Terms of Use

Acceptance of the Terms of Use

THE SERVICES (AS DEFINED HEREIN) WERE NOT DEVELOPED FOR, AND ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IN ANY RESTRICTED JURISDICTION OR COUNTRY SUBJECT TO ANY SANCTIONS OR RESTRICTIONS PURSUANT TO ANY APPLICABLE LAW, INCLUDING THE CRIMEA REGION, CUBA, IRAN, NORTH KOREA, SYRIA, RUSSIA, OR ANY OTHER COUNTRY IN WHICH THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION, THE REPUBLIC OF PANAMA, OR ANY OTHER JURISDICTION EMBARGOES GOODS OR IMPOSES SIMILAR SANCTIONS, OR ANY JURISDICTIONS IN WHICH THE TRANSACTING OF CRYPTOCURRENCIES IS PROHIBITED OR RESTRICTED IN ANY FORM OR MANNER (COLLECTIVELY, THE “RESTRICTED JURISDICTIONS” AND EACH A “RESTRICTED JURISDICTION”) OR ANY PERSON OWNED, CONTROLLED, LOCATED IN OR ORGANIZED UNDER THE LAWS OF ANY RESTRICTED JURISDICTION OR AFFILIATED WITH ANY SUCH PERSON, ANY PERSON LISTED ON ANY SANCTIONS LIST MAINTAINED BY THE UNITED STATES, THE UNITED KINGDOM, THE EUROPEAN UNION OR ANY OTHER JURISDICTION, OR A RESIDENT OF OR LOCATED IN ANY COUNTRY OR JURISDICTION THAT RESTRICTS ACCESS TO OR PROHIBITS USE OF DIGITAL ASSETS OR CRYPTO CURRENCIES (COLLECTIVELY, “RESTRICTED PERSONS”). THERE ARE NO EXCEPTIONS. IF YOU ARE A RESTRICTED PERSON, OR LOCATED IN A RESTRICTED JURISDICTION, THEN DO NOT USE OR ATTEMPT TO USE THE SERVICES. USE OF ANY TECHNOLOGY OR MECHANISM, SUCH AS A VIRTUAL PRIVATE NETWORK, TO CIRCUMVENT OR ATTEMPT TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED.

BY USING THE SERVICES, YOU REPRESENT THAT (I) YOU ARE NOT A RESTRICTED PERSON; AND (II) YOU (INCLUDING, IF APPLICABLE, YOUR INDIVIDUAL OWNERS, REPRESENTATIVES, EMPLOYEES, OR ANY OTHER PERSON WITH ACCESS TO YOUR ACCOUNT) WILL NOT COORDINATE, CONDUCT OR CONTROL (INCLUDING BY, IN SUBSTANCE OR EFFECT, MAKING DECISIONS WITH RESPECT TO) YOUR USE OF THE SERVICES FROM WITHIN ANY RESTRICTED JURISDICTION.

YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU ARE NOT PERMITTED TO MODIFY, DISASSEMBLE, DECOMPILE, ADAPT, ALTER, TRANSLATE, REVERSE ENGINEER OR CREATE DERIVATIVE WORKS OF THE SERVICES TO MAKE THEM AVAILABLE TO ANY RESTRICTED PERSONS OR IN ANY RESTRICTED JURISDICTION.

These terms of use are entered into by and between you and Digital Wildfire Inc. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of dub.social, including any content, functionality, and services offered on or through dub.social (the “Website” and our proprietary website application available therefrom (collectively, the “Services”)), whether as a guest or a registered user, but excluding any third-party materials, technology, smart contracts or applications.

If you engage with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” (and its variants) refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as they were your own.

Please read these Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

NEITHER WE NOR OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY ACTIVITIES THAT YOU ENGAGE IN WHEN USING ANY ONLINE SERVICES OR BLOCKCHAIN TECHNOLOGIES NOT PROVIDED BY US (E.G., SOLANA).

You represent and warrant throughout the term of your use of the Services that: (i) you are over the age of eighteen (18) or otherwise of legal age to form a binding contract, and that you have legal and mental capacity to enter into these Terms of Use; (ii) your funds are not derived from or in any way connected to any illegal, unauthorized, or restricted sources (including any Restricted Jurisdictions or Restricted Persons); (iii) you have the right to engage in all transactions and all activities that you participate in on or through the Services; and (iv) you are not a Restricted Person or connected to one in any way, and you are not located in a Restricted Jurisdiction.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or modify our Services, and any service or material we provide on or in connection with the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users, in our discretion. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF OR IN CONNECTION WITH THE SERVICES BEING INACCESSIBLE TO YOU AT ANY TIME OR FOR ANY REASON.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details, including, if you so choose, your social media account information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services or through your social media accounts, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information.

You will have the option to connect to the Services and log in to the Services using social media credentials, such as those for your X account. You understand and acknowledge, that if you log into the Services using your X account, or other social media accounts we may integrate from time to time, you are providing us access to your social media information, including profiles images/photos, and allowing the operator of your social media account to see all your activities on the Services. IF YOU USE SOCIAL MEDIA LOGIN FEATURES, THEN YOU CONSENT TO THE POSTING OF ALL YOUR ACTIVITIES ON OUR SERVICES TO THE APPLICABLE SOCIAL MEDIA SITE.

You agree to notify us immediately of any unauthorized access to or use of your user name or password, your social media account, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password, your social media account password, or other personal information.

We have the right to disable any user name, password, social media account, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

You understand that your content may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Use of the Services

• Wallet

You may be able to create a digital wallet to make purchases and trade digital assets on the Services (the “Wallet”). You acknowledge and agree that this Wallet is non-custodial, and will not be controlled by Company, and that you will interface directly with third party digital wallet infrastructure, where you will obtain and control your seed phrase and digital keys to access your Wallet yourself. That means that you must use your keys to initiate any transaction, and we do not protect or secure your keys on your behalf. You acknowledge and accept this risk. It is also your responsibility to back up and protect the keys or seed phrase from loss or discovery, as we do not see your keys and have no control over them. We cannot help you recover the keys, if lost.

When you use the Services, you acknowledge and agree that you are in fact interacting with technology (e.g., protocols, smart contracts, etc.) which are offered by third parties (e.g., Solana), and not controlled by us. You hereby release us and hold us harmless from and against any losses or liabilities you incur as a result of your use of such third-party materials.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT HOLD OR HAVE CUSTODY OVER, OR HAVE ANY RESPONSIBILITY FOR OR CONTROL OVER YOUR KEYS. YOU HEREBY HOLD US HARMLESS AND INDEMNIFY US AGAINST ANY CLAIMS ARISING IN CONNECTION WITH YOUR KEYS.

• Memecoin Generation and Trading

We provide you a permissionless, no-code tool to create and manage digital tokens on the Solana blockchain protocol (“Solana”) exclusively for entertainment and community building purposes. The Services allow you to generate memecoins according to your specifications, without requiring pre-approval or permission from us or any intermediary (subject to our rights as set forth in these Terms of Use). We also provide you a mechanism to exchange memecoins with other users on or through the Services. You acknowledge and agree that all memecoins generated using the Services are classified as User Contributions and must adhere to the Content Standards and all other provisions of these Terms of Use.

We do not provide personalized marketing, promotional activities, or additional vetting processes for any digital asset you create using our Services. We solely provide you the tools and infrastructure necessary for digital asset creation, without assuming responsibility for the management, promotion, or success of these assets created. You acknowledge that tokens created using our Service are subject to blockchain network protocols and smart contract functionalities, and that we do not control or guarantee the performance of digital assets once deployed.

You acknowledge and agree that the Services, including the digital asset generation service, do not guarantee anonymity, and that other users and third parties may be able to identify the creator.

You agree to comply with all applicable laws and regulations related to creation, distribution, trading and use of all your digital assets on the Services. It is your responsibility to ensure that your use of the Service complies with legal and regulatory requirements in your jurisdiction.

Digital assets created on the Services are non-refundable and cannot be exchanged for cash (or its equivalent value in any other digital asset). Furthermore, tokens created on the Services i) do not represent any shareholding, ownership, participation, right, title, or interest in any company or entity, ii) are not a representation of money (including electronic money, digital assets or fiat), payment instrument, security, commodity, bond, debt instrument, unit in a collective investment or managed investment scheme, or any other kind of financial instrument or investment, iii) do not entitle holders to any promise of revenue, fees, profits, or investment returns, iv) do not represent a loan to any third party and there is no expectation of interests for the token holder, and v) may have no value, and there is no guarantee or representation of value or liquidity for these tokens.

WE HAVE NO RESPONSIBILITY FOR ANY DIGITAL ASSET YOU MAY CREATE, EVEN IF MADE AVAILABLE ON OR THROUGH THE SERVICES, AND ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY DIGITAL ASSET POSTED OR TRADED ON OUR SERVICESE.

YOU ACKNOWLEDGE AND AGREE THAT MEMECOINS CREATED BY USERS MAY CONTAIN MATERIALS WHICH YOU MAY OFFEND YOUR SENSIBILITIES, OR CONTAIN OR MAKE USE OF MATERIALS SUBJECT TO INTELLECTUAL PROPERTY PROTECTIONS OF A THIRD PARTY. COMPANY IS NOT LIABLE FOR, AND HAS NO RESPONSIBILITY TO YOU OR ANY OTHER PERSON WITH RESPECT TO SUCH MATERIALS. WE DO NOT CONTROL OR MONITOR THE CONTENT OF MEMECOINS CREATED BY USERS, AND WHILE WE RESERVE THE RIGHT TO TAKE DOWN OR PREVENT ACCESS TO ANY MEMECOINS WHICH WE THINK, IN OUR SOLE DISCRETION, MAY VIOLATE THESE TERMS OF USE, WE DO NOT UNDERTAKE AND HAVE NO RESPONSBILITY FOR MONITORING OR POLICING THE CONTENT ON MEMECOINTS GENERATED ON THE SERVICES.

• Rewards

From time to time, users of the Services may achieve certain rewards for creating content or engaging in our social interaction features (e.g., “like” content displayed on the Services). We may from time to time offer you rewards such activities as described on our Website.

Such rewards are provided solely for entertainment purposes and do not constitute guarantees or promises. Make sure to review the guidance relating to the reward program.

You may be required to interact with the Services, and demand your rewards, once earned. You acknowledge and agree that the Services may not automatically grant them to you. If you do not claim your rewards in a timely manner, in our discretion, we may refuse to grant rewards to you.

We reserve the right to modify or cancel the rewards program at our sole discretion, at any time, with or without notice. If there is a dispute about the rewards program, we will review such disputes and render a decision in our sole discretion. You agree to be bound by such a decision, and hold us harmless and release us from any and all liability associated with the rewards program.

• Social media features

When you connect to the Services using your X account, you grant us access to some of your X profile information (e.g., your profile picture, profile name, your connections and friends on X, etc.), and also cause the Services to reflect all your activities on the Services onto your X page. This connection will also allow us to post, like, follow/unfollow accounts, view profile information, and delete posts on your behalf, to reflect your activities on the Services. You acknowledge and agree that all your activity on the Services may be mirrored and be visible on your X page, and you specifically consent to this arrangement.

If you connect to the Services using your X account, you also understand and agree that we may propose to you connections on the Services based on people you know or have connected with or communicated with on X. Your information that is available on other people’s X fees will also be seen by other users on the Services, and they may see you as a proposed connection on the Services, if you have also corresponded or been connected on X. You specifically consent agree to this arrangement.

You acknowledge and agree that the Services are not free from bugs and can be accessed by threat actors without our knowledge or consent. If you connect your X account, and our Services are compromised in some way, that may allow threat actors to make changes to your X account that neither you nor we intended.

You also acknowledge and agree that the Services may do things that violate the terms of service of X, potentially leading to suspension or banning of your X account. You are solely responsible for any account suspensions, bans, or other penalties imposed by X or any other social media platform.

If you identify any breach or unauthorized use of your X account through our Services, you must immediately remove any permissions granted to us and take necessary steps to secure your account.

YOU HEREBY INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY OR LOSSES ASSOCIATED WITH YOUR CONNECTION OF YOUR X ACCOUNT TO THE SERVICES.

Fees

We charge a fee for offering some of the Services, including fees charged on digital assets you create. There may also be a fee when you trade them. We may not inform you of the applicable fees in advance of you incurring them. You should also understand that there may be fees associated with use of Solana as well.

Our fees are subject to change at any time without notice, even if we have provided an estimate of same in advance.

Note that all third-party fees are likely also subject to change, but you must confirm such fees with the third parties whose technology you use.

Under no circumstances shall Company incur any liability, of any kind, in connection with our fees or those charged by third-parties. You hereby release us and hold us harmless from and against any and all liability or losses associated with fees related to the Services and underlying or connected third party technologies.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

· You may store files that are automatically cached by your Web browser for display enhancement purposes.

· You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

· Modify copies of any materials from the Services.

· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use any part of the Services or any services or materials available through the Services for the benefit of third parties.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Company’s name, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Feedback

You may from time to time provide us with feedback about your experience on the Services, recommendations for modifications, or other ideas pertaining to the Services (collectively, “Feedback”). You acknowledge and agree that we may use the Feedback in our business without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that throughout the term of these Terms of Use:

· You own or control all rights in and to the Feedback and have the right to grant the licenses granted.

· All of your Feedback does and will comply with these Terms of Use.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to:

· Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

· Access, tamper with, or use non-public areas of the Services, Company’s infrastructure (or that of its service providers), or the Solana network;

· Attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;

· Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third-party (including another user) to protect the Services;

· Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Company or other generally available third-party web browsers;

· Use any manual process to monitor the Services or for any other unauthorized purpose without our prior written consent;

· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

· Use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;

· Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms of Use;

· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

· Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

· Use, transmit, introduce or install any code, files, scripts, agents or programs intended to do harm or allow unauthorized access, including, for example, viruses, worms, time bombs, back doors and Trojan horses (collectively, “Malicious Code”) on or through the Services, or accessing or attempting to access the Services for the purpose of infiltrating a computer or computing system or network, or damaging the software components of the Services, or the systems of the hosting provider, any other suppliers or service provider involved in providing the Services, or another user;

· Distribute Malicious Code or other items of a destructive or deceptive nature;

· Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or attacking the Services via a denial-of-service attack or a distributed denial-of-service attack;

· Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

· Impersonate or attempt to impersonate Company, a Company employee or representative, another user, or any other person or entity (including, without limitation, by using identifiers associated with any of the foregoing).;

· Reverse look-up, track or seek to track any information of any other users or visitors of the Services;

· Take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of the Services, or the infrastructure of any systems or networks connected to the Services;

· Use the Services, directly or indirectly, for or in connection with money laundering, terrorist financing, or other illicit financial activity;

· Use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law), fraud, or other deceptive, misleading, or manipulative activity;

· Use the Services to participate in fundraising for a business, protocol, or platform;

· Fabricate in any way any transaction or process related thereto;

· Disguise or interfere in any way with the IP address of the computer you are using to access or use the Services or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Services;

· Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability;

· Use the Services in or from any Restricted Jurisdiction;

· Use the Services if you are a Restricted Person (or on their behalf);

· Use the Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States, Canada, European Union, or other countries);

· Encourage or enable any other individual to do any of the foregoing;

· Use the Services for, or in connection with, any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in phishing, spyware, adware, or other malicious programs or code, counterfeit goods, items subject to applicable jurisdictions’ embargoes, hacking, stolen products, and items used for theft, hazardous materials, or any illegal activities;

· Use a wallet other than your own (without authorization) to engage in a transaction;

· Use the Services to carry out any financial activities subject to registration or licensing; or

· Use the Services as a tool to commit theft, fraud or any other property crime.

User Contributions

The Services contain feeds, likes and comments features, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, like, comment, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, and allow you to create memecoins that incorporate pictures and other content (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

· All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company.

· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

· Refuse your access to the Services, lock up your digital assets and make them inaccessible to you, and blacklist you and your associated accounts from using the Services, if we determine, at our sole discretion, that there is a risk of fraudulent activity (e.g., past instances of rug pulls by you, or any other deceptive practice we suspect you are or have been engaged in).

· Flag or close your account or delist any digital asset you created using the Services if we detect deceptive practices such as wash trading or market manipulation.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You can flag or report User Contributions you believe may be problematic, fraudulent, or in violation of these Terms of Use. Although we are not obligated to review or verify your reports regarding User Contributions, we reserve the right to do so and to take appropriate action, including flagging, blocking access to or closing accounts, at our discretion.

However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

· Be likely to deceive any person;

· Promote any illegal activity, or advocate, promote, or assist any unlawful act;

· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

· Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising, to the extent not related to Company or the Services;

· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

· Function as investment vehicles or offer equity or debt; or

· Involve or contain illegal or dangerous content, political fundraising, financing or investment schemes, or discriminatory and intolerant materials.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the provisions of these Terms of Use. If you believe any materials accessible on or from our Services infringe your copyright recognized in the United States of America, you may request removal of those materials by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

· Your physical or electronic signature;

· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works;

· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;

· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

· A statement that the information in the written notice is accurate; and

· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Reliance on Information Posted / Third Party Materials

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, even if we have created the information ourselves. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including, potentially, materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIALS, INFORMATION, SDKs, PROTOCOLS, NETWORKS, INFRASTRUCTURE, RESOURCES, APPLICATIONS, DATA, USER CONTRIBUTIONS, CONTENT OR SERVICES, EVEN IF AVAILABLE ON, THROUGH OR FROM THE SERVICES. WE HAVE NO RESPONSIBILITY FOR, NO CONTROL OVER, AND MAKE NO GUARANTEES WITH RESPECT TO, THE QUALITY, SECURITY, ACCURACY, RELIABILITY, OR UPTIME OF SUCH THIRD-PARTY MATERIALS. YOU HEREBY HOLD US HARMLESS FROM AND AGAINST ANY LOSSES OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF SUCH ITEMS.

No Financial or Investment Advice

You understand that we do not act as your financial advisor, investment manager, arranger, introducer, or commodity trading advisor, or give you any investment advice of any kind with respect to what assets you choose to create, purchase or any trading thereof. As with any trading activities, it is your responsibility and you are solely responsible for your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume.

We may suspend your use of or cancel your use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms of Use.

We may provide you with notice of suspension, but do not undertake an obligation to do so. We may change the functionality of the Services at any time, which means some networks could no longer be supported after a time. You acknowledge that this is the case, and accept this risk. We do not perform any activities to vet users prior to allowing them to post on the Services, or create or trade assets. You acknowledge that this is a risk you accept when you interact with our Services.

You agree and understand that all decisions you make on the Services are made solely by you. You agree and understand that under no circumstances will the operation of our Services and your use of them be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH THE SERVICES. No content found on our Services, whether created by us, our service providers, our business partners, or another user is or should be considered as investment advice. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions or your use of the Services.

Risks

You acknowledge and agree that digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets. Our Services do not control the timing of any transaction, yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby hold us harmless against any and all claims arising from the transaction of your digital assets, or the timing of such transactions.

Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections, or other similar protections offered by other governmental bodies. We are not a bank, and we have no fiduciary duty to you. We make no guarantee as to the functionality of any digital asset network which might cause delays, conflicts of interest or might be subject to operational decisions of third parties that are unfavorable to you or affect your digital assets, or lead to your inability to complete a transaction using our Services.

You acknowledge that our software and smart contracts could have bugs or security vulnerabilities, and you hereby accept this risk. You hereby hold us harmless from any losses you suffer as a result of your use of our Services, which you agree you use at your sole risk.

Digital assets and use of our Services may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing.

We do not guarantee that our Services will be available without interruption. The information on our Services may not always be entirely accurate, complete or current. Information on the Services may be changed or updated from time to time without notice, including information regarding our policies, products and services. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided through the Services are your sole responsibility and you hold us harmless from and against any losses you suffer as a result of such decisions.

WE WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES IN CONNECTION WITH, YOUR USE OF THE SERVICES FOR ENGAGING IN DIGITAL ASSET TRANSACTIONS.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE RISKS SET FORTH IN THIS SECTION.

WE DO NOT HAVE CONTROL OVER AND ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USERS OR THE SOLANA NETWORK.

Taxes

You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets, or other activities you engage in while on the Services or which occur as a result of your activities on the Services. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility. You hold us harmless and release us from and against any claims, losses, damages or demands arising in connection with taxes you may owe as a result of your transactions on the Services.

Changes to the Services

We may update the content on our Services (or any one of them) from time to time in our discretion. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

WE WILL NOT BE LIABLE FOR ANY LOSSES RESULTING FROM ANY CHANGES TO THE SERVICES OR THE SERVICES AVAILABLE THEREON.

Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Also note that, if you log into our Services using your social media accounts provided by third parties, all information you provide on the Services will be mirrored and available on those social media accounts as well. You specifically consent to this practice. All information on the social media channels you connect will be collected by the third party operators of those services, and subject to their privacy policies, so we encourage you to review those policies and understand them well, before connecting through your social media accounts.

Linking to the Services and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Website.

• Send emails or other communications with certain content, or links to certain content, on the Website.

• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties and Limitation on Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, CONDUCT OF THIRD PARTIES OR USERS, INCLUDING THREAT ACTORS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY LOSSES THAT YOU MAY INCUR AS A RESULT OF SWAPS, TRADES, OR OTHER TRANSACTIONS THAT YOU MAY ENGAGE IN CONNECTION WITH THE SERVICES FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSSES ARISING FROM SOFTWARE DEFECTS, MALFUNCTIONS, OR A LACK OF ACCESS TO THE SERVICES.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

YOU ACKNOWLEDGE THAT YOUR DATA AND ASSETS ON THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, AND YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, SOFTWARE FAILURES, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS (INCLUDING THOSE WHICH MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICES), PROTOCOL CHANGES BY THIRD-PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OF OUR CONTROL.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY HAS NO LIABILITY FOR LOSS OR THEFT OF YOUR WALLET KEYS OR ANY OTHER KEYS USED TO ACCESS OTHER DIGITAL WALLETS YOU MIGHT USE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, 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 SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES 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.

WE HAVE NO CONTROL OVER, TAKE NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THREAT ACTORS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Panama without giving effect to any choice or conflict of law provision or rule (whether of this or any other jurisdiction).

Any controversy or dispute which arise out or is related to this contract, and the interpretation, application, performance and termination thereof, must be decided by Arbitration, following an attempt at Conciliation, administered by the Panama Conciliation and Arbitration Centre (CECAP) in accordance with its procedural rules. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be Panama City. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the Republic of Panama. The arbitral award shall be final for the Parties.

Class Action Waiver; Waiver of Jury Trial

THE PARTIES AGREE TO LITIGATE OR ARBITRATE, AS APPLICABLE, SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS OF USE DO NOT PERMIT CLASS ACTION LITIGATION OR ARBITRATION, OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. NEITHER THE COURT NOR THE ARBITRAL TRIBUNAL, AS APPLICABLE, MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY UNCONDITIONALLY, IRREVOCABLY, AND EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, SUIT, ARBITRATION, OR PROCEEDING ARISING IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination

We may terminate your access to and use of the Services at any time, for any reason or no reason, in our sole discretion and without notice of any kind, without incurring liability of any kind to you as a result of such suspension or termination. In addition, if we believe or suspect that you have breached or are breaching these Terms of Use in any way, we reserve the right to terminate your access to the Services in whole or in part, in our discretion.

Waiver and Severability

No waiver of by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and, our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

All other Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [e-mail].