❗Terms & Conditions
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and AKIMME ("Company," “we," “us," or “our”), concerning your access to and use of the AKIMME website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Metaverse”). The hereby Terms of Use govern your access to, use of, and interaction with our Metaverse, including any content, functionality, and services offered through it. You agree that by accessing the website (including the Metaverse), you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND THE METAVERSE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the website (including the Metaverse) from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our website (including the Metaverse) so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the website (including the Metaverse) after the date such revised Terms of Use are posted.
The information provided on the website (including the Metaverse) is not intended for distribution to or use by 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, those persons who choose to access the website (including the Metaverse) from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Metaverse is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Metaverse.
Intellectual Property Rights
Unless otherwise indicated, the website (including the Metaverse) is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website (including the Metaverse) 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.
Provided that you are eligible to use the website (including the Metaverse), you are granted a limited license to access and use the website (including the Metaverse) and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Use, and may be terminated by AKIMME at any time.
User Representations
By using the Metaverse, 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 of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the website (including the Metaverse) through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the website (including the Metaverse) for any illegal or unauthorized purpose; and (7) your use of the website (including the Metaverse) will not violate any applicable law or regulation.
If you decide to provide any content and information via our Metaverse, for instance by commenting publicly and privately or posting on message boards, you must ensure that such information follows all applicable laws and does not infringe any person’s legal rights. Please note that AKIMME is not liable for any content provided by our users.
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 Metaverse (or any portion thereof).
Please note that we do not provide the functionality to record either video or audio on our platform, however, please be aware of the fact that certain users may record such data. We will notify you whether a given meeting, event, or conference is recorded. Should you wish to not partake in the recording, please exit the relevant meeting.
User Registration
You may be required to register with the Metaverse. You agree to keep your password confidential and will be responsible for all use of your account and password and web3 wallet credentials. 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.
Digital Tokens Risks
When using our website and interacting with our services you are aware of the inherent risks associated with using blockchain-based systems. Knowledge of digital tokens such as Non-fungible tokens (NFTs), & Ether (ETH), and other tokens that follow the Ethereum Token Standard is necessary to use our services properly. Please note that AKIMME is not responsible for the underlying protocols of such tokens and potential malfunctions that may arise.
You agree to potential risks associated with digital tokens, mainly variable costs and speed of transactions. AKIMME is not responsible for any financial losses due to those risks.
Prohibited Activities
You may not access or use the Metaverse for any purpose other than that for which we make the Metaverse available. The Metaverse may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Metaverse, you agree not to:
Systematically retrieve data or other content from the Metaverse to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Metaverse, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the website (including the Metaverse) and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Metaverse.
Use any information obtained from the Metaverse in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the website (including the Metaverse) in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the website (including the Metaverse).
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 Metaverse or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Metaverse.
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.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
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”).
Interfere with, disrupt, or create an undue burden on the Metaverse or the networks or services connected to the Metaverse.
Harass, annoy, intimidate, or threaten any of our employees, users or agents engaged in providing any portion of the Metaverse to you.
Attempt to bypass any measures of the Metaverse designed to prevent or restrict access to the Metaverse, or any portion of the Metaverse.
Copy or adapt the website (including the Metaverse) software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website (including the Metaverse).
Except as may be the result of the standard search engine 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 Metaverse, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Metaverse.
Make any unauthorized use of the website (including the Metaverse), including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Sell or otherwise transfer your profile.
User Generated Contributions
The website (including the Metaverse) may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, promote, advertise, publish, distribute, or broadcast content and materials to us or on the website (including the Metaverse), including but not limited to text, writings, video, audio, photographs, graphics, comments, 3D designs, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Metaverse and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Metaverse, and other users of the Metaverse to use your Contributions in any manner contemplated by the Metaverse and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Metaverse and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
Your Contributions do not promote any use of intoxicants or recreational drugs.
Your Contributions are not politically driven and do not promote any party, controversial ideas, movements, or sexual orientation.
Any use of the Metaverse in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the website (including the Metaverse).
Contribution License
By posting your Contributions to any part of the website (including the Metaverse), you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant those moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Metaverse. You are solely responsible for your Contributions to the Metaverse and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the website (including the Metaverse); and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Metaverse ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all 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 shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Advertisers
We allow advertisers to display their advertisements and other information in certain areas of the Metaverse and website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Metaverse and any services provided on the Metaverse or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Metaverse, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Metaverse Management
We reserve the right, but not the obligation, to: (1) monitor the Metaverse for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Metaverse or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Metaverse in a manner designed to protect our rights and property and to facilitate the proper functioning of the Metaverse.
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Metaverse infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Metaverse infringes your copyright, you should consider first contacting an attorney.
Term and Termination
These Terms of Use shall remain in full force and effect while you use the Metaverse. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE METAVERSE (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 OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT 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 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 or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Metaverse at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Metaverse. We will not be liable to you or any third party for any modification, or price change in the Metaverse.
We cannot guarantee the website (including the Metaverse) will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Metaverse, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, or otherwise modify the website (including the Metaverse) at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website (including the Metaverse) during any downtime or discontinuance of the website (including the Metaverse). Nothing in these Terms of Use will be construed to obligate us supply any corrections, updates, or releases in connection therewith.
Corrections
There may be information on the website (including the Metaverse) that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website (including the Metaverse) at any time, without prior notice.
Disclaimer
THE WEBSITE (INCLUDING THE METAVERSE) IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE (INCLUDING THE METAVERSE) AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE METAVERSE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE METAVERSE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE METAVERSE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE METAVERSE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE METAVERSE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE METAVERSE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE METAVERSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE METAVERSE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
In all pursuits, AKIMME’s team is committed to delivering excellence and operating efficiently to make the Metaverse a huge success. Nevertheless, it is important to emphasize that unexpected and unavoidable risks will always be there as the Metaverse develops.
Nothing in this website, gitbook, metaverse, marketing materials, and any other information pertaining to the Metaverse (hereinafter collectively referred to as the “Metaverse ”) shall be deemed to constitute a prospectus of any sort or a solicitation for investment, nor does it in any way pertain to an offering or a solicitation of an offer to buy any securities in any jurisdiction. This document is not composed in accordance with and is not subject to, laws or regulations of any jurisdiction which prohibits or in any manner restricts transactions in respect of, or with the use of, digital assets.
The information set forth in this Metaverse may not be exhaustive and does not imply any elements of a contractual relationship. The content of this Metaverse is not binding and we reserve the right to change, modify, add, or remove portions of this Metaverse for any reason at any time before, during, and after the sale of digital assets by updating the Metaverse.
This Metaverse does not constitute an investment, legal, tax, regulatory, financial, accounting or other advice, and the Metaverse is not intended to provide the sole basis for any evaluation of a transaction on acquiring of the digital assets and is expressly not incorporated by reference into any securities offering or similar documents. Prior to acquiring the digital assets, a prospective purchaser should consult with his/her own legal, investment, tax, accounting, and other advisors to determine the potential benefits, burdens, and other consequences of such a transaction.
We are under no obligation to update the Metaverse or modify the Metaverse for any inconsistencies or for material changes to the information.
There has been no VC Funding for the AKIMME Metaverse. The project will offer for sale various digital assets, including virtual land parcels that will be sold as NFTs. Users must understand and agree that these NFTs are not a digital currency, security, commodity, or any other kind of financial instrument ( such as bonds, stocks, shares etc) and have not been registered under the securities laws of any country, including the securities laws of any jurisdiction in which a potential holder is a resident. Consequently, holding any virtual land parcels or any other NFTs in the Metaverse does not give any rights on dividends or interest, any ownership right, stake, share or equivalent rights or any right to receive future revenue shares, or any other form of participation in or relating to the Company, nor shall holders have any influence or rights in the development or governance of the Company. By holding an NFT Land Parcel, token, or any other digital asset connected to AKIMME Metaverse you are not becoming an equity partner or an equity investor that has rights to the earnings of the Metaverse.
The NFTs are not being offered or distributed to, as well as cannot be resold or otherwise alienated by their holders to citizens of, natural and legal persons, having their habitual residence, location, or their seat of incorporation in the country or territory where transactions with NFTs are prohibited or in any manner restricted by applicable laws or regulations. If a such restricted person purchases the tokens, a such restricted person has done so on an unlawful, unauthorized, and fraudulent basis and in this regard shall bear negative consequences. Citizens and Residence of the United States of America are requested not to participate in the sales conducted by AKIMME Metaverse.
Each purchaser of the NFTs is reminded that this Metaverse has been presented to him/her on the basis that he/she is a person into whose attention the document may be lawfully presented in accordance with the laws of the purchaser’s jurisdiction. It is the responsibility of each potential purchaser of the NFT/tokens to determine if the purchaser can legally purchase the NFT/tokens in the purchaser’s jurisdiction and whether the purchaser can then resell the NFT/tokens to another purchaser in any given jurisdiction.
Certain statements, estimates, and financial information contained in this Metaverse are for informational purposes only and may constitute forward-looking statements or information. Such forward-looking statements or information involve known and unknown risks and uncertainties that may cause actual events or results to differ materially from the estimates or the results implied or expressed in such forward-looking statements or information.
No future value is guaranteed or implied and all participants are reminded that NFT/cryptocurrency investments are volatile and risky in nature.
The Metaverse is designed as a long-term venture and users agree and understand that no immediate, short-term gains will be possible.
You accept and acknowledge:
· The value of an NFTs is subjective. Prices of NFTs are subject to volatility. Fluctuations in the price of the cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility.
· A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
· The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
· You are solely responsible for determining what, if any, taxes apply to your transactions. We are not responsible for determining the taxes that apply to your NFTs.
· There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
· We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, given that blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain, there is a strict NO-REFUND policy on any purchases made by users.
· There are risks associated with using the Internet and blockchain-based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Service or any Blockchain network, however, caused.
· The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
· If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
The English language Metaverse is the primary official source of information. The information contained in the English language Metaverse may from time to time be translated into other languages. In the course of such translation, some of the information contained in the English language Metaverse may be lost, corrupted, or misrepresented. The accuracy of such alternative communications cannot be guaranteed. In the event of any conflicts or inconsistencies between such translations and the official English language Metaverse, the provisions of the English language original document shall prevail.
Any information given in the website, gitbook or metaverse is subject to change in accordance with laws, research, and development.
Limitations of Liability
In no event shall AKIMME be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the Metaverse, even if AKIMME or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
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 any third party due to or arising out of: (1) your Contributions; (2) use of the Metaverse; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Metaverse with whom you connected via the Metaverse or our website. 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.
User Data
We will maintain certain data that you transmit to the Metaverse for the purpose of managing the performance of the Metaverse, as well as data relating to your use of the Metaverse. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Metaverse. 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.
Electronic Communications, Transactions, and Signatures
Visiting the website (including the Metaverse), sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Metaverse, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE METAVERSE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Accuracy of Materials
The materials appearing on our website and Metaverse are not comprehensive and are for general information purposes only. AKIMME does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or any resources linked to this website.
Links
AKIMME has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by AKIMME of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Contact Us
In order to resolve a complaint regarding the Metaverse or to receive further information regarding the use of the Metaverse, please contact us at legal@akimme.io.
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