Please read carefully these Terms and Conditions before using the website “www.koitechstudios.com” as they affect your obligations and legal rights, including, but not limited to waivers of rights and limitation of liability. Koitech Studio will distribute digital Token called KOI, which are utility tokens and will be used inside of KOI apps app, other apps of our ecosystem an also KOI apps referral system. If you intend to hold KOI token from the KOI Sale, you should also read these Terms and accept them. If you do not agree with these Terms, you shall not use the Website or buy KOI token.
1. Agreement – these Terms and all other operating rules, policies, and procedures that may be issued by Koitech Studio and published from time to time on the Website.
2. Blockchain – a type of distributed ledger, comprised of unchangeable, digitally recorded, data in packages called blocks.
3. KOI Sale – a restricted sale to eligible Buyer only during the sale period, which is published by KOI apps or www.koitechstudios.com, when KOI are available to a Buyer for purchase.
4. KOI apps – applications for mobile, website, or other system that will be development by Koitech Studio for the use of the token KOI. Include KOI PoS, Crypto games, Fitness Mobile and Website app, and any app that use KOI token as coin.
5. KOI Token – cryptographic coins, which are software product (digital resources), distributed by the Website Owner as a membership (utility) coin to access KOI apps products and KOI ecosystem.
6. Buyer, User, you – anyone who uses the Website.
7. Website – the website maintained by Koitech Studio at www.koitechstudios.com.
8. Website Owner, Koitech Studio, we, us – decentralized system for the cryptocurrency industry which shall consist of (1) a scalable and efficient decentralized coin that will be used as utility token through KOI apps, a set of online and mobile applications creating a global ecosystem around cryptocurrency, where every owner of a coin has direct ownership protected through a private key in his digital safe on the blockchain; Koitech Studio is a coin distributor and does not provide any services directly. In no way shall Koitech Studio be deemed a partner, employer or agent for any Buyer or providing any financial or banking services thereto.
02. GENERAL INFORMATION
1. These Terms are a legally binding Agreement between you, the Buyer (hereinafter – “You”, the “User”, the “Buyer”, “Investor”), on the one part, and the Website Owner, on the other part, also individually referred to as a “Party” and collectively as the “Parties”.
2. These Terms define basic mutual rights and obligations of the Website Owner and the Users, either taking a part in the Coin Sale or just visiting certain pages of the Website, during their use of the Website, including but without limitation, for the purpose of buying the KOI token.
3. By using the Website, the Users accept these Terms in full and agree to be bound thereby and comply therewith.
4. These Terms are effective at the time the Users begin using the KOI apps
and registering an KOI token account. The Users may withdraw from their obligation under the Terms at any time by discontinuing the use of the Website or KOI apps
and ask for the deletion of their account by sending a request to KOI support available at a link in our KOI apps
5. The User acknowledges and accepts that:
- these Terms are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at Website Owner’s sole discretion, by updating this posting at the “Last Updated” section; the User’s continued use of the Website after the amendments etc. shall constitute the User’s consent hereto and acceptance hereof;
- the Website Owner reserves the right, at its own and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.
6. By using this Website, you covenant, represent, and warrant that:
- you are of an age of majority to enter into these Terms, meet all other eligibility and residency requirements and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply herewith;
- you are aware of all the merits, risks and any restrictions associated with cryptographic coins (their buying and use), cryptocurrencies and Blockchain-based systems, as well as you know how to manage them, and you are solely responsible for any evaluations based on such your knowledge;
- you have necessary and relevant experience and knowledge to deal with cryptographic coins, cryptocurrencies and Blockchain-based systems, as well as you have a full understanding of their framework.
7. Also, if you are using the Website on behalf of any entity: (a) you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity; and (b) references to “you” in these Terms refer to you and such entity, jointly.
8. You shall not use the Website if you are prohibited under the applicable law from using it. Any User that is in any manner limited or prohibited from the purchase, possession, transfer, use or other transaction involving any amount of KOI token under the applicable law should not access this Website and is prohibited accessing, referencing, engaging, or otherwise using this Website.
03. CONFIDENTIALITY OF THE TRANSMISSION OF INFORMATION OVER THE INTERNET
2. The pages of the Website may contain links to third-party websites and services. Such links are provided for your convenience, but their presence does not mean that they are recommended by the Koitech Studio management. In addition, Our Company does not guarantee their safety and conformity with any User expectations. Furthermore, we are not responsible for maintaining any materials referenced from another site and makes no warranties for that site or this service in such context.
3. The Koitech Studio assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.
04. COPYRIGHT OF FEEDBACK MATERIALS
1. You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding KOI Token, KOI apps or the Website (collectively, “Feedback”) that are provided by you, whether by email, posting through the Website or otherwise, are non-confidential and will become the sole property of Koitech Studio. Our Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
05. CONDUCT AND OBLIGATIONS
1. In connection with your use of the Website and KOI apps, you will not: Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are required to be a member through your use of the Website; Provide false, inaccurate or misleading information; Infringe upon KOI apps, KOI Token, Website or any third party’s copyright, patent, trademark, or intellectual property rights; Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters; Reverse engineer or disassemble any aspect of the Website in an effort to access any source code, underlying ideas and concepts, and algorithms; Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; Transmit or upload any material to the Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; Otherwise attempt to gain unauthorized access to the website, other Koitech Studio systems, computer systems or networks connected to the Website or KOI apps, through password mining or any other means; or Transfer any rights granted to you under these Terms.
06. OWNERSHIP OF FUNDS
1. The User certifies to us that any funds used by the User in connection with the Website are either owned by him or that the User is validly authorized to taking part in a Coin Sale using such funds.
1. To the extent allowable pursuant to applicable law, the User shall indemnify, defend, and hold the Koitech Studio and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Koitech Studio arising out of a breach of any warranty, representation, or obligation hereunder.
You expressly waive any rights you may have under the applicable law as well as any other 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 your favor at the time of agreeing to this indemnification.
1. The purchase price that you pay for KOI token is exclusive of all applicable taxes. You are responsible for determining what, if any, taxes apply to your purchase of KOI token, including, for example, sales, use, value-added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. We are not responsible for withholding, collecting, reporting, or remitting any sales, use, value-added, or similar tax arising from your purchase of KOI Token.
09. DISCLAIMER OF WARRANTIES AND LIMITATION OR LIABILITY
1. THIS WEBSITE AND THE KOI TOKEN ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND BUYING OF ANY AMOUNT OF THE KOI TOKEN AND THEIR USE.
2. YOU HEREBY EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE WEBSITE OWNER DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS WEBSITE, FROM BUYING OF THE KOI TOKENS BY THE BUYER, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED AND EVEN IF WEBSITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
3. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND POS OWNER SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF THE KOI TOKEN. TO THE EXTENT ALLOWABLE PURSUANT TO APPLICABLE LAW OF REGULATION, THE PURCHASE OF THE KOI TOKENS BY THE BUYER FROM THE SELLER IS FINAL, AND THUS THERE ARE NO REFUNDS AND/OR CANCELLATIONS. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE WEBSITE OWNER SHALL NOT GUARANTY IN ANY WAY THAT THE KOI TOKENS MIGHT BE SOLD OR TRANSFERRED DURING OR AFTER THE TOKEN SALE.
4. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT IT IS YOUR OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO YOUR COUNTRY OF DOMICILE CONCERNING USE OF THIS WEBSITE AND USE AND BUYING OF THE KOI TOKENS, AND THAT THE WEBSITE OWNER SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED USE OF THIS WEBSITE AND USE AND BUYING OF THE KOI TOKEN. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES IMPOSED ON TOKENS PURCHASED HEREUNDER.
5. THE WEBSITE AND KOI APPS OWNER DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION ON THE WEBSITE AND KOI APPS IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS OR VIRUSES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WEBSITE OWNER SHALL NOT BE LIABLE FOR UNINTERPRETED AVAILABILITY OF THE WEBSITE AND KOI APPS AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with buyers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you.
10. INTELLECTUAL PROPERTY RIGHTS
1. Koitech Studio has valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the Koitech Studio and his activities generally.
2. In no way shall these Terms entitle the User for any intellectual property of the Koitech Studio, including the intellectual property rights for Koitech Studio and all text, graphics, interface, visual interfaces, photographs, trademarks, logos, artwork, and computer code, design, structure, selection, coordination, expression and other content connected to Koitech Studio. The arrangement of such content is owned by Koitech Studio and is protected by the Intellectual Property Rights and fair competition laws.
3. There are no implied licenses under these Terms, and any rights not expressly granted to the User hereunder are reserved by Koitech Studio.
11. JURISDICTION AND DISPUTE RESOLUTION
1. All questions concerning the construction, validity, enforcement, and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of Belice.
12. TERMINATION AND SUSPENSION
1. Notwithstanding anything contained in these Terms, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Website, KOI apps or your KOI Token balance. You may terminate these Terms without notice by discontinuing use of the Website. All rights and licenses granted to you under these Terms will immediately be revoked upon our termination of these Terms or our suspension of your access to the Website, and you must immediately submit payment for any fees payable to KOI Token under these Terms.
1. Entire Agreement. These Terms is intended to fully reflect the terms of the original agreement between the Parties. No provision of these Terms shall be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in these Terms, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of these Terms will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.
2. Severability. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants, and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
3. Assignment. The Koitech Studio
TEAM may, at its sole discretion, assign its rights and/or delegate its duties under these Terms. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Koitech Studio
, which the KOI Token may withhold at its sole discretion, shall be void.
4. The User may send any questions regarding the use of the Website, KOI apps
or regarding these Terms via our support accessible at firstname.lastname@example.org.
TERMS OF COIN SALE
Please read carefully these Terms of Coin Sale (hereinafter – the “Terms”) before purchasing KOI Tokens, as they affect your obligations and legal rights, including, but not limited to, waivers of rights and limitation of liability. If you do not agree with these Terms, you shall not purchase KOI Token. By purchasing KOI Token during Coin Sale Period from Koitech Studio company. Our Company, incorporated as Private Limited Company under the laws of Belice, (hereinafter – the “Seller”), you (hereinafter – the “Buyer”) will be bound by these Terms, and thus your purchase of KOI is subject to these Terms.
Each of the Buyer and the Seller is a “Party,” and together the “Parties”.
WHEREAS, a decentralized public system will be developed where every owner of a coin has direct ownership protected through a private key in his digital safe on the blockchain; and
WHEREAS, the Seller will distribute digital utility coins called KOI Token (hereinafter – the “KOI”) which will be used for access KOI apps
products and services and to power KOI apps
referral system; and
WHEREAS, the Seller holds coins sale campaign (hereinafter – the “Coin Sale”) from 01 of March 2019 to 30 of April 2019 (hereinafter – the “Coin Sale Period”, the “Sale Period”) to promote KOI Token by distributing coins with special coin sale period offer, including but not limited to discounts. The Coin Sale will also end once all the coins as set forth herein are distributed; and
WHEREAS, the Buyer is willing to purchase the KOI token pursuant to the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the foregoing, the Parties, intending to be legally bound, hereby agree to the following:
01. USE OF KOI.
The Buyer understands and accepts that the KOI may be used for Koitech Studio products and services access and to KOI token referral system only. He/she understands and accepts that ownership of Koitech Studio in no way grants any rights, express or implied, other than the right to use the KOI for Koitech Studio products and services access and for referral system. The Buyer expressly agrees that the KOI tokens are not securities, are not registered with any government entity as the securities, shall not be considered as such, are not intended to be a digital currency, commodity or any other kind of financial instrument, do not represent any share, stake or security or equivalent rights, including, but not limited to, any right to receive future revenue shares and intellectual property rights, and do not represent any ownership right. The Seller has prepared a Whitepaper to describe matters related to a global ecosystem around cryptocurrency KOI Token would act as an utility coin and provide access to products and services of this platform, included, but not limited to, any technological aspects and software matters.
02. SCOPE OF TERMS
The Buyer hereunder commits to purchase the KOI tokens and the Seller hereby expressly agrees to sell to the Buyer KOI tokens. In order to do so the Buyer will transfer payment as set forth herein and the Seller will allocate an amount of KOI tokens which is equivalent to the payment to the ETH-address of the Buyer once the KOI token sale period ends. Unless otherwise stated herein, these Terms of Coin Sale govern only purchase of KOI token by the Buyer from the Seller during the Coin Sale Period. The use of KOI token and relations between the Parties may be governed by any other applicable terms and policies.
03. ACCEPTANCE, PURCHASE, PRICE AND PAYMENT
By buying KOI tokens hereunder, the Buyer expressly accepts all terms and conditions described herein and agree to be bound thereby and comply therewith. The Buyer will be able to buy one (1) KOI tokens at a different price depending on the date (price is expressed in US dollars but payment will be done in Ether (ETH) at the market price at the time of the purchase): 0,002100840336134 ETH (or it equivalent in USD) during the Sale Period from 01 of March until 30 of April 2019, In order to purchase KOI the Buyer shall send cryptocurrency, i.e., ETH, BTC, etc., in the amount which is equivalent to the amount of the KOI USD value the Buyer is willing to receive for such payment to the unique address of the Seller provided by the Seller to the Buyer.
04. OTHER CONDITIONS OF KOI COIN PURCHASE
The Seller will issue KOI once Coin Sale ends. During the Sale Period, the Seller is willing to sell 4% of total amount of the KOI total supply, which will be distributed by the Seller, and thus to receive up to 100,000,000 USD in return for sold tokens. The coin distribution will be carried out using specially deployed the coin sale system. The Seller will provide an account and an KOI wallet to the Buyer. The Buyer will receive the purchased KOI in his online wallet immediately after the purchase has been done but this wallet will allowing transactions (deposits and withdrawals) only after the Seller’s Coin Sale ends. The Buyer may purchase KOI via any Ethereum client and/or Bitcoin client.
05. REPRESENTATIONS AND WARRANTIES
By buying KOI, the Buyer represents and warrants that:
2. he/she is of an age of majority to enter into these Terms, meet all other eligibility and residency requirements, and are fully able and legally competent to enter the terms, conditions, obligations, affirmations, representations and warranties set forth herein and to abide by and comply herewith;
3. he/she will be solely responsible for any applicable taxes imposed on the KOI purchased hereunder and will comply with any applicable tax obligations in your jurisdiction arising from your purchase of KOI;
4. he/she acknowledge and agree that there are risks associated with purchasing coins, owning coins, and using coins for the provision and receipt of products and services in the KOI apps Platform;
5. he/she has in-depth knowledge and deep understanding of technical and business matters (including those that relate to the Services and KOI apps Platform), of the KOI market, Blockchain-based systems and cryptocurrencies, as well as obtained sufficient information about the Buyer and KOI to enter these Terms, and thus to purchase KOI and to appreciate the risks and implications of purchasing KOI;
6. he/she understands the restrictions and risks associated with the creation of KOI as set forth herein, and acknowledge and assume all such risks;
7. he/she is aware of and knows how to manage all the merits, risks and any restrictions associated with KOI market, Blockchain-based systems and cryptocurrencies;
8. he/she understands that KOI market is highly speculative and volatile in nature and that these Terms is in no way an investment advice or an offer to invest, as well as he/she is not purchasing KOI for speculative investment;
9. he/she has obtained sufficient information about the KOI, the Services and the KOI apps Platform to make an informed decision to purchase KOI;
10. he/she understands that the KOI confer only the right to provide and receive Services in the KOI apps Platform and confer no other rights of any form with respect to the KOI apps Platform or the Company, including, but not limited to, any ownership, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights;
11. he/she is purchasing KOI solely for the purpose of receiving Services, participating in the KOI apps Platform, and supporting the development, testing, deployment and operation of the KOI apps Platform, being aware of the commercial risks associated with the Company and the KOI apps Platform. He/she is not purchasing KOI for any other purposes, including, but not limited to, any investment, speculative or financial purpose;
12. his/her purchase of KOI complies with applicable laws and regulations in his/her jurisdiction, including, but not limited to, (i) legal capacity and any other threshold requirements in your jurisdiction for the purchase of the KOI and entering into contracts with the Company, (ii) any foreign exchange or regulatory restrictions applicable to such purchase, and (iii) any governmental or other consents that may need to be obtained;
13. If he/she is purchasing KOI on behalf of any entity, he/she is authorized to accept these Terms on such entity’s behalf and that such entity will be responsible for breach of these Terms by you or any other employee or agent of such entity (references to “you” in these Terms refer to you and such entity, jointly);
14. he/she is not (i) a citizen or resident of a geographic area in which access to or use of the Services or the acceptance of delivery of the Coins is prohibited by applicable law, decree, regulation, treaty, or administrative act, (ii) a citizen or resident of, or located in, a geographic area that is subject to the U.S. or other sovereign country sanctions or embargoes, or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing 7 under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
15. making a contribution and receiving coins under these Terms is not unlawful or prohibited under the laws of your jurisdiction or under the laws of any other jurisdiction to which you may be subject and any contribution shall be made in full compliance with applicable laws (including, but not limited to, in compliance with any tax obligations to which you may be subject in any relevant jurisdiction);
16. any contribution to be made by you for the purchase of KOI is not derived from or related to any unlawful activities, including but not limited to money laundering or terrorist financing activities;
17. he/she shall not use the KOI to finance, engage in, or otherwise support any unlawful activities.
06. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
By buying of the KOI, the Buyer represents/warrants and accepts that:
1. there are certain risks associated with purchasing KOI, holding KOI, and using KOI. By purchasing KOI, the Buyer expressly acknowledge and assume such risks, including, but not limited to, risk of losing access to tokens due to loss of private key(s), risks associated with the blockchain, risk of mining attacks, risk of hacking and security weaknesses, risks associated with markets for coins, etc.;
2. that the coin blockchain is still in an early development stage and unproven, why there is no warranty that the process for creating KOI will be uninterrupted or error-free and why there is an inherent risk that the blockchain could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of coins;
3. that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of blockchain and which may, inter alia, result in substantial modifications of the KOI Token protocol, including its termination and the loss of KOI for the Buyer.
07. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE KOI ARE TO BE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO BUYING OF ANY AMOUNT OF THE KOI AND THEIR USE. THE BUYER HEREBY EXPRESSLY AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THE SELLER DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS WEBSITE, AS WELL AS FROM PURCHASING OF THE KOI, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED AND EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE BUYER UNDERSTANDS AND AGREES THAT THE SELLER SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF THE KOI. THE BUYER UNDERSTANDS AND EXPRESSLY AGREES THAT THE SELLER SHALL NOT GUARANTY IN ANY WAY THAT THE KOI MIGHT BE SOLD OR TRANSFERRED DURING OR AFTER THE COIN SALE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO THE BUYER, THE LIMITATIONS WILL APPLY TO THE BUYER ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE BUYER UNDERSTANDS AND AGREES THAT IT IS HIS/HER OBLIGATION TO ENSURE COMPLIANCE WITH ANY LEGISLATION RELEVANT TO HIS/HER COUNTRY OF DOMICILE CONCERNING PURCHASING OF THE KOI, AND THAT THE SELLER SHOULD NOT ACCEPT ANY LIABILITY FOR ANY ILLEGAL OR UNAUTHORIZED PURCHASING OF THE KOI. THE BUYER AGREES TO BE SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES IMPOSED ON COINS PURCHASED HEREUNDER.
To the extent allowable pursuant to applicable law, the Buyer shall indemnify, defend, and hold the Seller and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Buyer arising out of a breach of any warranty, representation, or obligation hereunder.
09. INTELLECTUAL PROPOERTY RIGHTS
The Seller has valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the KOI and his activities generally. In no way shall these Terms entitle the Buyer for any intellectual property of the Seller. There are no implied licenses under these Terms, and any rights not expressly granted to the Buyer hereunder are reserved by the Seller.
10. JURISDICTION AND DISPUTE RESOLUTION
All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of Belice.
These Terms constitute the entire agreement between the Buyer and the Seller relating to the Buyer’s purchase of the KOI from the Buyer during the Sale Period. No provision of these Terms shall be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in these Terms, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of these Terms will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable. The Seller may assign the Seller’s rights and obligations under these Terms. Any notice or other communication given or made under these Terms shall be and may be delivered in electronic form. At any time, the Seller may make changes to these Terms as reasonably required to comply with applicable law or regulation. In cases of changes, the amended Terms will be published on www.koitechstudios.com, “Last Updated” date above will be updated as well. The amended Terms will be effective immediately. In no way, the Seller shall be liable for any delay or failure to perform any obligations under these Terms as a result of a cause beyond the Seller’s reasonable control. These Terms and purchasing of the KOI by the Buyer in no way create any exclusive relationship between the Buyer and the Seller nor any partnership, joint venture, employment or agency