Kikit(hereinafter referred to as “the Company” “We”, “Us”, “Our”)https://kikit.io/ (hereinafter referred to as the “Website”, the “Platform”) TERMS AND CONDITIONS
Please read the Terms (hereinafter referred to as the “Terms”, “Terms and Conditions”)
carefully before accessing, browsing, or using the Website or the Platform (hereinafter collectively referred to interchangeably as the “Website” or “Platform”)
, and/or using the Company’s services, patents and/or trademarks. Your access to, and use of the Website and our Services, is condition on your acceptance of, and compliance with, these Terms and Conditions.
These Terms apply to all Visitors, Users and others who access or use the Website, participate in any way in our Services or any other ancillary and/or connected trademarks. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Website or participate in our Services. Your continued access or use of the Website and/or Services shall be deemed as conclusive acceptance of these Terms.
You are advised to check these Terms and Conditions periodically to ensure that you are aware and comply with the current version of these Terms. Any and all changes are binding on users of the Website, and will take effect immediately from the posting of the revised documentation on the Website. By continuing to use the Website, you agree to be bound by such variation.1. Definitions
1.1. The Definitions and rules of interpretation in this clause apply in the Terms and Conditions.
Means these Terms of Service and all Appendixes
Means the continual provisions of the Services
Means communication by means of electronic transmission (e-mail)
Means all non-public information disclosed by one party to the other in connection with this Agreement that the disclosing party marks as confidential or which the receiving party shall reasonably know to be the confidential information of the other party
A form of digital or virtual currency secured by cryptography
Means non-fungible token
Shall mean an instrument in writing for the purposes of Communication, unless otherwise specified
Means the process of purchasing a Service or Services of the Company
Means you or us, as applicable, or you and us collectively
Means our technology platform and infrastructure that we use to perform the Service
Means our provision of validation services to Supported Networks, including, without limitation, producing and validating new blocks, processing transactions, and securing the network, as well as any other Service the Company expressly offers
A computer code agreement conducted through the blockchain and stored on an immutable public database
Means any blockchain network for which our Platform is able to perform the Service
“Supported Network Protocol/ Protocol”
Means the rules by which the Supported Network operates
Means the underlying digital asset of the Supported Network
“Visitor(s)”, “User(s)”, “You(r)”
Means reference to any person or legal entity using the Website and/or the Company’s Services
Means the Website managed and maintained by the Company in connection with the Service
1.2. Certain Defined Terms
1.2.1. Clauses and Schedule Headings: Clauses and Schedule Headings do not affect the interpretation of the Terms and Conditions set herein.
1.2.2. References to “Person(s)”: A “Person” includes a natural person, a corporate, or unincorporated body, whether or not having a separate legal personality.
1.2.3. References to Law(s): A reference to a particular law or regulation is a reference to it as it is in force from time to time, taking into account any and all amendments, extensions, applications, or re-enactment, and includes any subordinate legislation from time to time in force made under it.
1.2.4. References to Appendix(es): This agreement incorporates Appendixes which shall have the same force and effect as if the terms and details were set out as part of this Agreement.2. Scope
2.1. These Terms govern the legal relationship between the Company and the User.
2.2. These Terms govern the rules and otherwise of the Service, including for participation.3. Company’s Responsibilities
3.1. The Company shall provide the following;
3.1.1. The Service will be operated in a diligent and professional manner and in accordance with applicable industry standards.
3.1.2. Reasonable security safeguards will be employed by the Company to protect the integrity and availability of the Service.4. Services
4.1. The Company facilitates a gateway for gamers who wish to gain access to previously expensive and inaccessible NFTs within blockchain gaming, and also provides an ecosystem for the gamers to learn.
4.1.1. The Company facilitates play-to-earn games in a metaverse space. 4.1.2. The Company provides education and support regarding blockchain, crypto, DeFi and CeFi, management of money and investing guidance, among others.5. Discontinuation of the Services
5.1. The Company reserves the right to discontinue the Services at any time, for any reason, or no reason.
5.2. If the Company decides to discontinue the Services, it will announce such intention in due course.6. Disclaimers & Warranties
6.1. We do not guarantee that the Website and Services will be secure and/or free from bugs and/or virus(es).
- 6.1.1. The User is advised to use their own virus protection software.
- 6.1.2. In the event that the Website or Services contains bugs and/or virus(es),
the Company excludes any liability to the fullest extent permitted by current and applicable laws and regulations.
6.2. The User is responsible for configuring their information technology, computer programmes and platform, in order to access the Website or Services.
6.3. The content and materials available on the Website or Services are for informational purposes only, and is/are not intended to address the User’s particular needs and requirements.
6.3.1. The content and materials available on the Website or within the Services:
18.104.22.168. does/do not constitute any form of advice or recommendation by us;
22.214.171.124.shall not be regarded as an offer, solicitation, invitation or recommendation to buy or sell any financial services;
126.96.36.199.is not intended to be relied upon in making any specific investment, or taking any other decision(s).
6.4. Except as expressly provided herein, neither party makes any warranty or representation of any kind, whether express, implied, statutory or otherwise.
6.5. Each party specifically disclaims all implied warranties, including any implied warranty of merchantability, title, fitness for a particular purpose or non-infringement.
6.6. The Company specifically disclaims all liability and obligations with respect to any third-party providers.
6.7. The Company makes no representations or warranties with regard to the potential market for the Service or the amount of net rewards that may be generated hereunder.
6.8. The Company has made no commitments or promises orally or in writing with respect to delivery of any future features or functions of the Services.
6.8.1. In relation to any future features or functions, all presentations, request for proposal response, and/or product roadmap documents, information or discussions, either prior to or following the entering into this Agreement, are for informational purposes only, and the Company shall have no obligation to
provide any future releases or upgrades or any features, enhancements or functions, unless specifically agreed to in writing by both parties.
6.9. No Fiduciary Duties. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us.
6.9.1. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
6.9.2. You agree that the only duties and obligations we owe you are those set out expressly in this Agreement.7. Assumption of Risk
7.1. By accessing and using the Website, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems.
7.2. You understand and agree to assume full responsibility for all the risks of accessing using the Website and interacting with the Protocol.8. Accuracy of Information
8.1. The Company strives to provide the most reasonable and accurate information. 8.1.1. However, any data and information presented on the Platform may be wrong and/or may not reflect the current status.
8.1.2. All information is subject to change and the Company does not in any way guarantee accuracy or completeness of the information provided on the Website.
8.1.3. The metrics the Company has developed and presents on this Platform, are based on its own methodology. If they are misinterpreted by the User, we shall not be held liable.
8.2. It is the User’s responsibility to ensure that any Services and/or information available through this Website meet their specific requirements.
8.3. The User acknowledges and accepts that for any inaccurate information or errors in this Website, we expressly exclude liability to the fullest extent permitted by current and applicable laws and regulations.9. Access to the Website
- 9.1. Access to the Website is provided on an “as is” and “as available” basis only.
- 9.2. The Services in the Website are not tailored for any specific individual or entity.
- 9.3. We do not guarantee that the Website, or any content in it, will always be
available and/or uninterrupted.
9.4. From time to time, access may be interrupted and/or suspended and/or restricted, including, but not limited to, because of a fault, an error, or unforeseen circumstances, or because a planned maintenance is carried out.
9.5. We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction we deem necessary and/or fit, at any time and at our sole discretion.
9.6. If the User(s) breach any of the Terms and Conditions set herein, we reserve the right to prohibit this User’s access to the Website.
9.7. We shall not be held liable to the User(s) for any and all loss and/or damage they may suffer as a result of the Website being unavailable at any time and for any reason.10. Use of the Website
- 10.1. The use of this Website is subject to the following terms;
- 10.1.1. All content is for general use only.
- 10.1.2. All content is subject to change without notice.
- 10.2. You agree that you are at least 18 (eighteen) years old, or at least the age of
majority in your country, state, or province of residence to visit the Website.
10.2.1. If you have not reached the age of maturity, you are prohibited from using this Website, unless you provide the Company with written consent from your guardians explicitly allowing you to use this Website.11. Prohibited Use and Activities
11.1. You agree to access and use the Website only for its intended purpose, acknowledging the terms set out herein.
11.2. You agree and accept that you will not attempt to:
11.2.1. Make commercial use of the Website or any of its content, without our express and written permission;
11.2.2. Attempt to hack, make unauthorised alterations to, gain unauthorised access to, or introduce any kind of malicious code to the Website by any means; 11.2.3. Reverse engineer, dissemble, or decompile, whether in whole or in part, any software available through the Website;
188.8.131.52. You shall bear the risk of loss for, and assume all liability
arising from, any unauthorised or fraudulent usage of the Services. 11.2.4. Make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website, or any material or information contained in it;
11.2.5. Use the Website for any purpose that is unlawful according to the current and applicable laws and regulations;
11.2.6. Use the Website to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or any other information (also known as “phishing”);
11.2.7. Use the Website in any manner that results in the disruption of its operation;
11.2.8. Send or store malicious code in connection with the Services;
11.2.9. Use manual or automated tools to scan or probe the Services in order to determine vulnerabilities;
11.2.10. Disguise or interfere in any way with the IP address of the computer you are using to access the Website, or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using while accessing the Website;
11.2.11. Act in a way that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy or other proprietary or intellectual property rights under the applicable laws and regulations;
11.2.12. Act in a way that seeks to defraud the Company or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information, in order to unlawfully obtain the property of another; 11.2.13. Act in a way that violates any applicable law, rule or regulation, concerning the integrity of trading markets, including, but not limited to, the manipulative tactics commonly known as spoofing and wash trading.
11.3. This Website contains Material which may be either owned by, or licensed to us. This Material includes, but is not limited to, the Services, methodology, practices, design, layout, look, appearance and graphics.
11.4. If you attempt to act in any way that is contrary to the intended purposes of the Website, and/or if you attempt to do use the Website in a prohibited manner, as set out above, you acknowledge, accept and hereby agree that you will be held liable for any and all occurring consequences, which may include, but are not limited to, any financial or other losses of the Company.
11.5. The Company reserves the right, and may act in its sole discretion, to take any and all action it deems appropriate, including, without limitation, blocking access to geographic areas or suspending access to Services in order to prevent or terminate any fraud, abuse or illegal use of, or activities in connection with the Services or any other breach of this Section.
11.5.1. Any such action that the Company decides to take shall always be consistent with all applicable laws, rules and regulations.12. No Investment Advice
12.1. The Company facilitates a gaming platform and any data and/or information presented should not be considered investment advice and/or financial advice and/or trading advice, or any other sort of advice.
12.2. The Company does not recommend, nor endorses any investment decision, such as buying, selling, or holding a digital asset. The User(s) should not use any data and/or information presented on this Platform as the only reference for their investment decision(s). The User(s) shall make their due diligence and consult their financial or other advisory prior to investing in any digital asset.
12.3. By using this Platform, the User(s) also acknowledge the risks inherently related to investing in digital assets.
12.4. The Company shall not be held responsible for any investment decision of a User, that is based on the information provided in this Platform.13. Indemnification
13.1. User shall indemnify, defend and hold harmless the Company from and against all claims, suits and actions brought against the Company by a third party, and all resulting liabilities, damages, losses, and costs awarded by a court or included as part of a final settlement (in addition to reasonable attorney’s fees and disbursements), arising from, or relating to user’s use of the Services herein, in a manner that breaches the terms and conditions of this Agreement, or violates any applicable law(s) and/or regulation(s).14. Termination
14.1. These Terms shall remain in effect when the User refrains from using the Website.
14.2. Upon termination of this Agreement, all licenses to access and use the Services will terminate, and user shall immediately thereafter discontinue all such access and use.
14.3. Any obligations and/or duties that, by their nature, extend beyond the expiration or termination of this Agreement shall survive the expiration of termination of this Agreement.
14.3.1. Such obligations and/or duties may include, but are not limited to, the following:
184.108.40.206. 220.127.116.11. 18.104.22.168.
Accrued rights to payment; Confidentiality obligations; Limitations of liability.
14.3.2. All disclaimers, indemnities, and exclusions in these Terms shall survive termination of the Terms, and shall continue to apply during any suspension or any period during which the Website is not available for use for any reason.15. Proprietary Rights
15.1. The Company owns all intellectual property and other rights in the Website and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents and designs.
15.2. All rights, title, and interest in and to the Website, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights therein, shall remain in the Company’s sole and exclusive property.
15.3. Unless expressly authorised by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use the Website or any of its contents.
15.4. Use of the Website or its contents for any purpose not expressly permitted by this Agreement is strictly prohibited.16. Data Protection & Compliance
16.1. The Company complies with all data protection laws applicable.
16.2. Usage. We use your personal information, such as your name, language, currency, operating system, country information, for the following purposes:
16.2.1. To provide you information that will allow you to use our Services; 16.2.2. To notify you of any software upgrades, updates or other Services; 16.2.3. To provide you a better experience with our Services.
16.3. Consent. When you provide your personal information, you consent that this information can and will be used for the above purposes, and as the Company deems fit, always in accordance with the relevant Privacy and Personal Data rules.
16.4. Access to your Information. You are entitled to review the personal information you have provided us and ensure that it is accurate and current at all times. To review and/or update this information, please contact us at firstname.lastname@example.org.
16.5. Retention of Information. We retain information as long as it is necessary to provide the services requested by you and others, subject to any legal obligations to further retain such information.
16.6. Disclosure of Information. Your information is not shared outside the Company without your permission, unless for the intended purposes of the Website and whereby required for the efficient use of our Services.
16.6.1. We retain the right to disclose your personal information, without notice, only if required to do so by any relevant law and/or regulation, or in the good faith belief that such action is necessary to:
22.214.171.124. conform the edicts of the law, or comply with legal process served on the Website;
126.96.36.199. protect and defend the rights or property of the Company and its family of websites and properties;
188.8.131.52. act in urgent circumstances to protect the personal safety of the Website’s Users.
16.7. Information associated with your account will generally be kept until it is no longer necessary to provide the services, or until you ask us to delete such information, or your account is deleted.
16.8. We retain the right to retain any relevant and/or required information from deleted accounts to comply with the law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms, and take any other actions permitted by law.17. Complaints & Disputes
17.1. Should any complaint, dispute, disagreement or claim (hereinafter referred to as the “Dispute”)
arise between the Company and the User, concerning the Company, the Services or any of the Terms set herein, the Parties shall try to resolve the dispute by negotiation.
17.1.1. Negotiation includes one party inviting the other, in writing, to attempt to resolve the dispute within 7 (seven)
days from the date of the written invitation.
184.108.40.206. The meeting may be conducted in person or through any means of communication.
220.127.116.11. If the receiving Party is unable for reasonable reasons, they must contact and inform the other Party as soon as possible, and attempt to arrange a date in the reasonable future.
17.2. In the event the negotiation does not resolve the matter, both Parties further agree to utilize an independent Arbitrator.
17.2.1. The findings of the Arbitrator shall be full, final and legally binding upon the Parties.
17.3. In the event that the Parties cannot resolve any such discrepancies or disputes, the existing and then current terms and conditions set forth in this Agreement shall remain in full force and effect.18. Confidentiality
18.1. Each party may be exposed to the other party’s Confidential Information, in the course of each party’s performance under these Terms and Conditions.
18.1.1. Confidential Information for the purposes of these Terms and Conditions, shall amount to any and all information sent to the other party in confidence. This includes, but is not limited to:
18.104.22.168. 22.214.171.124. 126.96.36.199. 188.8.131.52.
sensitive information; wallet details;
bank details; addresses;
184.108.40.206. any other information which a reasonable person would
18.1.2. Each party, on or behalf of itself and its employees, contractors and agents (hereinafter referred to as the “Representatives”), agrees not to use or disclose any Confidential Information during, or after the term, without the prior written consent of the other party, except as set forth herein, or as required by applicable law(s) and regulation(s).
To the above, the Parties agree to:
220.127.116.11.1. Limit dissemination of Confidential Information to only those Representatives with a “need to know” in connection with this Agreement.
18.104.22.168.2. Advise each Representative who receives Confidential Information of the confidential nature of such information.
22.214.171.124.3. Have appropriate agreements, policies, and/or procedures in place with such Representatives sufficient to enable compliance with these confidentiality obligations.
18.2. The User shall not, at any time, use, divulge, or communicate to any person, except to the User’s professional representatives or advisers or as may be required by law or any legal or regulatory authority, any Confidential Information concerning the Terms herein, the business or affairs of the Company, which may have, or may in future, come to the User’s knowledge.
18.3. The User undertakes to make all reasonable efforts to prevent the publication or disclosure of any Confidential Information concerning or connected to such matters.
18.4. This Section shall survive termination of this Agreement.19. Taxes
19.1. The user shall be responsible for payment of all taxes, fees, sub-charges, however designated, imposed on, or based upon, the use of the Services by the use of the Services provided according to the Terms herein.
19.2. Neither the Company, nor any of its Representatives shall provide any advice or guidance with respect to the tax obligations of the user. The user shall seek advice from their own tax advisor for the purposes of the potential tax consequences of entering into this Agreement.20. Force Majeure
20.1. The Company shall be excused from any delay or failure in performance of this Agreement to the extent such delay or failure is caused by wildfire, flood, explosion, war, embargo, governmental requirement, civil or military authority, Act of God, or any other causes beyond its reasonable control.
20.1.1. Any such delay or failure of the Company to perform its duties and obligations under this Agreement, shall suspend the Company’s duties and obligations to perform under this Agreement, until the cause for the delay or failure ceases to exist and/or ceases to affect the Company’s ability to perform such duties and obligations.21. Severability
21.1. If any provision of this Agreement shall be held to be invalid or unenforceable, the invalidity or unenforceability shall not invalidate this Agreement or render this Agreement unenforceable, but rather this Agreement shall be deemed modified to the least extent necessary to make it enforceable, and all other provisions of this Agreement will remain unaffected.22. Changes to the Agreement
22.1. The Company may revise these Terms and Conditions set herein from time to time.
22.2. The Company shall not be obliged to notify the User(s) for any changes of the Terms and Conditions.
22.3. The User(s) agree to review the Terms and Services from time to time.
22.4. By continuing to use or access the Services after such changes come into effect, the User(s) agree to be bound by the revised Agreement.23. Entire Agreement
23.1. This Agreement constitutes the entire agreement between the parties, with respect to its subject matter, and supersedes all other express or implied agreements, proposals, negotiations, representations, or communications relating to the subject matter.
23.2. Both parties acknowledge that they have not been induced to enter this Agreement by any representations or promises not specifically stated in this Agreement.
23.3. The protections of this Agreement shall apply to actions of the parties performed in preparation for, and anticipation of, the execution of this Agreement.24. Notices
24.1. Except as otherwise provided in this Agreement, all notices under this Agreement shall be in writing and be sent via email to the following address: email@example.com. Governing Law & Compliance
25.1. This Agreement shall be interpreted, construed and enforced in accordance with the internal laws of St. Lucia without regard to its conflict of laws and principles.
25.2. Compliance with Law. Each party shall comply with all laws and regulations applicable to it, and will only enter this Agreement insofar as the activity is in compliance with all applicable Laws.
25.2.1. If during this Agreement any Law becomes effective that substantially and materially alters the ability or cost of either party to perform its obligations under this Agreement in whole or in part, the party that would bear the altered cost due to the change in the Law should terminate this Agreement and cease using the Services.