Terms of use

These following Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and MIMBO for Speed Game (“we", “us", or “our") regarding your access to and use of the www.mimbo.io website and the MIMBO for Speed apps (WEB) as well as any other asset from social media channels, social networks, communities or mobile applications related, linked, or otherwise connected thereto (collectively, the “Site" and the “App"). MIMBO for Speed is a distributed application that is going to launch and run on the Binance Smart Chain (the "Blockchain"), using a specially-developed system called Smart Contract (the “Smart Contract”) to enable users to battle as well as own, trade car with different rarities. These assets can then be visualized on a website that the user can interact with the Site. The Smart Contract and the Site are collectively referred to in these Terms as the “App”. By using the App, users can manage their assets and use the Smart Contract to battle and trade with other App users.

WE ARE ONLY WILLING TO DISTRIBUTE THE APP, THE SMART CONTRACT, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACT, THE SITE, OR ANY ASSET-RELATED, OR BY CLICKING “I ACCEPT” BELOW AND IMPLYING YOUR ACCEPTANCE CHECKING IN THE TICK BOX, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF USE, THEN YOU ARE NOT ELIGIBLE FOR USING THE APP, THE SITE, AND THE SMART CONTRACT AND YOU MUST STOP ANY FORM OF USING OUR ASSETS IMMEDIATELY.

Supplemental terms and conditions or any type of additional documents that may be publicized on the Site, the App, and the Smart Contract at some points in the future will be eventually integrated with existing terms of use. We reserve our rights in our sole discretion to make any type of changes or modifications to these Terms of Use at any time and for any reason. You will be notified of any changes and are able to access them by updating the most up-to-date of these Terms of Use. However, it is not legally compulsory for us to notify and release changelogs pointing out such changes specifically. It is your responsibility to periodically review these Terms of Use to stay fully informed of updates. You will be subjected to and deemed as having awareness and acceptance of the changes in any revised Terms of Use by proceeding to use of the Site, the App, and the Smart Contract after such revised terms come into effect on a publicized date.

Information on the Site, the App, and the Smart Contract are not intended for distributing to or being used by any single person or entity in any jurisdiction or country where such distribution or use would be against its existing laws or regulations as well as any circumstance would subject us to any registration requirements within the territories of said jurisdiction or country. As a matter of fact, people who make their decisions to access the Site and/or the App from outside from our base country are deemed to have the understanding of doing so on their own choices and therefore are legally eligible for compliance with local laws, assuming they are applicable to them to some extent.

Our product is intended for users who are at least 18 years old. People under the age of 18 are not permitted to any form of using our assets including the Site, the App, and the Smart Contract. Such approaching people are asked to return immediately upon trying to access our product.

1/ INTELLECTUAL PROPERTY COPYRIGHT

Apart from other noted indications, the Site and the App and the Smart Contract are our proprietary properties as well as all source codes, databases, functionalities, softwares, website designs, audios, videos, texts, photographs, and graphics on the Site and the Apps (collectively, the “Content"). Trademarks, service marks, and logos (the “Marks") are owned and legally licensed to us, controlled by us, and are protected regarding registration of intellectual property copyright. Apart from uses stated and provided in these Terms of Use, no part of the Site, the App as well as the Smart Contract 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 purposes whatsoever, without asking for our legal approval.

Provided that you are eligible to use the Site, the App, and the Smart Contract, you are granted limited access to and use of the Site to download or print a copy of any portion of the Content regarding personal, non-commercial uses.

2/ USER REPRESENTATIONS

By using the Site, the App, and the Smart Contract, you represent yourself and agree that:

· (1) All registration information you submit is fully stated, true, accurate, and up-to-date;

· (2) You will maintain the accuracy of such given information and will be asked promptly to make updates whenever necessary;

· (3) You have the legal capacity and the thorough understanding of complying with these Terms of Use;

· (4) You are not a part of a minority community that practices laws and regulations which have nothing in common with ours;

· (5) You will not access the Site, the App, and the Smart Contract using automated and non-human means, whether it is a bot, script, or anything alike;

· (6) You will not use the Site, the App, and the Smart Contract for committing any illegal and unauthorized purpose;

· (7) Your use of the Site, the App, and the Smart Contract will not violate any existing given law or regulation. If you provide any information that is untruthful, inaccurate, not up-to-date, we have the right to suspend or terminate your accounts and refuse to approve your any action regarding any current or future activities of the Site, the App, and the Smart Contract.

· (8) You can only own one account attaching to one device at a time;

· (9) You are not on any blacklist of any organization for any reason including committing scams, fraud; illegal data exploiting, using third-party software for personal benefits; trying to gain access and damage our assets without our approval; and everything alike. If we find out any illegal activities, we will make a prompt intervention and resolve to legal means if necessary.

3/ USER REGISTRATION

You are required to register upon accessing the Site, the App, and the Smart Contract. You should have control over your password confidentiality and will be responsible for the use of your account and password.

By registering for a User Account, you warrant that all information and personal details you provide to MIMBO for Speed are correct. In addition, you acknowledge that you are aware that the Game can have an 18 years+ classification in certain jurisdictions and warrant that you are over 18 years of age. You may not transfer your registration or any rights you may have in your User Account to any other person or entity. For the avoidance of doubt, you acknowledge that you will have no ownership rights in your User Account.

You will be required to set a username for your User Account and as the case may be, other identifiers in relation to your access or use of MIMBO for Speed, the Website, Materials and Services (any such usernames or identifiers “Usernames”). Usernames may be viewable by other users of any of MIMBO for Speed, the Website, Materials and Services as applicable. You warrant that any Username you set or otherwise use shall comply with the Posting Policy.

MIMBO for Speed reserves the right without notice, explanation or liability to:

· restrict or remove your ability to freely set a Username;

· disallow any specific Username;

· edit any specific Username; and/or

· fully remove any Usernames from MIMBO for Speed, the Website or anywhere else related to the Materials and Services (including as part of the MIMBO for Speed’s gameplay) where they appear or are stored.

MIMBO for Speed reserves the right, acting at its sole discretion, to refuse to accept your registration request for a User Account. To the greatest extent permitted by law, MIMBO for Speed also reserves the right, acting at its sole discretion, at any time to cancel your registration and access to your User Account or to restrict, limit or otherwise change your existing rights of access to your User Account, or any specific feature or benefit afforded to you in relation to your User Account, including without limitation in respect of any Virtual Items (any such action a “Ban”), if it believes, at its sole discretion, that you have breached these Terms of Use or any other agreements between the Parties or for any other reason whatsoever. In such event you agree that MIMBO for Speed will not be required to provide you with prior notice or explanation in respect of such action. Unless notified otherwise by MIMBO for Speed within 10 calendar days of such Ban, any Ban by which your access to your User Account is fully cancelled shall be deemed as an immediate termination of this Agreement pursuant to Section 10. In an event of Ban, you agree that you will remain fully bound under the terms of this Agreement until its termination or expiry.

MIMBO for Speed may also, where it believes such action is necessary, without notice, block IP addresses of any users who MIMBO for Speed believes, at its sole discretion, have breached these Terms of Use.

You must keep all password and login information associated with your User Account confidential and not disclose such information to any third-party or allow a third-party access to your User Account without first obtaining MIMBO for Speed’s written consent. You will be solely responsible for all activities undertaken and/or costs incurred under the use of your password and login. You must notify MIMBO for Speed immediately if you know or suspect that your User Account has been accessed by a third-party or your login or password details have been, or may have been, obtained by a third-party.

You are solely responsible of ensuring that any process, devices and/or services you employ to access or use MIMBO for Speed or any of the Website, Materials and Services (in particular, without limitation, to acquire, hold, manage and sell NFTs) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system and/or any data contained therein. To the greatest extent permitted by law and without limiting the generality of Section 11, MIMBO for Speed excludes any liability for any interference or damage to your devices, computer system and/or any data contained therein in connection with your access or use of MIMBO for Speed or any of the Website, Materials and Services.

4/ WALLETS and DIGITAL ASSETS

MIMBO for Speed allows its users to access and manage BEP20 digital blockchain-based assets (“Digital Assets”). Your wallet, Digital Assets, and cryptocurrencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your wallets in any case.

MIMBO for Speed does not maintain any blockchain wallets. You hereby acknowledge and agree that MIMBO for Speed has no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.

5/ PROHIBITED ACTIVITIES

You may not access or use the Site, the App, and the Smart Contract for any purpose other than those for which we make the Site, the App, and the Smart Contract available. The Site, the App, and the Smart Contract may not be used in connection with any commercial activities if not approved by our legal teams in MIMBO for Speed Game.

Systematically retrieve data or other content from the Site, the App, and the Smart Contract to create or compile, directly or indirectly, a collection, compilation, database, or directory without our approval.

Make any unauthorized use of the Site, the App, and the Smart Contract, including collecting usernames and/or email addresses of registered users by using third-party software; creating user accounts by automated means including using bots or hiding presences by faking IP addresses.

Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.

Use the Site, the App, and the Smart Contract as assets to advertise and offer to sell personal goods and services not relating to MIMBO for Speed Game.

Circumvent, disable, or otherwise interfere with security-related features of the Site, the App, and the Smart Contract, including those that prevent or restrict the act of copying Content or enforcing limitations on the use of the Site, the App, and the Smart Contract.

Trick, defraud, or mislead us and other users with any attempt to get sensitive account information such as user passwords.

Making improper use of our support services or submit false reports.

Committing acts of using automated means or AI to interfere with our assets, such as using scripts to send comments or messages, or using any data mining tools, robots, data extraction tools, and alike.

Interfering with or creating interruption on the Site, the App, the Smart Contract, the networks or services related to the product.

Attempting to impersonate another user or person; using the username of another user.

Selling or transferring your game account.

Using any information obtained from the Site, the App, and the Smart Contract in order to harass, abuse, or harm another person.

Using the Site, the App, and the Smart Contract as a part of an effort to compete with us; using the Site, the App, and the Smart Contract or every product-related things commercial purposes.

Deciphering, decompiling, disassembling, or interfering mechanically any of the software parts or assets of the Site, the App, and the Smart Contract.

Attempting to bypass any measures designed to prevent or restrict access to the Site, the App, and the Smart Contract.

Harassing, intimidating, or threatening our employees or agents whose jobs are to provide any portion of the Site, the App, and the Smart Contract to you directly.

Copying and making use of the Site’s frontend codes, including but not limited to Flash, PHP, HTML, JavaScript, and others.

Uploading or transmitting viruses, Trojan horses, or anything alike, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with our product’s intentional original works. Modifying, impairing, disrupting, altering, or interfering with the intentional original uses, features, functions, operations, or acts of maintenance of the Site, the App, and the Smart Contract.

All types of activities, all forms of action which pose as a law and regulation violation.

6/ FEE AND PAYMENT

You can purchase, trade car (collectively, “CAR"). The CAR with distinctively different in gameplay, movesets, special skills and we hope to make this number bigger in near future. When the marketplace is launch and players are allowed to make transactions with others, please noted that such transactions are conducted solely through the Blockchain via a designated wallet and currency (AGE). We will keep no information and provide no control, support, the ability to reverse reported transactions. In general, we have no liability to you or to any third party for any alleged problems that arisen during the alleged trades and transactions conducted via the Smart Contract, the Blockchain.

The Blockchain requires the payment of a transaction fee for every transaction that occurs in the marketplace. The fee funds the network of computers that run the decentralized network rather than as profits.

In addition to the fee, each time you use the Smart Contract to conduct a transaction with another user via the App, you are agreed to allow us to collect a commission of 4.25% of the total value of that transaction. You should have a clear understanding that the commission will be transferred directly to us through the Blockchain as a part of the transaction.

As a matter of fact, we (we and you users) will be legally responsible for paying any types of cost, duty, and tax as your government requests. Such numbers will vary according to your jurisdictions and countries as well as the national laws and regulations.

7/ SUBMISSION

You should have a full understanding and an agreement that any question, comment, suggestion, idea, feedback or other forms of information regarding using the Site, the App and the Smart Contract (“Submissions") provided by you to us are non-confidential and should eventually become our properties. We are eligible for the unrestricted use and of these Submissions to any lawful purposes, commercial activities without notifying you of our acknowledgment or compensation. You also should be aware of the discretion of any content-related you submit to the Site, the App, and the Smart Contract. Everything that poses a violation against the laws and regulations will be completely removed without notification.

You acknowledge that certain operations in respect of the NFTs, in particular, without limitation, the transfer of NFTs to third parties, may constitute and/or otherwise fall within the scope of regulated activities under applicable laws in certain jurisdictions. You acknowledge that you may not use MIMBO for Speed to engage into any such activities and that MIMBO for Speed makes no representation in respect of, or otherwise in connection with, the suitability of MIMBO for Speed and/or any output generated by using MIMBO for Speed, to engage into any regulated activity or MIMBO for Speed’ or such output’s compliance with laws and regulations applicable to such activities. MIMBO for Speed neither recommends, nor otherwise advises that you engage in such activities. If you choose to engage in regulated activities, you do so at your own risk and sole responsibility.

In particular, you are solely responsible for your compliance with any applicable laws and regulatory requirements, including any applicable provisions of financial markets laws. You herewith expressly agree to ensure compliance with any applicable legal requirements at your own cost and responsibility in using MIMBO for Speed and/or any output generated by using MIMBO for Speed.

8/ THIRD-PARTY WEBSITE AND CONTENT

Third-party websites are the Site and/or App that links you to other websites,

Third-party contents are articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties.

We are not responsible for any Terms of Use of any Third-Party Websites you accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App. We do not hold responsible for any of the following: content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Contents.

If you decide to leave the Site and/or the App 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 that these Terms of Use you are reading are no longer effective. At this point, the Terms of Use of the Third-Party Websites you are using are effective. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App.

Any purchase you make through Third-Party Websites is no longer within our Terms of Use, so we are not responsible for any problem that arises from the purchase. 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, 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 are not our responsibilities.

9/ ADVERTISER

We provide areas within the Site and the App for advertisements and other information. Advertisers are fully responsible for the reliability of the advertisements, including the services and products. These advertisements should not violate any rules, and advertisers must prove that they have the following rights, but are not limited to, intellectual property rights, publicity rights, and contractual rights. We hold no responsibility if there are any violations regarding these rights.

10/ SUPPORT, UPDATES, ALTERATIONS, DISCONTUNUATION

MIMBO for Speed may, but has no obligation to, offer and subsequently amend, alter suspend or discontinue support services with regard to MIMBO for Speed on such terms as MIMBO for Speed may determine within its sole discretion.

At all times, MIMBO for Speed retains the right to use and/or dispose of the Rights as MIMBO for Speed, at its sole discretion, deems appropriate, including without limitation the right, without notice, to alter, modify, redesign, suspend or discontinue, at any time, any aspect or feature of the Website, Materials (including without limitation the Virtual Items) and Services.

In particular, without limitation, MIMBO for Speed has the right, but no obligation, to maintain, modify and/or update MIMBO for Speed within its sole discretion. MIMBO for Speed may, but has no obligation to, provide technical support in respect of MIMBO for Speed.

You acknowledge and agree that such maintenance, updates, alterations, modifications, redesigns, suspensions or discontinuations may affect (also including by limiting or terminating) the functionality of MIMBO for Speed.

MIMBO for Speed does not undertake to keep any of the Website, Materials or Services updated. To the greatest extent permitted by law MIMBO for Speed does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained in any of the Website, Materials or Services or in relation to any Posts or Images, including without limitation where such loss or damage is a result of or contributed to by the negligence of MIMBO for Speed.

MIMBO for Speed reserves the right, but has no obligation, to license updated iterations of MIMBO for Speed separately and under different terms.

11/ TERMINATION

These Terms of Use remain in full force and effect while you use the Site, the App, and the Smart Contracts. We reserve the right and are able to conduct the following actions as of our own sole discretion and without informing you of any notice or liability: deny access to and use of the Site, the App, and the Smart Contracts (including blocking IP Addresses) to any person for breach of any presentation, warranty, or covenant contained in these Terms of Use. We may terminate your use or participation in the Site, the App, and the Smart Contracts or delete your account without warning, at our sole discretion.

In addition, MIMBO for Speed may terminate this Agreement if, in our sole discretion, we determine that there has been a breach these Terms of Use, a material breach of any other agreement between the Parties or a violation of law. If the cause of such termination is reasonably capable of being remedied, we will provide you notice of what actions you must take to reinstate a state acceptable to us within our sole discretion. If you fail to take such actions or the cause cannot be remedied within 10 calendar days, the Agreement will be terminated with immediate effect.

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.

Upon termination, all licenses granted herein end immediately. You will cease using MIMBO for Speed and return to us or uninstall and destroy any Materials you may have in your possession. Termination of the Agreement will not relieve you of your obligation to pay any amounts you owe up to and including the date of termination.

12/ DISCLAIMERS

You expressly understand and agree that your access to and use of the Site, the App, and the Smart Contracts are at your sole risk and that the Site, the App, 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 the site, the app and the smart contracts and any part of it (including, but not limited to, the site, any smart contract, 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 Site, the App, and the Smart Contracts will meet your requirements,

· (ii) your access to or use of the Site, the App, and the Smart Contracts will be uninterrupted, timely, secure or free from error,

· (iii) usage data provided through the Site, the App, and the Smart Contracts will be accurate,

· (iv) the Site, the App and the Smart Contracts or any content, services, or features made available on or through the Site, the App and the Smart Contracts are free of viruses or other harmful components, or

· (v) that any data that you disclose when you use the Site, the App, and the Smart Contracts will be secured. 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 Blockchain, 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 app, Ethereum network, or the Metamask electronic wallet.

CAR are intangible digital assets that exist only by virtue of the ownership record maintained on the Blockchain. All smart contracts are conducted and occur on the decentralized ledger within the ronin network. MIMBO for Speed Game has no control over and makes no guarantees or promises with respect to the smart contract. MIMBO for Speed is not responsible for losses due to the blockchains or any other features of the Blockchain. Including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain including forks, technical node issues, or any other issues having fund losses as a result.

13/ 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 have, including, but not limited to, any loss of profits (both directly and 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 site, the app, 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 twelve (12) month period preceding the date the claim arose, or

· (b) one hundred (100) US dollars.

You agree and acknowledge that we have made the Site, the App, 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 Site, the App, 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.

14/ ASSUMPTION OF RISK

You accept and acknowledge each of the following:

(1). The prices of blockchain assets are easy to change because the fluctuations in the price of other digital assets could materially and adversely affect the value of your CAR, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of CAR will not lose money.

(2). You are solely responsible for any taxes apply to your CAR-related transactions, according to your own country’s or region’s tax rules. MIMBO for Speed is not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contract.

(3). The App does not store, send, and receive CAR. This is because CAR exist only by virtue of the ownership record maintained on the App’s supporting blockchain. Any transfer of CAR occurs only on the Blockchain.

(4). There are risks and limitations associated with using an Internet-based currency, 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 MIMBO for Speed will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Blockchain.

(5). A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the MIMBO for Speed ecosystem, and therefore the potential utility or value of CAR.

(6). The current state of regulations regarding blockchain technologies, cryptocurrencies, and tokens is uncertain. When new regulations or policies are introduced, they may materially adversely affect the development of the MIMBO for Speed ecosystem, and therefore the potential utility or value of CAR.

15/ INDEMNIFICATION

You agree to indemnify and defend us, including our affiliates and respective directors, officers, and personnel from and against all losses, costs, damages, expenses, and liabilities (including reasonable legal fees and disbursements) that may be suffered or incurred by Third-Party arising out of or as a result of or relating in any manner to a claim relating to:

· (1) use of the Site,

· (2) breach of these Terms of Use,

· (3) any breach of your representations and warranties set forth in these Terms of Use,

· (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 Site, the App, and the Smart Contracts with whom you connected via the Site, the App, 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.

16/ USER DATA

Certain data, including your data use of the Site, the App, and the Smart Contracts, will be kept for us to manage the performance of the Site, the App, 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 performed using the Site, the App, 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.

17/ MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site, the App, and the Smart Contracts, or in respect to the Site, the App, 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 of Use shall not operate as a waiver of such right or provision.

These Terms of Use 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 of Use is determined to be unlawful, void, and unenforceable, that particular provision is deemed separable from the whole Terms of Use 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 of Use or use of the Site. You agree that these Terms of Use 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 of Use and the lack of signing by the parties hereto to execute these Terms of Use.