Effective date: January 15,2023
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you") and Ambitionz Software Pte Ltd. Aka MixMob (“we", “us", or “our") concerning your access to and use of the www.MixMob.io website and the MixMobApp as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and “MixMob” and the “MixMobApp").
The MixMob Ecosystem is a Play-&-Earn consumer gaming experience powered by the Solana Network (the "Blockchains"), using specially-developed smart contracts (each, a “Smart Contract”) to enable users to own, transfer, game, and with increased skill progress your digital NFT Avatar. It also enables users to own and transfer other digital assets MixMob items. These assets can then be visualized on a website that the user can interact with (the "Site"). In MixMob, you are represented by an NFT avatar. The Card Strategy and Battle Racing Game and more games to be added provide a comprehensive gaming experience. All MixMob character NFTs are mutable to reward progression in the game and allow gamers to compete for metadata. The platform rewards creativity and style as much as skill and reflex which heuristically improve your avatar. To facilitate the play of the growing list of games, MixMob implements blockchain utility tokens. They are used to gain entry to the games and can be earned playing the game. A MixMob NFT a Gen0 mask and a one-of-a-kind identity in the game avatar is required to gain entry to the games. The MixMob Tokens currently include the SUD$ (Subdomain Dollars). SUD$ is earned via playing the game in the form of Racing and Remixing MixBots. SUD$ tokens have an unlimited supply and can be earned through gameplay but are usable and exchangeable within the MixMobAPP only. SUD$ is not intended to be a medium of exchange accepted by the public, or a section of the public, as payment for goods or services or for the discharge of a debt. Also to be included is the MXM (MixMob Token). MXM is intended to be the governance and NFT collector token that is rewarded via collecting and selling special NFTs in the game, playing special tournaments, and through special in-game quests. MXM is earned via designated gameplay and eventually can be purchased on a “to be determined” distributed exchange (DEX). The following features are planned for MXM: (a) in order to promote decentralized community governance for the network, MXM would allow holders to create and vote on on-chain governance proposals to determine future features and/or parameters of the MixMob, with voting weight calculated in proportion to the tokens staked (the right to vote is restricted solely to voting on features of MixMob; it does not entitle MXM holders to vote on the operation and management of the Company, its affiliates, or their assets or the disposition of such assets to token holders, or select the board of directors of these entities, or determine the development direction of these entities, does not constitute any equity interest in any of these entities or any collective investment scheme; the arrangement is not intended to be any form of joint venture or partnership). For example, users will be able to vote on MixMob style and designs, new games, events or tournaments within the game ecosystem; (b) MXM functions as a loyalty membership point which embeds a licence to allow holders access to play/utilise exclusive in-game content, so users will be classified into different loyalty tiers based on the amount of MXM held and volume of transactions. The premium membership tiers would allow users to get greater access to the game features and more preferential terms, for example certain exclusive products/services, or higher level of transaction rewards for interacting within the game ecosystem. The Smart Contracts and the Site are collectively referred to in these Terms as the “MixMobApp”. Using the MixMobApp, users can view their assets and use the Smart Contracts to acquire, trade, battle, and breed creatures with other MixMobApp users.
TO USE THE MixMobAPP, THE SMART CONTRACTS, AND THE SITE YOU MUST ACCEPT ALL OF THESE TERMS. BY USING THE MixMobAPP, THE SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL MixMob PRODUCT, 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 EXPRESSLY PROHIBITED FROM USING THE SITE, THE MixMobAPP AND THE SMART CONTRACTS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site, the MixMobApp, and the Smart Contracts 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 Service at any time and for any reason. We will alert you of 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. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site, the MixMobApp, and the Smart Contracts after the date such revised Terms of Service are posted.
The information on the Site, the MixMobApp, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the MixMobApp while breaking their local laws are doing it on their own initiative and will have to deal with the consequences when MixMobApplicable.
The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site, the MixMobApp, and the Smart Contracts.
1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the MixMobApp and the Smart Contracts are our proprietary property and all source code, database, functionality, software, website design, audio, video, text, photographs, and graphics on the Site and the MixMobApps (collectively, the “Content") and trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the British Virgin Islands, foreign jurisdiction and international conventions. Except as expressly provided in these Terms of Use, no part of the Site, the MixMobApp 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 purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, the MixMobApp and the Smart Contracts, you are granted a limited license to access and use the Site or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the MixMobApp, the Content, and the Marks.
Provided that you own, or get permission from someone who owns an MixMob NFT asset, you are granted a limited license to create fan-art which can be used commercially given that you follow the terms set herein:
Creating original fanart without monetizing it is acceptable without any license or ownership.
2. USER REPRESENTATIONS
By using the Site, the MixMobApp and the Smart Contracts, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site, the MixMobApp and the Smart Contracts through automated and non-human means, whether through a bot, script or otherwise. (6) you will not use the Site, the MixMobApp, and the Smart Contracts for any illegal and unauthorized purpose; and (7) your use of the Site, the MixMobApp, and the Smart Contracts will not violate any Applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the MixMobApp, and the Smart Contracts (or any portion thereof). (8) you (a human being) will only use one in-game account to earn tokens (e.g. SUD$) in any 24-hour period. (9) you, as an SUD$ or MXM owner, are responsible for the actions of any players using any MixMob tokens you own that play on your behalf, and that their actions can have consequences for any connected accounts that you own.
MixMob reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of MixMob services in certain countries or regions.
3. USER REGISTRATION
You may be required to register with the Site, the MixMobApp, and the Smart Contracts. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is in appropriate, obscene, or otherwise objectionable.
4. PROHIBITED ACTIVITIES
You may not access or use the Site, the MixMobApp, and the Smart Contracts for any purpose other than that for which we make the Site, the MixMobApp, and the Smart Contracts available. The Site, the MixMobApp, and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with MixMob Limited.
5. FEE AND PAYMENT
Any purchases (e.g., buying SUD$ tokens) from the site or marketplace will be done through smart contracts on a blockchain using a wallet like Phantom Wallet. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet such as Phantom Wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the MixMobApp or using the Smart Contracts, or any other transactions that you conduct via the Solana network,
Solana requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Solana network. The Gas Fee funds the network of computers that run the decentralized Solana network. This means that you will need to pay a Gas Fee for each transaction that occurs via the MixMobApp.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the MixMobApp (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer of any of your MixMob digital assets). Except for income taxes levied on MixMob, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
6. SUBMISSION
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the MixMobApp and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
7. THIRD-PARTY WEBSITE AND CONTENT
The Site and/or the MixMobApp (or you may be sent via the Site and/or the MixMobApp) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, Applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the MixMobApp, or any Third-Party Content posted on, available through, or installed from the Site and/or the MixMobApp, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and/or the MixMobApp and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the MixMobApp or relating to any applications you use or install from the Site and/or the MixMobApp. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
8. ADVERTISER
We may allow advertisers to display their advertisements and other information in certain areas of the Site and the MixMobApp such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the MixMobApp, and any services provided on the Site and/or the MixMobApp, 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 Site and/or the MixMobApp, 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.
9. TERMINATION
These Terms of Service remain in full force and effect while you use the Site, the MixMobApp and the Smart Contracts. 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 SITE, THE MixMobAPP AND THE SMART CONTRACT (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 SERVICE OR OF ANY MixMobAPPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, THE MixMobAPP AND THE SMART CONTRACT OR DELETE YOUR ACCOUNT WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
10. GOVERNING LAW
These Terms of Service will be governed by and construed and enforced in accordance with the laws of Singapore, without regard to conflict of law rules or principles (whether of Singapore or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute arising out of or in connection with these Terms or any of the transactions contemplated in connection with the same (including without limitation the enforceability of this arbitration Clause, any question regarding existence, validity or termination) shall be referred to and finally resolved by arbitration. Each Party agrees to keep all matters relating to this arbitration, including the arbitral awards, confidential, except as is otherwise required by court order or as is necessary to confirm, set aside or enforce the arbitral award and for disclosure in confidence to each Party’s respective legal, financial or other professional advisors.
11. DISPUTE RESOLUTION
11.1 Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
11.2 Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration can take place in the Singapore where arbitration is administered by the Singapore International Arbitration Centre (SIAC) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC Rules) for the time being in force, which rules are deemed to be incorporated by reference in this arbitration Clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Singapore, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site, the MixMobApp and the Smart Contracts be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
11.3 Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
12. DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE MixMobAPP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE MixMobAPP 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 MixMobAPPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE MixMobAPP AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, 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 MixMobAPP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE MixMobAPP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE MixMobAPP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE MixMobAPP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE MixMobAPP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE MixMobAPP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT MixMobAPPLY 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 SOLANA NETWORK 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 MixMobAPP, SOLANA NETWORK.
MixMob SUD$’S ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE SOLANA NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE SOLANA NETWORK. MixMob LIMITED HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. MixMob IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE SOLANA NETWORK. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE SOLANA NETWORK,INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
YOU UNDERSTAND AND ACCEPT THAT SUD$:
SUD$ does not have any tangible or physical manifestation, and does not have any intrinsic value (nor does any Group Entity or any other person make any representation or give any commitment as to its value).
You acknowledge and agree that no Group Entity is under any obligation to issue replacement SUD$ in the event any SUD$ or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible or unusable for any reason.
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 INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE MixMobAPP 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 DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE MixMobAPP 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 MixMobAPP 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 MixMobAPPLY TO PERSONAL INJURY CLAIMS.
14. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your MixMobs digital assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of MixMobs will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your MixMob-related transactions. MixMob is not responsible for determining the taxes that MixMobApply to your transactions on the MixMobApp, the Site, or the Smart Contracts.
C. The MixMobApp does not store, send, or receive MixMob digital assets. This is because MixMob digital assets exist only by virtue of the ownership record maintained on the MixMobApp’s supporting blockchain on the Solana network.
D. There are risks 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 MixMob will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ronin network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the MixMob ecosystem, and therefore the potential utility or value of MixMob digital assets.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the MixMob ecosystem, and therefore the potential utility or value of MixMob digital assets.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of: (1) use of the 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 MixMobApp and the Smart Contracts with whom you connected via the Site, the MixMobApp 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
We will maintain certain data that you transmit to the Site, the MixMobApp and the Smart Contracts for the purpose of managing the performance of the Site, the MixMobApp and the Smart Contracts, as well as data relating to your use of the Site, the MixMobApp and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, the MixMobApp 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 Service and any policies or operating rules posted by us on the Site, the MixMobApp and the Smart Contracts, or in respect to the Site, the MixMobApp 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 Service shall not operate as a waiver of such right or provision. These Terms of Service 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 Service is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Service 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 Service or use of the Site. You agree that these Terms of Service 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 Service and the lack of signing by the parties hereto to execute these Terms of Use
