Privacy and Policy
Zoomy Privacy and Policies...
Privacy and
Policy
ZOOMY Privacy and Policies.
ZOOMY COIN SALE AGREEMENT
CONTENT
1. Definitions
2. General
3. Sale of ZMY
4. Compensation and indemnification guarantee
5. Limitation of Liability
6. Intellectual Property
7. Termination and Suspension
Please read and understand these general terms and
conditions carefully, as they directly affect your obligations and legal
rights, including but not limited to disclaimers and limitation of liability.
By accepting the provisions of this document, you confirm that you have fully
read and agree with all the terms and conditions contained in this document.
1. DEFINITIONS
The following definitions and rules of interpretation
apply in this Agreement:
The company is an open community of Zoomy developers.
Site - a set of information and software and hardware
of the Company, united under one address (domain name), located in the
information telecommunications network Internet at the address: www.cabinetzoomy.online
Agreement - these Terms and any other rules,
principles or procedures that may be accepted and issued by the Company and
which are published from time to time on the company's website.
Affiliate - any person or organization that is in any
way related to the Company, including, in particular, partners, employees,
agents and contractors of the Company.
Member is any person who purchases ZMY Coins.
Applicable Law - the law applicable in accordance with
these Terms to all, without exception, the relationship between the Member and
the Company in effect at the time of the sale of the ZMY Coins.
Cryptocurrency is an encrypted unregulated digital
asset used as an analogue of currency in exchange transactions, which is used
by Participants to purchase ZMY Coins, the list of which is determined by the
Company.
ZMY Coins is a digital cryptographic token, which is a
software digital product created by the Company as a cryptographically secured
and guaranteed provision of the right to receive goods and services.
Sale of ZMY Coins - the offer of Company tokens to
Participants who meet the established criteria and are eligible to purchase for
a limited period of time in accordance with certain stages and price.
Intellectual property rights - any invention, patent,
utility model right, copyright and related rights, trademark, trade name,
Internet domain name, industrial design right, industrial design, service mark,
database rights, rights to external design, presentation and packaging, the
right to reputation and the right to prosecute for counterfeiting and any other
rights of a similar nature or other rights to industrial or intellectual
property owned or used by the Company in any part of the world, regardless of
whether it is registered or is subject to registration any of them, as well as
a priority statement or similar rights or remedies that exist now or will exist
in the future.
2. GENERAL PROVISIONS
2.1. This Agreement for the sale of ZMY Coins (the
"Agreement") defines the general terms, conditions and other material
circumstances of the legal relationship arising between the person purchasing ZMY
Coins (hereinafter - the Participant) by filling out forms and performing
actions on the Company's website (hereinafter - the Site) and the Company). The
purchase of ZMY Coins by Members is governed by the rules set forth in this
Agreement. Relationships not regulated by this agreement must be subject to the
provisions of applicable law. The participant must carefully read, read and
unconditionally accept the provisions of this Agreement in agreement with them.
2.2. For the purposes of this Agreement, the Company
and the Participant (hereinafter referred to as the Parties) acknowledge that,
despite the fact that ZMY Coins are not subject to civil rights in accordance
with the laws of most countries, objectively it is a code and is a type of
digital product. Based on the principle of freedom of contract, the Participant
recognizes the value of ZMY Coins as a digital product and assumes all risks of
invalidation of this agreement in the territory of such countries and / or the
risk of partial or full legal retraining.
2.3. This Agreement is a barter agreement, and its
subject is the exchange of varieties of digital goods by the Parties. The
Company transfers the ZMY Coins to the Participant in exchange for other
Cryptocurrencies provided by the Participant. The rules for calculating and the
ratio of the value of digital goods applicable to this Agreement are given in
Section 3 of this Agreement. The parties have determined that the exchange
agreement is fully executed by the Company only after the Participant fulfills
all the requirements of this Agreement, as well as compliance with other
conditions and rules posted on the Site.
2.4. The obligation of the Company in accordance with
this Agreement is fulfilled at the time of sending the corresponding amount of ZMY
Coins to the personal address of the Participant's cryptocurrency wallet,
indicated by the latter in the process of executing this Agreement. The
responsibility for the accuracy of the provided address of the Participant's
cryptocurrency wallet lies with the Participant.
2.5. The moment the Participant enters into legal
relations with the Company, regulated by this agreement, is the moment of
acceptance of the Company's offer to conclude this agreement, which is
considered complete, unconditional and final when the Participant fulfills the
following actions and conditions:
- The Participant sends (sends) to the address of the
cryptocurrency wallet (smart contract address) specified by the Company,
calculated independently in accordance with section 3 of this Agreement, the
amount of Cryptocurrency.
2.6. The Company has determined that a Party to this
Agreement, as well as the owner of ZMY Coins, may be capable persons over 18
years old, with the exception of the persons specified in clause 2.14 of this
Agreement. The persons listed in clause 2.14 of this Agreement under no
circumstances can be a party to this Agreement.
2.7. An offer (proposal) to conclude an exchange
agreement specified in this Agreement is only an offer posted on the Company's
Website. Any other offers for the purchase of ZMY Coins presented on any other
websites or Internet resources are considered invalid and should not impose any
obligations on the Company.
2.8. The total number of Members who may become a
party to this Agreement is limited only by the total number of ZMY Coins
available for sale. The total number of ZMY Coins, the time of their sale is
specified in section 3 of this Agreement.
2.9. Subject to the terms of this Agreement, the
Participant's purchase of ZMY Coins is final and not subject to cancellation,
refund or other compensation. The company has the right to unilaterally change
the terms of this Agreement at any time at its discretion.
2.10. The Participant confirms that he is aware that
he is entitled to transfer and exchange ZMY Coins only after the end of the
sale period, which is determined based on the content of the information posted
on the Company's Website.
2.11. The Participant expressly agrees that at the
time of their receipt by the Participant, the ZMY Coins are not securities,
that they are not registered with any government institution as securities, are
not considered as such, are not intended for a commodity or any other financial
instrument, do not represent any shares, interest or security or equivalent
rights, including but not limited to any rights to receive future income and
intellectual property rights.
2.12. By purchasing ZMY Coins under this Agreement,
the Participant confirms and warrants that his (or her) funds (Cryptocurrency)
did not in any way come from illegal or unethical sources, that the Participant
does not use any proceeds from criminal or illegal activities and that no
transaction with the use of ZMY Coins is not used to facilitate any criminal or
illegal activity. In order to implement the anti-terrorism policy, as well as
to take measures aimed at countering the legalization (laundering) of funds,
the Participant undertakes to provide the Company with his personal data in the
required amount at the first request, declared by the Company to the
Participant in written, electronic or other form at any time. after the
acceptance of the company's offer, as well as within 1 (one) year from the date
of acceptance.
Also, the Company may request other personal data of
the Participant in order to fulfill the obligations specified in this
paragraph. In addition, the Participant is obliged to provide conclusive
evidence regarding the legitimacy of their proceeds used to purchase ZMY Coins
at the request of the company or the request of banking institutions or
government agencies.
2.13. By accepting (accepting) this Agreement and
purchasing ZMY Coins, the Member confirms, warrants and agrees that there are
certain risks associated with the purchase, storage and use of ZMY Coins listed
in the relevant section of this Agreement.
2.14. The sale of ZMY Coins will comply with the
security regulations of several key jurisdictions and follow the KYC (Know Your
Customer) and AML (Anti Money Laundering) regulations to comply with record
keeping requirements. In this regard, it is prohibited to purchase ZMY Coins by
persons who are citizens, residents or located on the territory of states
(autonomous territories) where activities related to participation in the
initial coin offering (Initial Product) are prohibited or require special
permits (in the absence of such). Coin Offering or ICO) or other similar
fundraising and / or cryptocurrency transactions. In the event of a change in residence,
citizenship or resident status, the Participant must immediately notify the
Company of such changes.
2.15. The Participant is allowed to receive under the
contract an exchange of ZMY Coins if, by purchasing them, he (or she) confirms
and guarantees that he (or she):
- has reached the age of majority to enter into this
Agreement (at least 18 years old), meets all other eligibility and residency
requirements, is fully capable and legally competent to receive ZMY Coins and
enter into an agreement with the company, without violating any other agreement
to which he (or she) is a party;
- if he (she) is a corporation, government
organization or other legal entity, he (or she) has the right, authority to
enter into this agreement on behalf of the corporation, government organization
or other legal entity and to associate it with these terms; - will not use ZMY
Coins for any illegal activity, including but not limited to money laundering
and terrorist financing.
2.16. ZMY Coins are provided on an “as is” basis
without obligation, either expressed or implied. The Member assumes all
responsibility and risk in relation to the purchase and use of any number of ZMY
Coins. The Member expressly agrees that to the maximum extent permitted by
applicable law, the company will not be held liable for any damage or loss,
including loss of business, income or profits, loss or damage to data, hardware
or software (direct, indirect, penal, actual, secondary, incidental, special,
exemplary or otherwise) arising from any use or inability to use the Site or
material, information, software, tools, services or content on the Site, as
well as from the purchase of ZMY Coins, regardless of whether on what basis the
commitment is claimed, and even if the company has been advised of the possibility
of such loss or damage. The Participant understands and agrees that the company
is not responsible, guilty and liable for any change in the value of the ZMY
Coins. Member understands and agrees that it is his (or her) responsibility to
ensure compliance with any laws pertaining to their country of residence in
relation to receiving ZMY Coins. Receipt of ZMY Coins by a person does not in
any way create any exclusive relationship between the Member and the Company,
nor in the form of any partnership, joint venture, employment or agency
relationship. that the company is not responsible, guilty or liable for any
change in the value of the ZMY Coins. Member understands and agrees that it is
his (or her) responsibility to ensure compliance with any laws pertaining to
their country of residence in relation to receiving ZMY Coins. Receipt of ZMY
Coins by a person does not in any way create any exclusive relationship between
the Member and the Company, nor in the form of any partnership, joint venture,
employment or agency relationship. that the company is not responsible, guilty
or liable for any change in the value of the ZMY Coins. Member understands and
agrees that it is his (or her) responsibility to ensure compliance with any
laws pertaining to their country of residence in relation to receiving ZMY
Coins. Receipt of ZMY Coins by a person does not in any way create any
exclusive relationship between the Member and the Company, nor in the form of
any partnership, joint venture, employment or agency relationship.
3. SALE OF ZMY COINS
3.1. ZMY coins will be used as a unit of settlement
for all economic transactions on the Company's platform and as the basis for
interaction with other services of the Company.
3.2. Accounting for ZMY Coins is maintained in the
Participant's personal account on the Company's official Website, access and
management is carried out in the Participant's personal wallet.
3.3. In total, the Company will issue 1,000,000,000 (one
billion) ZMY Coins.
3.4. Participants understand and agree that they can
send the required amount of Cryptocurrency and receive a specified amount of ZMY
Coins in return.
3.5. During the Sale, the Company (developer
community) sets the cost of ZMY Coins and bonus rewards.
3.6. The company reserves the right to urgently
terminate the process of distributing and selling coins. The use of this
opportunity occurs at the discretion of the Company in the following
situations: 1) a serious security problem is detected; 2) a serious network
performance problem that deprives all Members of the right to equal treatment;
3) any type of significant attack on the infrastructure of the ZMY platform and
/ or wallets of the platform or the Site.
3.7. ZMY coins are not a consumer product and their
owners directly, directly and openly accept and agree that they are not subject
to any jurisdiction's consumer protection and regulation.
3.8. ZMY Coins do not grant any direct, express or
implied rights other than those set forth in this Agreement.
4. COMPENSATIONS AND DAMAGE GUARANTEES
4.1. To the extent permissible under Applicable Law,
the Member shall indemnify, defend and release the Company and / or its
subsidiaries, directors, officers, employees, agents, successors or heirs and permissible
assignees from all claims without exception, losses and damages, claims, legal
complaints, claims, litigation and proceedings, costs and / or debts
(including, but not limited to, appropriate reasonable attorney fees and / or
expenses that are necessary to successfully establish the right to damages)
filed / incurred by any third party against the Company arising from the breach
of any warranties, representations or obligations under this Agreement.
4.2. The Participant does not have any claims of any
nature in relation to the Company if the Company fails to fulfill any of its
obligations under these Terms as a result of reasons beyond the control of the
Company, including, but not limited to, power outages, Internet failures,
natural disasters, epidemics, pandemics, civil unrest, fires, floods, droughts,
storms, earthquakes, destruction of buildings, explosions or accidents,
terrorist acts, military action, government action, any laws or any action
taken by a government or government agency, including but not limited to
restrictions on exports or imports, quotas or bans, or any other event that is
unconditionally and directly independent of the will of the Company.
5. LIMITATION OF LIABILITY
5.1. Without exception, all purchases of ZMY Coins are
final and ZMY Coins are non-refundable. By purchasing ZMY Coins, the Member
acknowledges that neither the Company nor any of its other affiliates are
obliged to provide refunds or refunds for any reason whatsoever, and that the
Member will not receive cash or other compensation for any ZMY Coins. that is
not used or for any reason remains unused.
5.2. In all cases established by the Applicable Law:
5.2.1. Under no circumstances will the Company or any parties to the Company be
liable for any indirect, special, incidental, consequential, or punitive
damages of any kind (including but not limited to loss of revenue, income or
profits, inability to use or loss of data, or losses due to the suspension of
the company's activities) that arise on the basis of or in connection with the
sale or use of tokens, or otherwise related to these terms, regardless of the
procedural form, on the basis of a contract, an offense (including, in
particular, failure to ensure the necessary degree of caution , whether
negligence expressed in action, omission or imputed negligence) or any other
legal theory or theory, based on the right of equity (even if the Company was
warned about the possibility of such losses and regardless of the fact that
such losses were foreseeable); 5.2.2. Under no circumstances will the company
and the parties to the Company (jointly) be jointly liable, whether as a result
of a contract, a guarantee, a wrongful act (including, in particular, failure
to provide the necessary degree of care, whether it is negligence, expressed in
action, omission or imputed negligence) or other theory arising on the basis of
or in connection with these conditions or the use or inability to use tokens in
excess of the amount that the Member pays for the tokens.
5.2.3. However, the Parties are responsible for
compliance with the terms and conditions of this Agreement in order to fulfill
the obligations and guarantees of the Participant, in particular: 1) In the
event of charges, claims and filing of claims against the Company related to
the Participant's failure to comply with this Agreement and / or obligations,
which the Participant assumed during the participation in the Sale of ZMY
Coins, the Participant agrees to settle and resolve such claims or disputes
independently and at his own expense, as well as fully compensate the Company
for documented losses, legal costs, legal costs incurred in connection with the
refusal Participant or untimely fulfillment of his obligations by the
Participant. 2) In the event of charges being brought, claims and filing claims
against the Company related to the violation by the Participant of exclusive
rights or other rights of third parties, the Participant agrees to settle and
resolve such claims or disputes independently and at its own expense, as well
as fully compensate the Company for documented losses, legal costs, costs of
legal services, incurred in connection with the refusal of the Participant or
the untimely fulfillment of his obligations by the Participant. 3) In case of
violation by the Participant of its obligations under this Agreement, the
Company reserves the right: a) to demand from the Participant full compensation
for losses caused by each violation; b) bring claims in court if compensation
does not cover the losses of the Company; c) provide information relating to
the identity and location of the Participant,
5.3. If Applicable Law does not permit all or any part
of the foregoing limitations of liability to apply to a Member, the limitations
will apply to a Member only to the extent permitted by Applicable Law. The
Member understands and agrees that it is his (or her) obligation to enforce any
legislation relevant to his (or her) country of residence in relation to the
use of the Site, and that the Member should not take responsibility for any
illegal or unauthorized use. Site.
5.4. The Member agrees to be solely responsible for
any applicable taxes that may be imposed on the possession of ZMY Coins
purchased under this Agreement. The Member shall pay any applicable taxes,
including sales tax, use tax, personal property tax, value added tax, excise
tax, customs duties, import duties or government duties, or other taxes and
fees imposed by government agencies of any kind and in in relation to
transactions for the purchase or sale of ZMY Coins.
6. INTELLECTUAL PROPERTY
6.1. The Company owns valid, unlimited and exclusive
rights to use patents, trademarks, trademark registrations, trade names,
copyrights, know-how, technologies and other intellectual property necessary
for the sale of ZMY Coins and the functioning in general. This Agreement in no
way provides any Member with intellectual property rights owned by the Company,
including intellectual property rights to the Site, including text, graphics,
Member's interface, visual / graphical interface, photos, logos, graphic
objects or the design and computer code, design and other content associated
with the Site.
6.2. Unless otherwise stated, the content and
information on the Site are the property of the Company. The Member may not
download, reproduce or broadcast any information other than for non-commercial
use. The site should only be used by Members.
6.3. All intellectual property rights contained in
information, text, graphics, logos, images, sound clips, data compilations,
scripts, software, technology, sound or any other materials or objects that are
posted on the Site must belong and remain the property of the Company. The
Member is permitted to download and print such materials from the Site for
personal and non-commercial use, provided that the Member does not violate this
Agreement.
6.4. The company reserves all intellectual property
rights, mainly, but not limited to, copyrights to the source code that forms
the ZMY Coins.
7. TERMINATION AND SUSPENSION
7.1. Despite any provisions contained in this
Agreement, the Company reserves the right, without prior notice and at its sole
discretion, to terminate these Terms or suspend the Participants' right to
access the Site, including if the Participant violates the terms of this
Agreement or if the Company believes that the Member has committed fraud,
negligence, negligence or negligence, or committed any other offense.
7.2. The Member may terminate the terms of this
Agreement without prior notice by stopping the use of the Site. All rights
granted to the Participant in accordance with the provisions of this Agreement
will be immediately canceled after the termination of this Agreement or the
suspension of the Participant's access to the Site by the Company. In the event
of any force majeure circumstance (as defined in clause 3.2), violation of this
Agreement or any other event that would make the provision of services
unreasonable for the Company or commercially inexpedient, the Company may, at
its discretion, with or without prior notice , while not being liable to the Member,
suspend the Member's access to the Site or any constituent resources of the
Site.
7.3. The Company may terminate the Participant's
access to the Site at its sole discretion, immediately and without prior
notice, delete all relevant information and files associated with such a
Participant, without incurring liability to the Participant, including, for
example, if the Participant violates any condition of this Agreements.
7.4. In the event of termination, the Company will
attempt to return any funds owned by the Member, unless otherwise provided that
the above funds belong or are due to the Company. In the event that the Company
believes that the Member has committed fraud, has committed negligence,
negligence or negligence, or has committed another offense, the Company is not
obliged to return the above funds.