Terms of Use

This document constitutes an agreement or the terms of service (“Terms”) between you and Hecksow LLC, 30 N Gould St Ste R Sheridan, WY 92801its subsidiaries, and affiliates, (“Hecksow”, “Company,” “we,” “us,” and “our”) that governs the relationship between you and the Company with respect to your use of the Online Services. The Company provides access to the Online Services and any related services subject to your compliance with these Terms. Thus, it is important that you carefully read and understand these Terms.

1.      GENERAL TERMS
  1. Subject to full compliance with these Terms, the Company shall allow access to and use of their Service Platforms along with various other functionalities, accessible via the service platform  website and Hecksow applications available via the Google Play and Apple Store, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website” or “Platforms”), along with certain other products and services as more particularly enumerated hereinafter (collectively “Online Services” and individually each an “Online Service”). This limited license given to you by the Company to access and use Online Services is revocable, non-sub licensable and non-exclusive.
  2. By accessing the Platforms, completing the account registration process, and using the Platforms, you confirm that you understand and agree to these Terms, together with any documents that may be expressly referred to and are incorporated by reference. Any new features or tools which are added to the Platforms shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Platforms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
  3. You further agree to be bound by the Privacy Policy  that governs how Hecksow handles your personal data.
  4. These Terms constitute a legal agreement between you and the Company and govern your access to and use of the Platforms, including any content, functionality, and services offered on it. The Company reserves the right to change or modify these Terms at any time and at our sole discretion. You agree and understand that by accessing or using the Platforms following any change to these Terms, you are regarded as having agreed to the revised Terms.
2.      ONLINE SERVICES
  1. The Online Services consist of access to the Platforms that collectively provide our service platforms. Our Platforms harnesses the power of Ethereum smart contracts (“Smart Contracts”) to deliver a seamless and secure user experience. With the Platforms, you can create, upload, and edit a wide range of content, while networking with other users, and earning rewards for creating content. By utilising blockchain technology, we ensure that your content and interactions are stored on an immutable ledger, safeguarding their integrity and preventing unauthorized alterations.
  1. Hecksow further offers cryptographic ERC-20 tokens as a part of its Online Services, which will be used to facilitate commerce on the Platforms (“HKW Token”). For more details on the HKW Token, please refer to the Whitepaper available here.
  1. [TO BE POPULATED]

WE ARE ONLY WILLING TO MAKE THE PLATFORMS AND THE SMART CONTRACTS AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE PLATFORMS, THE SMART CONTRACTS, AND ANY OTHER ONLINE SERVICES, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORMS AND THE SMART CONTRACTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The information on the Platforms and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Platforms and the Smart Contracts while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when applicable. The Company shall not be liable for any loss of data, cryptocurrency and tokens, NFTs or penalties faced due to non-compliance by you with the local laws applicable to you. The Company reserves the right to cancel or suspend your account if it comes to our notice that your usage of the Online Services is in violation of any laws applicable to you, or upon request from any local law enforcement authorities.

The Platforms and the Smart Contracts are intended for users who are at least [·] years old. People under the age of [·] are not permitted to use or register for the Platforms and the Smart Contracts.

Except as expressly permitted above, any use of any portion of the Online Services without the prior written permission of the Company is strictly prohibited and will terminate the licence granted herein. Any such unauthorised use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise.

3.      INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platforms and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the the Platforms and the Smart Contracts (collectively, the “Content”) and trademarks, service marks and logos contained therein (the “Marks”) are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights under the laws of New Zealand, foreign jurisdiction and international conventions. Except as expressly provided in these Terms, no part of the Platforms and the Smart Contracts 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. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Content, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application).

Provided that you are eligible to use the Platforms and the Smart Contracts you are granted a limited license to access and use the Platforms or to download a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platforms, the Smart Contracts, the Content, and the Marks.

4.      USER REPRESENTATIONS

By using the Platforms and the Smart Contracts, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you are legally entitled to access, purchase, sell, trade, stake or perform any other function with NFTs and cryptocurrencies, according to laws or regulations applicable to you; (6) you will not access the Platforms and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. Except as expressly mentioned herein; (7) you will not use the Platforms and the Smart Contracts for any illegal and unauthorized purpose; and (8) your use of the the Platforms and the Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platforms and the Smart Contracts (or any portion thereof); (9) you (a human being) will only use one in-game account to earn tokens in any 24-hour period;  (10) you have not been included in any trade embargoes or economic sanctions list (such as United Nations Security Council sanctions list), the United States of America sanctions list, the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the United States Department of the Treasury), or the denied persons or entity list of the United States Department of Commerce. (11) Third-party providers we work with, may store the IP address you use to access the site.

Company reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of Online Services in certain countries or regions.

5.      USER REGISTRATION

You may be required to register with the Platforms and the Smart Contracts. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6.      PROHIBITED ACTIVITIES

You shall not-

  1. Access or use the Platforms and the Smart Contracts for any purpose other than that for which we make the Platforms and the Smart Contracts available. The Platforms and the Smart Contracts may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with the Company.
  2. Systematically retrieve data or other content from the Platforms and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  3. Make any unauthorized use of the Platforms and the Smart Contracts, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  4. Use a buying agent or purchasing agent to make purchases on the Platforms and the Smart Contracts.
  5. Use the Platforms and the Smart Contracts to advertise or offer to sell goods and services.
  6. Circumvent, disable, or otherwise interfere with security-related features of the Platforms and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platforms and the Smart Contracts and/or the Content contained therein.
  7. Engage in unauthorized framing of or linking to the Platforms and the Smart Contracts.
  8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  9. Make improper use of our support services or submit false reports of abuse or misconduct.
  10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  11. Interfere with, disrupt, or create an undue burden on the Platforms and the Smart Contracts or the networks or services connected to the Platforms.
  12. Attempt to impersonate another user or person or use the username of another user. Sell or otherwise transfer your profile.
  13. Use any information obtained from the Platforms and the Smart Contracts in order to harass, abuse, or harm another person.
  14. Use the Platforms and the Smart Contracts as part of any effort to compete with us or otherwise use the Platforms and the Smart Contracts and/or the Content for any revenue-generating endeavour or commercial enterprise.
  15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platforms and the Smart Contracts.
  16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Platforms and the Smart Contracts.
  17. Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platforms and the Smart Contracts to you.
  18. Delete the copyright or other proprietary rights notice from any Content. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platforms and the Smart Contracts.
  20. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  21. Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platforms and the Smart Contracts, or using or launching any unauthorized script or other software.
  22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platforms and the Smart Contracts. Use the Platforms and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.
7.      FEE AND PAYMENT

Any purchases from the Platforms will be done through smart contracts on a blockchain using a wallet like Metamask or other wallet. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet such as MetaMask or any other suitable wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Platforms and the Smart Contracts, or any other transactions that you conduct via the Ethereum network.

Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Platforms and the Smart Contracts.

In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the Platforms, you authorize us to collect a fee of the total value of that transaction as stated on the Platforms (“Fee”). You acknowledge and agree that the Fee will be transferred directly to us as a part of the transaction.

As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Platforms (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or breeding of any of your assets). Except for income taxes levied on the Company , you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

8.      SUBMISSION

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platforms and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

9.      THIRD-PARTY WEBSITE AND CONTENT

The Platforms and the Smart Contracts may contain links to other websites (“Third-Party Websites”) as well as articles, photograph, 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 Platforms, or any Third-Party Content posted on, available through, or installed from the Platforms, 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. 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 Platforms 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 of these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platforms or relating to any applications you use or install from the Platforms and the Smart Contracts. Any purchase 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. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10.   TERMINATION

These Terms remain in full force and effect while you use the Platforms and the Smart Contracts. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORMS AND THE SMART CONTRACTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORMS AND THE SMART CONTRACTS OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11.   GOVERNING LAW

These Terms and your use of the Platforms and the Smart Contracts shall be exclusively governed by and constructed in accordance with the laws of [·] applicable to agreements made and to be entirely performed in the [·], without regard to its conflicts of law principles.

12.   DISPUTE RESOLUTION

12.1 Generally. In the interest of resolving disputes between you and Hecksow in the most expedient and cost-effective manner, and except as described in Section 12.2 and 12.5, you and Hecksow agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HECKSOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.2 Limited Survival Period for Dispute. Any dispute you may have in connection with the Service or any of the other matters contemplated by these Terms will survive for the shorter of, and may be brought against Hecksow solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.

12.3 Exceptions. Despite the provisions of Section 12.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

12.4 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after the date that you agree to these Terms by sending a letter to [*] that specifies: your full legal name, the email address associated with your Account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Hecksow receives your Opt-Out Notice, this Section 14 will be void and any action arising out of these Terms will be resolved as set forth in Section 11. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

12.5 Arbitrator. Any arbitration between you and Hecksow LLC will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting HECKSOW LLC. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

12.6 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified mail or a reputed international courier agency (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Hecksow’s LLC address for the Notice of Arbitration is: 30 N Gould St Ste R Sheridan, WY 92801. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Hecksow may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Hecksow must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Hecksow in settlement of the dispute prior to the award, Hecksow will pay you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.

12.7 Fees. If you commence arbitration in accordance with these Terms, Hecksow LLC will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence or billing address, but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non- appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence or billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Hecksow LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

12.8 No Class Actions. YOU AND HECKSOW LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HECKSOW LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

12.9 Modifications to this Arbitration Provision. If Hecksow makes any future change to this arbitration provision, other than a change to Hecksow’s LLC address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Hecksow’s LLC address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

12.10 Enforceability. If Section 12.8 or the entirety of this Section 12 is found to be unenforceable, or if Hecksow receives an Opt-Out Notice from you, then the entirety of this Section 12 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms.

13.   DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORMS AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE PLATFORMS AND THE SMART CONTRACTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING TTHE PLATFORMS AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE PLATFORMS AND THE SMART CONTRACTS, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORMS AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORMS AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORMS AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE PLATFORMS AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PLATFORMS AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORMS AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORMS, ETHEREUM NETWORK, OR THE METAMASK ELECTRONIC WALLET.

NFTs ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALISED LEDGER WITHIN THE NETWORK. THE COMPANY HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. THE COMPANY IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, THE METAMASK ELECTRONIC WALLET INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

14.   LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORMS AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 6 (SIX) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE PLATFORMS AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE PLATFORMS AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

15.   ASSUMPTION OF RISK

You accept and acknowledge each of the following:

  1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets or NFTs could materially and adversely affect the value of your assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of HKW tokens will not lose money.
  1. You are solely responsible for determining what, if any, taxes apply to your NFTs or HKW tokens related transactions. The Company is not responsible for determining the taxes that apply to your transactions on the Platforms and the Smart Contracts.
  1. The Platforms does not store, send, or receive the NFT or HKW tokens. This is because the assets exist only by virtue of the ownership record maintained on the Platform’s supporting blockchain on the network. Any transfer of the NFT or HKW tokens occurs only on the network.
  1. There are risks associated with using ant cryptocurrency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the network, however caused.
  1. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Platforms, and therefore the potential utility or value of the assets or NFT or HKW tokens.
  1. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platforms, and therefore the potential utility or value of the assets.
  1. Upgrades by the Company to the network may have unintended, adverse effects on all NFTs or HKW tokens.
16.   INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by third party due to or arising out of: (1) use of the the Platforms and the Smart Contracts; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms, (4) your violation of the rights of a third party, including but not limited to intellectual property rights, or (5) any overt harmful act toward any other use of the Platforms and the Smart Contracts with whom you connected via the Platforms and the Smart Contracts. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

17.   USER DATA

We will maintain certain data that you transmit to the Platforms and the Smart Contracts for the purpose of managing the performance of the Platforms and the Smart Contracts, as well as data relating to your use of the Platforms and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Platforms and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18.   MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Platforms and the Smart Contracts, or in respect to the Platforms and the Smart Contracts constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Platforms. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

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