Terms & Conditions and Important Disclaimers
PLEASE READ CAREFULLY: Terms and Conditions and Important Disclaimers of MOJO Token Incentives
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms and conditions (the “Terms”) are entered into by and between you and RML Holdings Foundation (the “Foundation,” “we,” or “us”), and govern certain activities in relation to the Foundation Programs, as defined below, as they are provided by RML Holdings Foundation. No regulatory authority has examined or approved of any of the information set out in the Foundation Programs.
Business activities, products and services that are available or may become available in the future on the Foundation Website (https://www.redmoth.xyz/ ) (collectively, the “Foundation Programs”) may provide payments and/or incentives delivered in the form of MOJO Tokens (“MOJO Token Incentives”), which are cryptocurrencies subject to a high degree of risk and volatility, and which may be illiquid and difficult to value.
As a condition precedent to your participation in any of the Foundation Programs, you understand, acknowledge, agree, covenant, represent and warrant to the Foundation as follows:
1. You shall make your own investigations and evaluations of any digital cryptocurrencies/ tokens (i.e. MOJO Token Incentives) that will be delivered pursuant to the relevant terms and conditions of the Foundation Programs;
2. You shall inform yourself as to the legal and regulatory requirements applicable to yourself in respect of the acquisition, holding, trading and disposition of MOJO Token Incentives upon delivery, and as to the income and other tax consequences of such acquisition, holding, trading and disposition;
3. You shall not (i) be a resident of, or located in, sanctioned jurisdictions according to any trade embargoes or sanctions regimes imposed by competent authorities such as the UN Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the European Union or its Member States, or HM Treasury’s financial sanctions regime; (ii) be subject to economic sanctions, or listed on prohibited or restricted lists such as the United Nations Security Council Sanctions List, the Specially Designated Nationals (“SDN”) List maintained by OFAC, or any other denied persons or blocked parties lists by any other relevant sanctions authority or other applicable bodies; (iii) be located in, or a citizen or resident of any state, country, territory or other jurisdiction where your participation in any Foundation Program would be illegal or otherwise violate any applicable laws;
4. You represent that your participation in the Foundation Programs is permitted under the laws of your jurisdiction, and that these Terms are in compliance with all laws, rules, and regulations that apply to you;
5. Notwithstanding anything contained herein to the contrary, you specifically acknowledge and agree that trading and/or transaction in/ with MOJO Tokens may be prohibited in certain jurisdictions including, without limitation, UNITED STATES OF AMERICA AND ITS TERRITORIES, CANADA, PEOPLE’S REPUBLIC OF CHINA, ISRAEL. We reserve the right not to provide all or some business activities, products and services in any territory if your usage/participation would violate any applicable restrictions, laws or regulations, directly or indirectly;
6. Specifically with regard to the United States, you shall ensure compliance with all applicable laws and regulations which prohibit or restrict the trading of MOJO Tokens in any form or manner, you are neither residing in the United States of America nor a US Person within the meaning of Regulation S under the United States Securities Act of 1933, as amended, (a “US Person”);
7. You shall not enter into any transaction or arrangement with the effect of selling or otherwise disposing of any MOJO Token Incentives received under any Foundation Program to any US Person or any person in the United States of America;
8. You specifically understand, acknowledge and agree that while the MOJO Tokens do not constitute securities, units in a collective investment, or other regulated product or equivalent under the laws of Panama, it is possible that the MOJO Tokens could be considered securities under the laws of the United States of America, and that laws and regulations are evolving on this topic. The Foundation disclaims any representation or warranty that MOJO Tokens can be legally traded or transacted in any jurisdictions;
9. You further represent and warrant that you are not otherwise prohibited from engaging in transactions involving cryptocurrencies;
10. The Foundation reserves the right to refuse participation in Foundation Programs to any person for any reason. The Foundation also reserves the right to request information to verify your age, identity or jurisdiction at any time. If you refuse to provide such information or if the information you provide is untrue, inaccurate, not current or incomplete, The Foundation may suspend or terminate your participation;
11. You fully understand, acknowledge and agree that except for any liability that cannot be excluded by law, the Foundation, its subsidiary, affiliates and related companies, together with their officers, directors, employees, agents and representatives exclude all liability (including negligence) for any personal injury or for any loss or any damage (including loss of profit opportunities) whether direct, indirect, special or consequential, arising in any way out of or in connection with any Foundation Program and any MOJO Token Incentives received thereunder, including without limitation:
(i) failure, malfunction or breakdown of, or disruption to, the operations of the Foundation and/or the blockchains in which the MOJO Token is affiliated due to occurrences of hacks, cyber-attacks, distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
(ii) any error, omission, interruption, deletion, delay, defect, theft, unauthorised access or third party interference or any virus, error, bug, flaw, defect or otherwise adversely affecting any Foundation Program and any MOJO Token Incentives received thereunder;
(iii) any prohibition, restriction or regulation by any government or regulatory authority in any jurisdiction relating to receipt of any MOJO Token Incentives by you;
(iv) any variation in the market value or market liquidity of MOJO Tokens;
(v) any failure by the Foundation to deliver or realise any or all of part of the features or benefits of the MOJO Tokens as described in the documentation or any material relating to the Foundation Programs;
(vi) any failure by the holder of the MOJO Tokens to use the products and services associated with the MOJO Token or introduced by the Foundation;
(vii) any tax or legal/ regulatory liability incurred by you in relation to any MOJO Token Incentives received under any Foundation Program or the MOJO Tokens; and all other risks, direct, indirect or ancillary relating to any MOJO Token Incentives received under any Foundation Program or the MOJO Tokens which are not specifically or explicitly stated in the terms and conditions herein.
12. You agree to indemnify the Foundation, its subsidiary, affiliates and related companies, together with their officers, directors, employees, agents and representatives from all losses, expenses and other liabilities (including the cost of investigation and defense whether or not the above-mentioned person is a party) arising from and all actions, proceedings or investigations, whether actual or threatened, relating to breach of any terms and conditions of herein.
13. To the maximum extent permitted by the applicable laws, regulations and rules, the Foundation shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on these terms and conditions or any part thereof by you.
14. You further acknowledge that any Foundation Program and any MOJO Token Incentives to be distributed by the Foundation may be modified, curtailed, discontinued or terminated at any time in its sole discretion for any reason (including, but not limited to, the Foundation’s inability to finance or otherwise operate any Foundation Program and any MOJO Token Incentives due to major devaluation of MOJO Tokens or an order of any court, regulatory agency or other governmental authority).
15. The Foundation may, in its sole discretion, demand at any time all or any part of the MOJO Token Incentives distributed under the relevant terms and conditions of the Foundation Programs to be repaid by you forthwith, in circumstances including but not limited to the following:
(i) to comply with or in response to: (i) a clarification in any regulation or law applicable to the Foundation, any Foundation Program or any MOJO Token Incentives; (ii) a directive from any regulatory agency applicable to the Foundation, any Foundation Program or any MOJO Token Incentives; or (iii) an order from any court having jurisdiction over you;
(ii) if the Foundation has sufficient grounds to suspect you have made any material misrepresentation to the Foundation; and/ or
(iii) any breach of these terms and conditions, any of the accompanying terms and conditions of the Foundation Programs, or any terms and conditions relating to the products and services provided by the Foundation.
16. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE FOUNDATION PROGRAMS, THE FOUNDATION WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE FOUNDATION WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
17. We respect your privacy and are committed to protecting it. Our Privacy Policy is available at https://www.redmoth.xyz/legal/privacypolicy and governs the processing of all personal data collected from you in connection with your use of the Site and participation in any Foundation Programs, unless otherwise specified.
18. The materials appearing on https://www.redmoth.xyz/ or other sites related to the Foundation could include technical, typographical, or photographic errors. The Foundation does not warrant that any of the materials on its website are accurate, complete or current. The Foundation may make changes to the materials contained on its website at any time without notice. However, the Foundation does not make any commitment to update the materials.
19. The Foundation has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Foundation of the site. Use of any such linked website is at the user’s own risk.
20. The Foundation may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
21. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of Panama, without regard to any conflict of laws principles thereof.
22. At the Foundation’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the International Centre for Dispute Resolution applying the laws of Panama.
23. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.