JUDGEMENT, CIRCUMSTANCES, AND FINANCIAL POSITION.