Terms of Use

Last updated: 07 October 2024

AGREEMENT TO OUR LEGAL TERMS

We are World Media Group Limited ("Company", "we", "us" or "our"), a company registered in the Republic of Seychelles. We operate the website POPG.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and World Media Group Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. THE SERVICES

  1. 1.1 The Site shall comprise the following services:
    • • The sale of POPG Tokens (the “Sale”), an ERC20 blockchain asset that is programmed using a smart contract that is compatible with the Ethereum blockchain (the “Tokens”, “POPG Tokens” or “Digital Assets”).
    • • Any incentive programme(s) (including but not limited to any kind of reward, cashback, Lock up, or referral programmes) that may be launched or offered via Site from time to time where permitted under Applicable Law.
    • • Any other products or services listed in the Annexes (if any) or shown on the Site or our official communication channel from time to time.
  3. 1.2 You may also access some services and products which are offered by entities or companies directly or indirectly controlling, controlled by, or under direct or indirect common control with us (the “Affiliates”) via the Site. Such services and products are governed by separate sets of terms and conditions.
  4. 1.3 Subject to Applicable Law, we reserve the right, and without liability to you, to
    • • Update, change, remove, cancel, suspend, disable, or restrict access to or discontinue the Site, or change any features, components, or content thereof, or to delist from the Site or otherwise cease to support of the Tokens.
    • • Decline, suspend, cancel, reverse, void, or partially execute any Sale instruction.
    • • Reverse, cancel, clawback, change any terms, or refuse to honour any reward, bonus, or payout for any incentive programs, regardless of your entitlement, including but not limited to any reason specified in "PROHIBITED ACTIVITIES" below.
  6. 1.4 Subject to Applicable Law, we reserve the right to suspend, restrict, or terminate your access to any or all of our Services and to deactivate your account, including, without limitation:
    • • Where it is our reasonable opinion that we are required to do so by applicable law or any court or other adjudicating authority to which we are subject in any jurisdiction.
    • • Upon reasonable suspicion that you may be in breach of these Legal Terms or are otherwise trying to circumvent these Legal Terms, such as by opening multiple accounts or abusing any of our incentive schemes.
    • • Upon reasonable suspicion that a transaction is fraudulent or erroneous.
    • • Upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorized manner.
    • • Upon reasonable suspicion of money laundering, terrorist financing, fraud, or any other financial crime.
    • • Upon reasonable suspicion that you are conducting any fraudulent or illegal activities, including but not limited to any Ponzi scheme, pyramid scheme, phishing, or darknet transactions.
    • • Where any of your digital asset wallets used to transact in the Sale (the “Digital Asset Wallets”) or you are subject to pending litigation, investigation, or government proceedings.
  8. 1.5 In the event that we decide to suspend, restrict, or terminate your access to our Services in accordance with the provisions of this Clause 1, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions, restrictions, or terminations from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed, or terminated transactions at the same price or on the same terms.
  9. 1.6 Clause 1.2 above may occur to all or any specific group or any individual user of the Site. We do not guarantee that any specific content, component, and/or feature will always be available on the Site.
  10. 1.7 You understand and agree that we may engage any third-party service provider or subcontractor to perform any or all of the services provided hereunder. We shall not be liable for any delay, loss, or damage of any kind incurred from any services provided by any third-party service provider or subcontractor engaged by us. All claims in connection with the act of any third-party service provider or subcontractor shall be brought solely and directly against such party and/or its agents. Our sole liability in relation to the services provided by any third-party service provider or subcontractor shall be limited to the use of reasonable care in the selection of such party.

2. INTELLECTUAL PROPERTY RIGHTS

  1. 2.1 We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
  2. 2.2 Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services; and download or print a copy of any portion of the Content to which you have properly gained access. solely for your personal, non-commercial use or internal business purpose.
  3. 2.3 Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  4. 2.4 If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to us. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
  5. 2.5 We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
  6. 2.6. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
  7. 2.7 For your submissions and contributions, please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
    1. 2.7.1 Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
    2. 2.7.2 Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
    3. 2.7.3 You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
    4. 2.7.4 When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
    5. 2.7.5 This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
    6. 2.7.6 You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
      • • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
      • • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
      • • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
      • • warrant and represent that your Submissions and/or Contributions do not constitute confidential information. You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
    8. 2.7.7 We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

3. PROHIBITED ACTIVITIES

  1. 3.1 Prohibited Uses
    • You agree that you will not use the Site to engage in the following activities:
      • • Activities that violate any law, statute, ordinance, or regulation.
      • • Activities that relate to transactions involving narcotics, steroids, certain controlled substances or other products that pose a risk to consumer safety, drug paraphernalia, items that encourage, promote, facilitate or instruct others to engage in illegal activity, stolen goods, including digital and virtual goods, items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, items that are considered obscene, items that infringe or violate any copyright, trademark, right of publicity, or privacy, or any other proprietary right under the law of any jurisdiction, certain sexually oriented materials or services, ammunition, firearms, or certain firearm parts or accessories, or weapons regulated under Applicable Law.
      • • Activities that relate to transactions involving the offer or receipt of payments for the purpose of bribery or corruption.
      • • Activities that involve the use of any means to gain unauthorised access to the Site, the Services, or any related networks, including hacking, phishing, or the distribution of malware.
  3. 3.2 Abusive Behaviour
    • You must not engage in abusive behaviour toward any of our representatives, including any form of harassment, threats, or offensive conduct.
  5. 3.3 Fraudulent or Deceptive Activities
    • You are prohibited from engaging in fraudulent, deceptive, or manipulative acts, including any activities that violate our market integrity rules or that misrepresent or conceal the truth about transactions conducted via the Site.

4. ONBOARDING

  1. 4.1 By signing up to use the Site, you represent and warrant that:
    • • You are at least eighteen (18) years of age or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power, and authority to accept these Legal Terms.
    • • You have the full right, power, and authority to agree to these Legal Terms.
    • • You are not a resident or a tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which we have notified as being subject to prohibitions or restrictions on accessing or using the Site.
    • • You are not a resident or tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Legal Terms or the delivery, holding, use, or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration, or approval of any kind.
    • • You are not currently registered as a user of the Site.
    • • You are not impersonating any other person, operating under an alias, or otherwise concealing your identity.
    • • You are not located in, under the control of, or a national or resident of:
      • (i) any international sanctioned countries;
      • (ii) any country to which the United States has embargoed goods or services; and
      • (iii) are not identified as a "Specially Designated National" by the Office of Foreign Assets Control of the U.S. Department of the Treasury.
    • • You are not placed on the U.S. Department of Commerce Bureau of Industry and Security's Denied Persons List.
    • • You will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Legal Terms.
    • • You will use our Services solely for your own personal use only and not for any commercial or business purposes.
    • • You are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person, or legal entity.
    • • You are the beneficial owner of (or if you are acting as a trustee, the legal owner) of any the Digital Asset or fiat currency subject to these Legal Terms and forming the subject matter of the Services.
    • • You are compliant with all Applicable Law requirements to which you are subject, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements.
  3. 4.2 In order to use the Site, you must register as a user on the Site and provide us with all information and/or documents requested by us. Except where permitted by Applicable Law, all information and documents must be in the English language (including such information and/or documents as may be required by us from time to time for compliance with Applicable Laws) in order to process your registration. Except as permitted by Applicable Law, we shall not be responsible for the translation of any non-English documents and shall not be obliged to process or review any documents that are not in the English language.
  4. 4.3 You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of the Site, including but not limited to identifying you, authenticating your identity, validating your funding sources or transactions, or verifying your source(s) of income and/or wealth. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments, or verifying your information against third-party databases or through other sources.
  5. 4.4 We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate, or limit your use of the Site or your account, and/or to change the eligibility criteria for registration or use of the Site at any time.
  6. 4.5 We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Legal Terms, you acknowledge and agree that we or a third party on our behalf will carry out such verifications.
  7. 4.6 You hereby represent and warrant that any and all information provided to us, our Affiliates, or any of our third-party service providers is always complete, accurate, and up-to-date in all respects, and that in the event that such information ceases to be complete, accurate, and up-to-date, you shall provide us, our Affiliates, and third-party service providers with such revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or in the course of your engagement with the Site. If at any time we believe that your information is incomplete, outdated, or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up-to-date information may result in your inability to or adversely affect your use of the Site. You undertake to indemnify us, our Affiliates, and any third-party service providers for any and all losses incurred as a result of your failure to provide complete, accurate, and up-to-date information at any point prior to and following the termination of the Site’s Services.
  8. 4.7 At the time you sign up for the Site or at any time in the future after signing up for the Site, you authorize us to undertake electronic identity verification checks on you, either directly or by using relevant third-party service providers.
  9. 4.8 Notwithstanding any Legal Terms hereunder or your successful completion of the signing-up process in accordance with Clause 4.2 above, you acknowledge and agree that certain types of users are specifically prohibited from using certain features within the Site.

5. SALE OF TOKENS

  1. 5.1 Sale and Purchase
    1. 5.1.1 The Company has provided specific procedures on how you may seek to purchase Tokens through the Site. By purchasing Tokens, you acknowledge, agree to, and have no objection to such procedures and specifications. You further acknowledge and agree that failure to properly use the Site and follow such procedures, including the submission of all required documentation, may result in a rejection of your purchase and you not receiving any Tokens. Unauthorised access or use of the Site or the receipt or purchase of Tokens through any other means are not sanctioned or agreed to in any way by us. Purchaser should take great care to verify the accuracy of the universal resource locator for the Site used to purchase Tokens.
    2. 5.1.2 Subject to Legal Terms, set forth herein, the Company agrees to sell the Tokens to you for the price listed on the Site at the time of purchase and deliver the Tokens to the same Digital Asset Wallets used for the transactions.
  3. 5.2 No Claim, Loan or Ownership Interest
    • Except as otherwise expressly set forth herein, the purchase of Tokens:
      1. (i) does not provide you with rights of any form with respect to the Company or its revenues or assets, including, without limitation, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property) or other financial or legal rights;
      2. (ii) is not a loan to Company; and
      3. (iii) does not provide you with any ownership, equity, or other interest in the Company.
  5. 5.3 No Investment Advice
    • 5.3.1 You acknowledge that the Company is not providing any investment advice or recommendations.
    • 5.3.2 You understand and agree that the Tokens is not an investment product and that the Company makes no guarantees or representations regarding the future value of the Tokens.
  7. 5.4 General Risks
    • 5.4.1 Please note that all transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Assets transfers to and from external wallet addresses that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.
    • 5.4.2 In any transfer of Digital Assets, there is always a risk that the Digital Assets can be lost due to the collapse of the community that supports Digital Asset transfers or the failure or bankruptcy of the issuers and/or managers of that Digital Asset. In such scenarios, your Digital Assets could lose significant value and/or be lost altogether.
    • 5.4.3 he risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control.
    • 5.4.4 We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of Digital Assets, including graphs displayed within the Site showing the price fluctuations of Digital Assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the Site was delayed, suspended, or interrupted for any reason.
    • 5.4.5 We do not provide investment advice, tax advice, financial advice, or any other professional advice, and any content on the Site should not be considered as such advice or a substitute for tailored investment or financial advice. The contents of the Site do not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The contents of the Site should not be used as a basis for making investment decisions and should not be construed as an attempt to market or promote any type of Digital Asset.
  9. 5.5 Sanctions Compliance; Anti-Money Laundering; Funds and Payments
    • 5.5.1 Sanctions Compliance
    • Neither you, nor any person having a direct or indirect beneficial interest in you or Tokens being acquired by you, or any person for whom you are acting as agent or nominee in connection with Tokens, have been or are
      1. (i) the subject of sanctions administered or enforced by the United States (including without limitation the U.S. Department of the Treasury’s Office of Foreign Asset Control), the United Kingdom, the European Union or any other Governmental Authority (collectively, “Sanctions”),
      2. (ii) organized or resident in a country or territory that is the subject of country-wide or territory-wide Sanctions, or (iii) otherwise a party with which the Company is prohibited from dealing with under applicable Laws.
    • 5.5.2 Anti-money Laundering; Counter-Terrorism Financing
      • To the extent required by applicable Laws, you have complied and will continue to comply with all anti-money laundering and counter-terrorism financing requirements.
    • 5.5.3 Funds and Payments
      • The funds, including any fiat, virtual currency or cryptocurrency, you use to purchase Tokens are not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing, and you will not use, or permit the use of, Tokens to finance, engage in or otherwise support any unlawful activities. All payments by or on behalf of you will be made only in your name, from a digital wallet or bank account not located in a country or territory that has been designated as a “non-cooperative country or territory” by the Financial Action Task Force, and is not a “foreign shell bank” within the meaning of the U.S. Bank Secrecy Act (31 U.S.C. § 5311 et seq.), as amended, and the regulations promulgated thereunder by the Financial Crimes Enforcement Network, as such regulations may be amended from time to time.

6. FEES, TAXES AND CHARGES

  1. 6.1 You acknowledge and agree that you are responsible for any fees, costs, and charges relating to your use of the Site, including but not limited to fees associated with the Sale of the Tokens.
  2. 6.2 The Company reserves the right to charge fees for the use of the Site, and we may, upon reasonable prior notice to you via the Site, amend our fees. Any changes to our fees will be effective as of the date set forth in our notice to you.
  3. 6.3 You agree to pay all applicable taxes, duties, or fees that are incurred, required to be collected, paid, or withheld for any reason in connection with your use of the Site under any Applicable Law.

7. ACCOUNT SECURITY

  1. 7.1 Maintaining Security
    • You are solely responsible for maintaining the confidentiality and security of your Digital Asset Wallets and account, including your username, password, and any other credentials used to access the Site. You are also responsible for maintaining adequate security and control of any and all devices, private keys, passwords, personal identification numbers (PINs), and any other codes that you use to access the Site
  3. 7.2 Unauthorized Access
    • If you believe that your account or any of your security credentials have been compromised, you must immediately contact and notify us of the unauthorized access. You are also required to take immediate steps to protect your account by resetting your credentials and updating your security settings.
  5. 7.3 Responsibility for Unauthorized Transactions
    • The Company shall not be liable for any losses arising from unauthorized access to or use of your account due to your failure to secure your account and credentials adequately.

8. TERMINATION AND SUSPENSION

  1. 8.1 Termination Rights
    • The Company reserves the right to terminate, suspend, or restrict your access to any or all of the Site, at its sole discretion, without prior notice, if:
      • • You violate any of these Terms.
      • • You engage in any conduct that we believe is fraudulent, illegal, or harmful to our reputation or that of any third party, including any acts of fraud, embezzlement, money laundering, terrorist financing, or any other financial crime.
      • • You provide us with false, incomplete, inaccurate, or misleading information at any time.
      • • You fail to comply with any requests from us, including requests for additional information.
      • • We have reasonable suspicion that your account or activity is associated with any violation of our market integrity rules or any other prohibited activities set forth in these Legal Terms.
      • • We are required to do so by a valid subpoena, court order, or binding order of a governmental authority.
  3. 8.2 Effect of Termination
    • Upon termination of your access to any of the Site, these Legal Terms shall immediately cease to have effect with respect to your access and use of the affected Services.
  5. 8.3 No Liability for Termination
    • The Company shall not be liable to you for any termination, suspension, or restriction of your access to the Site or your account under these Legal Terms.

9. THIRD-PARTY WEBSITES AND CONTENT

  • 9.1 The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
  • 9.2 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
  • 9.3 You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
  • 9.4 Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
  • 9.5 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites

10. LIMITATION OF LIABILITY

  1. 10.1 No Warranties
    • To the maximum extent permitted by Applicable Law, the Site and all content, functions, materials, and information made available on or accessed through the Site, are provided on an “as is,” “as available,” and “with all faults” basis without warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, or system integration.
  3. 10.2 Exclusion of Liability
    • To the maximum extent permitted by Applicable Law, the Company, its Affiliates, and their respective directors, officers, employees, agents, and third-party service providers shall not be liable for any damages of any kind, including without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive, or other losses or damages (including loss of profits, loss of revenue, loss of data, or loss of use), whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages, arising from or related to:
      • • Your use of or inability to use the Site.
      • • Any act, omission, or default of any of our third-party service providers or partners..
      • • Any interruptions, delays, or failures in the Site.
      • • Unauthorized access to your account.
      • • Any inaccuracies or errors in the information provided by us.
      • • Any loss of or inability to access your Digital Assets or funds.
  5. 10.3 Force Majeure
    • The Company shall not be liable for any delay or failure to perform any obligation under these Legal Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, civil unrest, governmental action, embargoes, labour strikes, power failures, equipment or software failures, or other similar causes.
  7. 10.4 Cumulative Liability
    • To the extent that any liability cannot be excluded or limited by law, the total cumulative liability of the Company under or in connection with these Legal Terms shall be limited to the greater of:
      1. (i) the total amount of fees received by us in connection with your use of the Site in the 12 months preceding the date of the first claim brought against us, or
      2. USD 100.

11. INDEMNIFICATION

  1. 11.1 Your Obligations
    • You agree to indemnify, defend, and hold harmless the Company, its Affiliates, and their respective directors, officers, employees, agents, and third-party service providers from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to:
      • • Your access to or use of the Site.
      • • Your violation of these Legal Terms or any Applicable Law.
      • • Your violation of any rights of any third party.
      • • Any disputes or issues between you and any third-party service provider.
      • • YYour breach of any representations, warranties, or covenants under these Legal Terms.
  2. 11.2 Notice of Claims
    • The Company reserves the right to assume control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

12. AMENDMENTS TO THESE LEGAL TERMS

  1. 12.1 Amendments
    • The Company reserves the right to amend, modify, or update these Legal Terms at any time and in its sole discretion. Any changes to these Legal Terms will be posted on the Site and will take effect immediately unless otherwise specified. It is your responsibility to review these Legal Terms regularly. Your continued use of the Site following any amendments constitutes your acceptance of the amended Legal Terms.
  3. 12.2 Notification of Changes
    • Where required by Applicable Law, we will provide you with reasonable advance notice of any material changes to these Legal Terms via the Site, email, or other appropriate communication channels.

13. GENERAL PROVISIONS

  1. 13.1 Entire Agreement
    • These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, between you and us.
  3. 13.2 Severability
    • If any provision of these Legal Terms is found to be invalid, illegal, or unenforceable, the remaining provisions of these Legal Terms will remain in full force and effect, and the invalid, illegal, or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  5. 13.3 Waiver
    • No waiver of any term, provision, or condition of these Legal Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, provision, or condition of these Legal Terms.
  7. 13.4 Assignment
    • You may not assign or transfer any rights or obligations under these Legal Terms without the prior written consent of us. We may assign or transfer its rights or obligations under these Legal Terms, in whole or in part, at any time without notice to you.
  9. 13.5 Governing Law
    • These Terms shall be governed by and construed in accordance with the laws of Republic of Seychelles, without regard to its conflict of laws principles.
  11. 13.6 Dispute Resolution
    • Any disputes arising out of or related to these Legal Terms shall be resolved by arbitration governed by the Commercial Code of Seychelles. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding.
  13. 13.7 Notices
    • All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand, (b) when sent by facsimile (with confirmation of transmission), (c) one (1) business day after being sent by email, or (d) three (3) business days after being mailed by certified or registered mail, return receipt requested, postage prepaid.
  15. 13.8 Contact Information
    • If you have any questions, complaints, or concerns regarding these Legal Terms or the Site, you may contact us at [email protected].