TERMS OF SERVICES

GENERAL

These terms and conditions (“Terms”) govern the use of the Website (defined below), the Platform (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between us and our related companies (“we”, “us” or “Business”) and all users (including natural persons, entities or organizations) of the Services (“You”, “User”, “Trainer” or “Cryptonom Trainer(s)”) at the Website. These Terms also govern the sale, transfer and use of the NOMs known as “Cryptonom” (defined below) on our Platform.

By accessing, clicking or using our Website or by purchasing, capturing or collecting Cryptonom offered on the Platform, You acknowledge that You have read and understood these Terms and that You agree to be bound by them. If You do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Website, the Platform or the Services and do not purchase, catch or collect any Cryptonom or Cryptonom related offerings. In addition, when using some features of the Services, You may be subject to specific additional terms and conditions applicable to those features. The Business shall not assume any liability for anything contained in this document.

The Business may modify, suspend or discontinue the Website, the Platform or the Services at any time and without notifying You. We may terminate Your access to our Website or Platform for any reason, without prior notice. We reserve the right to change, modify, add or remove any of these Terms at any time for any reason. We suggest that You review these terms periodically for changes. Such changes shall be effective immediately upon posting on the Website or releasing to You directly. You acknowledge that by accessing our Website or the Platform after We have posted changes to these Terms, You are agreeing to such modified terms. These Terms between You and us do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, our policies, platform rules, guidelines posted on the Website or the Platform and all other agreements entered into separately between You and us are deemed supplementary terms that are an integral part of these Terms and shall have the same legal effect. Your use of the Website, Platform or Services is deemed Your acceptance of any supplementary terms too.

NO INVESTMENT ADVICE

The purchase, capture and collecting of Cryptonom (also referred to as “NOMs” sometimes) on the Platform shall not be construed as investment or financial contribution or any form of financial assistance and does not present an exchange of Cryptonom for any form of investment returns or profits. We do not give investment advice, endorsement, analysis or recommendations with respect to any Cryptocurrencies (defined below), digital assets, tokens or securities or provide any financial, tax, legal advice or consultancy services of any kind. The sale of Cryptonom to You is intended for Your own entertainment and play on the Platform. Holders of Cryptonom are only entitled to the use of the Website, and certain Services within the Platform in accordance with the Terms set out herein.

BY ACCESSING THE WEBSITE, THE PLATFORM OR MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

(A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES WITH A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM;

(B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF CRYPTONOM OR CRYPTOCURRENCIES; AND

(C) THE BUSINESS SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF ANY CRYPTONOM OR CRYPTOCURRENCIES ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN PURCHASING, HOLDING OR INVESTING IN ANY CRYPTONOM OR CRYPTOCURRENCIES.

DEFINITIONS

The following terms shall, for the purpose of these Terms, have the following meaning:

“Cryptocurrency(ies)” means a digital currency, in which encryption techniques are used to regulate the generation of units of the currency and to verify the transfer of the currency and which operates independently of the central bank of a country. Such digital currency is not legal tender issued by any central bank nor does it confer any interest in the ownership of, or debt relating to, any asset or property.

“Fiat currency(ies)” means a digital or physical currency, generally issued by a state or government through the traditional financial and banking system. Examples are the Euro, Dollar, Yen and other such currencies native to the state You are in.

“Cryptonom” means numerically ordered monsters (or NOMs for short) in the form of virtual cards or units issued and offered for sale or capture by the Business to Cryptonom Trainers are subject to the terms and conditions set out in clause 3 of these Terms.

“Platform” means the platform developed, owned, operated and deployed by the Business for providing the Services set out in clause 2 of these Terms.

“Services” shall have the meaning given to the term under clause 2.1. of these Terms.

“Website” means https://cryptonom.io and all related subdomains) or its mobile applications.

1. ELIGIBILITY

1.1. You are required to provide us with your email address in order to access certain features of our Platform. By accessing, clicking or using our Website, our Platform or our Services, You represent and warrant that:

(a) as an individual, legal person, or other organization, you have full legal capacity and authority to agree and bind yourself to these Terms;

(b) you are at least 18 or are of legal age to form a binding contract under applicable laws;

(c) your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;

(d) you have not been previously suspended or removed from using our Platform or Services;

(e) if you act as an employee or agents of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; and

(f) you are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your account.

2. DESCRIPTION OF THE CRYPTONOM PLATFORM

2.1. The Platform provides an online simulation game ecosystem for Cryptonom Trainers to catch Cryptonom which will then be raised and operated by such Cryptonom Trainers. During the Cryptonom’s life, the Cryptonom can grow, transform and become more experienced and evolve into stronger Cryptonom. You can catch new Cryptonom to add to Your collection, undertake adventures with Your Cryptonom by participating in battles or trade Your Cryptonom with Your fellow Cryptonom Trainers. The Platform permits You to capture and trade virtual items, including but not limited to the Cryptonom, during gameplay (collectively, the “Services”).

2.2. The Platform is powered by the underlying Ethereum blockchain and the Enjin platform with integrated smart contract functionalities which enables direct and transparent transactions to occur. The Platform also reserves the right to use other blockchains and platforms with integrated smart contract functionalities.

3. THE SALE AND USE OF CRYPTONOM

3.1. The Terms in this clause 3 describe and govern certain aspects of the sale and purchase of Cryptonom on the Platform, in addition to and without prejudice to all other provisions of these Terms.

3.2. Cryptonom Trainers, upon purchase, capture or collecting of the Cryptonom, will be able to access and utilise the Services through the Platform and our Website.

3.3. Other than the right to access the Platform to use the Services as set out in clause 3.2 above, Cryptonom Trainers shall not have any other rights on the Platform and the Cryptonom nor any right of claim whatsoever with respect to the Business as the Cryptonom are virtual game characters mainly on the Ethereum code-base blockchain. They can also be found on other blockchains.

3.4. Cryptonom Trainers may be eligible to receive rewards (additional Cryptonom, or other in-game products and services) for their active participation on the Platform. These rewards may be distributed from time to time at Our sole and absolute discretion, as a form of incentive for purchasing new Cryptonom characters, or supporting activities hosted by the Business, as the Platform continues to grow through increased participation of all Cryptonom Trainers and parties. We have the right to withhold giving any rewards at any time at our sole and absolute discretion, or choose to issue rewards to some but not all Cryptonom Trainers in the manner we prefer.

3.5. No promises of future performance or value are or will be made in respect to Cryptonom, including no promise of inherent value, no promise of continuing payments, and no guarantee that the Cryptonom will hold any particular value. The Cryptonom do not have any intrinsic value and they may never recover any cash, Cryptocurrencies or other assets which are used directly or indirectly to acquire them. There is no market-standard valuation process to determine the value of Cryptonom at any given time and we give no guarantees whatsoever on the value of Cryptonom which may be highly volatile and could reduce to zero. You purchase, capture and collection Cryptonom on the Platform for Your personal entertainment, play or leisure. Cryptonom are non-refundable and cannot be exchanged for cash (or its equivalent value in any other virtual currency) or any payment obligation from the Business.

3.6. Due to the blockchain nature, Cryptonom may be used in platforms other than the Cryptonom Platform. In such cases the Business will not be responsible if You use or attempt to use the Cryptonom in any platform other than the Platform or for any purpose other than for which the Cryptonom are designed.

4. RESTRICTIONS ON USE OF WEBSITE AND PLATFORM

4.1. The Website or the Platform may allow Cryptonom Trainers to enable trading of Cryptonom or other tradable items with other Cryptonom Trainers and You may be charged a trading fee, the amount to be determined by us, for such transaction. You acknowledge that Your decision to enter into any trade of Cryptonom or other tradable items is at Your sole discretion and Your own risk. We do not screen trading partners and We make no guarantee that a trade will be satisfactory or that trades will be a fair exchange of value between the parties to that trade. We reserve the right to determine in Our sole discretion, with or without notice, what and when Cryptonom or any other items may be traded between and among Cryptonom Trainers on the Platform. Non-tradable items cannot be traded under any circumstances.

4.2. Any attempt to trade, exchange or otherwise give away the Cryptonom outside the Platform, or other than by using the Services provided through the Platform to trade a prohibited item, or to make an offer to trade items where the trade is contingent upon an event (e.g. the outcome of a battle) is strictly prohibited under these Terms.

4.3. All present and future copyright, title, interests in and to the Website, the Platform and the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website, the Platform and the Services are owned by or otherwise licensed to the Business. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Website, the Platform and the Services in the permitted hereunder. You shall use the Services in accordance with these Terms and shall not:

(g) Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Website, the Platform or the Services.

(h) Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Website, the Platform or the Services.

(i) Violate any applicable laws, rules or regulations in connection with Your access or use of the Website, the Platform or the Services.

(j) Use the Website, the Platform or the Services in violation of or to circumvent any sanctions or embargo.

(k) Use the Website, the Platform or the Services for any purpose for which it is not designed or intended.

(l) Use the Website, the Platform or the Services to create, promote or facilitate any item, product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Service or any services, product or platform offered by the Business.

(m) Use any of Our proprietary information or interfaces or any other intellectual property in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

(n) Use the Website, the Platform or the Services to send, post, or otherwise communicate any content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.

(o) Use the Website, the Platform or the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.

(p) Upload to, or transmit through the Website, the Platform or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

(q) Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Website, the Platform or the Services, or any data or content found or access through the Website, the Platform or the Services.

(r) Collect any information in respect of other users without their consent.

(s) Commit any act to avoid paying any applicable fees or charges.

(t) Use the Website, the Platform or the Services in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms.

(u) Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of the Business.

(v) Forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to us or the Website.

(w) Authorise, procure, encourage or cause anyone to do or attempt to do any of the foregoing.

5. SOURCE OF FUNDS

5.1. You agree, represent, and warrant that all currency (crypto or fiat) in Your wallet, vault or other storage mechanisms You use for purposes of purchasing, capturing, collecting, exchanging or trading Cryptonom now, or in the future on the Website, are not the direct or indirect proceeds of any criminal or fraudulent activity.

5.2. You agree, represent, and warrant that no payment or other transfer of value to the Business and no payment or other transfer of value by the Business in connection with Your use of the Website, the Platform or the Services will cause the Business to be in violation of applicable U.S. federal or state or non-U.S. laws or regulations, including, without limitation, anti-money laundering, economic sanctions, anti-bribery or anti-boycott laws or regulations, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the “PATRIOT Act”), the various statutes, regulations and Executive Orders administered by the Office of Foreign Assets Control (“OFAC”) and the Foreign Corrupt Practices Act of 1977.

5.3. You agree, represent, and warrant that no payment or other transfer of value to the Business is or will be derived from, pledged for the benefit of, or related in any way to, (i) the government of any country designated by the U.S. Secretary of State as a country supporting international terrorism, (ii) property that is blocked under any laws, orders or regulations administered by the OFAC (the “OFAC Regulations”), or that would be blocked under the OFAC Regulations if it were in the custody of a U.S. national, (iii) persons to whom U.S. nationals cannot lawfully export services, or with whom U.S. nationals cannot lawfully engage in transactions, under the OFAC Regulations, or (iv) directly or indirectly, any illegal activities.

6. SECURITY

6.1. You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism You use to purchase, capture or collect the Cryptonom on the Platform, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If Your private key(s) or other access credentials are lost, You may lose access to Your Cryptonom. The Business is not and shall not be responsible for any such losses.

7. PERSONAL INFORMATION

7.1. The Business may be required, from time to time, to obtain certain information about You (“User Information”) in order to complete the purchase, capture and collection of Cryptonom. If the Business so requires, and You do not provide the information, then We may be unable to complete the purchase, capturing, collection; or deliver Cryptonom to You.

7.2. If the User Information is so required, it is important that You provide accurate, complete, and up-to-date information, and You agree to update such information as needed, to keep it accurate, complete, and up-to-date.

7.3. You acknowledge that no data transmission over the internet is totally secure. Accordingly, we cannot warrant the security of any information which You transmit to us. While we seek to protect Your information to ensure that it is kept confidential, we cannot absolutely guarantee its security. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your User Information. While we strive to protect your User Information, we cannot ensure or warrant the security and privacy of your User Information or other content You transmit using the Website or the Platform, and You do so at your own risk.

8. THIRD PARTY SERVICES

8.1. We may display third party content on the Website and the Platform. Third party content may use cookies or other mechanisms for obtaining data in connection with Your viewing of and/or interacting with the third party content on the Website and the Platform. Please note that we cannot control, nor will we be responsible for any information collected and processed by third parties, its safekeeping or a breach thereof, or any other act or omission pertaining to it and their compliance with applicable privacy laws or regulations.

8.2. You may be required to register account(s) with these third parties and to complete certain verification procedures in order to use their services. They might also conduct AML and KYC procedures on You and collect certain information of Yours in relation to the provision of their services. Please note that we cannot control, nor will we be liable or responsible for, the registration processes or AML and KYC procedures to be conducted by these third parties, the safekeeping of any AML and KYC documentation or a breach of any AML and KYC laws, rules or regulations thereof, or any other act or omission pertaining to it and any third parties’ compliance with applicable privacy laws or regulations.

8.3. You may be able to purchase Cryptocurrencies from these third parties subject to the applicable fees displayed by such third parties during the purchase flow. We may also charge a fee from such third party in relation to Your purchase with them and/or their provision of services to You, the exact amount of fee to be determined by mutual agreement between us and such third party. Please note that such third party content is merely displayed on our Website through hyperlink and we have no control over Your interaction with any third parties once You have left our interface. Any monies, including fiat or Cryptocurrencies, will be transferred directly between You and such third party and we have no control on the funds whatsoever. We cannot control, nor will we be liable or responsible for, the price, exchange rate and amount of the Cryptocurrencies that you wish to purchase from such third party nor any cancellation, refund, suspension or termination of any services provided by such third party. We advise You to read the respective terms of use and privacy policy of any such third party and use Your best discretion before engaging with any third party contents displayed on our Website.

9. REPRESENTATIONS AND WARRANTIES

9.1. By accessing, clicking or using our Website (and all related subdomains) or its mobile applications or purchasing, capturing, collecting Cryptonom and using the Platform, You represent and warrant that:

(a) You have sufficient understanding of and experience with cryptographic tokens (in particular ETH), token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms and to understand the Risks and implications of using the Services and purchasing, capturing and collecting the Cryptonom using ETH, ENJ or other currency;

(b) You have read and understand these Terms (including all Annexures);

(c) You have obtained sufficient information about the Business, and the Cryptonom to make an informed decision to use the Services and to purchase, capture and collect the Cryptonom;

(d) You are not purchasing, capturing or collecting the Cryptonom for any uses or purposes other than to participate in the Platform and any game features provided by the Business on the Website.

(e) Your purchase, capture and collection of the Cryptonom comply with applicable law and regulation in Your jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in Your jurisdiction for use and payment of ETH, ENJ, or other currency, and entering into contracts with the Business, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained;

(f) You will comply with any applicable tax obligations in Your jurisdiction arising from Your purchase, capture and collection of Cryptonom if required; and

(g) If You are purchasing, capturing or collecting Cryptonom on behalf of any individual or entity, You are authorised to accept these Terms on such individual’s or entity’s behalf and that such individual or entity will be responsible for breach of these Terms by You or such individual or any other employee or agent of such entity.

10. INDEMNIFICATION

10.1. To the fullest extent permitted by Applicable Law, You will indemnify, defend and hold harmless the Business and the Business’ past, present and future directors, officers, employees, partners, contractors, consultants, suppliers, vendors, service providers, agents, representatives, predecessors, successors and assignees (the “Indemnified Parties”) from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to:

(i) Your access or use of the Website, the Platform and the Services,

(ii) Your purchase, capture or collecting of Cryptonom,

(iii) Your responsibilities or obligations under these Terms,

(iv) Your violation or non-fulfillment of any representation and warranty or any of these Terms,

(v) Your violation of any applicable law or any rights of any other person or entity, or

(vi) Your provision of false, incomplete or misleading information on the Website or the Platform.

10.2. The Business reserves the right to exercise sole control over the defense, at Your expense, of any claim subject to indemnification. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and the Business.

10.3. Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.

11. DISCLAIMERS

11.1. To the fullest extent permitted by applicable law and except as otherwise specified in a writing by the Business,

(i) Cryptonom are offered and sold on an “as is” and “as available” basis without warranties of any kind, and the Business expressly disclaims all implied warranties as to Cryptonom, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement;

(ii) the Business does not represent or warrant that Cryptonom are reliable, current or error-free, or will meet Your requirements, or that defects in Cryptonom will be corrected;

(iii) the Business cannot and does not represent or warrant that Cryptonom or the delivery mechanism for Cryptonom are free of viruses or other harmful components; and

(iv) the Platform is a decentralized application built on the Ethereum and Altura network, and thus, the Platform does not guarantee any purchase, capture, collection and delivery of Cryptonom and the Business shall not be responsible for any faulty transactions or incorrect data or display that may occur on the Website or the Platform.

11.2. The Business expressly disclaims any and all responsibility for any direct, indirect or consequential loss or damage of any kind whatsoever arising directly or indirectly from:

(i) reliance on any information contained in these Terms,

(ii) any error, omission or inaccuracy in any of these Terms,

(iii) any action resulting therefrom, or

(iv) the purchase, capture, collection or resale of Cryptonom.

11.3. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this clause may not apply to You. All warranties or disclaimers that are allowed as per the jurisdiction applying to you will still remain in full force.

12. LIMITATION OF LIABILITY

12.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE BUSINESS OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:

(a) ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF THE BUSINESS OR ITS AFFILIATES;

(b) ANY AUTHORIZED OR UNAUTHORIZED USE OF THE WEBSITE, PLATFORM OR SERVICES, OR IN CONNECTION WITH THESE TERMS;

(d) ANY INACCURACY, DEFECT, ERROR OR OMISSION OF ANY DATA OR INFORMATION ON THE WEBSITE OR PLATFORM;

(e) ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;

(f) ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS OR VIOLATIONS OF THESE TERMS BY ANY THIRD PARTIES; OR

(g) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY THE BUSINESS.

EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, ACTUAL FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.

12.2. You shall have no right against the Business or any other person except in the event of willful misconduct, actual fraud or gross negligence committed by the Business, in each case as determined by a court of competent jurisdiction. THE BUSINESS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO THE BUSINESS. NEITHER THE BUSINESS NOR ITS REPRESENTATIVES SHALL BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS.

12.3. The Business shall not be liable for failure to perform due to force majeure events including, but not limited to, unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, acts by common carriers, emergency conditions (including weather conditions), or any similar unforeseen event that renders performance commercially implausible.

13. RELEASE

13.1. To the fullest extent permitted by Applicable Law, You release the Business and the other Indemnified Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users of the Website, the Platform or the Services and the acts or omissions of third parties. You expressly waive any rights You may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in its favour at the time of agreeing to this release. Your obligations under this provision will continue even after these Terms have expired or been terminated.

14. GOVERNING LAW AND JURISDICTION

14.1. These Terms and all subsequent variations of or amendments to these Terms shall be subject to, governed by and interpreted in accordance with the laws of Germany for every purpose, without regard to any conflict of law provisions.

14.2. Any dispute that is not resolved after good faith negotiations may be referred by either party for final, binding resolution by arbitration under the arbitration rules of Germany in force when the notice of arbitration is submitted. The law of this arbitration clause shall be German State Law. The seat of arbitration shall be Hanover, Germany. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English or German.

14.3. Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

15. MISCELLANEOUS

15.1. Severability: If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

15.2. Entire Agreement: These Terms constitute the entire agreement between You and the Business relating to Your use or access of the Website, the Platform or the Services and Your purchase, capture and collecting of Cryptonom from the Platform.

15.3. Assignment: Except as otherwise provided in herein, these Terms are intended solely for the benefit of You and the Business and are not intended to confer third-party beneficiary rights upon any other person or entity. The Business may assign its rights and obligations under these Terms at its sole discretion.

15.4. Waiver: The failure of the Business to exercise or enforce any right or enforce strict compliance or provision of these Terms will not operate as a waiver of such right or provision. The Business will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond the Business’s reasonable control.

15.5. No Partnership/ Joint Venture: The Business is an independent contractor but not an agent of You in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership or franchise between the parties.

15.6. Title and Subtitles: The titles and subtitles used in these Terms are used for convenient reference only and are not to be considered in construing or interpreting these Terms.

15.7. Right to Amend: The Business may revise the Terms from time to time in any circumstances, including but not limited to:

(a) changes in the type of Cryptocurrencies used for the purchase of Cryptonom;

(b) changes in the value and features of Cryptonom;

(d) any other changes that may be required from time to time at the sole discretion of the Business following changes to business practices, industry developments, or new regulatory requirements.

Any such amendments will be published on the Website.

15.8. No Intellectual Property Rights: Subject to clause 4.3 above, these Terms do not entitle You to any intellectual property rights, including the rights in relation to the use, for any purpose, of any information, image, user interface, logos, trademarks, trade names, Internet domain names or copyright in connection with the Website, the Platform, or the sale of the Cryptonom.

15.9. Cryptonom Sale Jurisdiction: Given that the Platform is an online facility and the Cryptonom are virtual objects, the purchase and use of Cryptonom may take place worldwide and is not linked to any specific jurisdiction. In order to be eligible to participate, save as otherwise provided, You may be from any jurisdiction in the world, except for any jurisdiction where the Cryptocurrencies used for the purchase of Cryptonom may be classified or treated by any government, quasi-government, authority or public body as a kind of currency, securities, commercial paper, negotiable instrument, investment or where the Cryptocurrencies used for the purchase of Cryptonom may be banned, regulated or subject to certain legal restrictions. You represent and warrant that you are not from any of such aforementioned jurisdiction.

15.10. Confidentiality: You acknowledge that the Website, the Platform and the Services contain the Business and its affiliates’ trade secrets and confidential information. You agree to hold and maintain any and all confidential information in confidence, and not to furnish any other person of such confidential information of the Website, the Platform or the Services. You agree to use a reasonable degree of care to protect the confidentiality of the Website, the Platform or the Services. You will not remove or alter any of the Business or its affiliates’ proprietary notices. Your obligations under this provision will continue even after these Terms have expired or been terminated.