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.