These terms and conditions ("Terms" or "Document") are entered into by and between METAMOOZ ("METAMOOZ" or "we") and the purchaser of HOM tokens, (hereinafter referred to as the "Purchasers" or "you" collectively, and "Purchaser" or "you" individually), participating in the token sale process organized by METAMOOZ. These terms and conditions constitute the basis for the distribution of HOM tokens. They shall prevail over any other document issued by METAMOOZ and, as from their effective date, shall apply to all purchases, including pending orders, and shall be deemed to have been accepted unconditionally by the Purchasers upon conclusion of an order. Any other document (e.g. marketing documents, presentation in any format whatsoever, etc.) is therefore given for information purposes only and does not constitute a contractual document binding on METAMOOZ, which may therefore withdraw or modify such documents, without this giving rise to any right to compensation for the Purchaser. By adhering to the Conditions, the Purchaser expressly acknowledges that it has been fully and completely informed of the process of contributing to the Project.
The Buyer is deemed to be fully aware of all legal standards and technical constraints relating to the acquisition, purchase, holding and use of crypto-currencies and tokens based on Blockchain technologies, as well as the services offered by METAMOOZ.
Accordingly, Buyer acknowledges that it has a full understanding of the Terms and Conditions of the token distribution process. By agreeing to purchase HOM tokens, you are agreeing to be bound by all of the terms set forth in these Terms. Any purchaser who does not agree with these Terms will not be able to acquire HOM tokens.
READ THESE TERMS CAREFULLY BEFORE USING THE HOM TOKENS AND THE POLYGON BLOCKCHAIN DESCRIBED HEREIN.
By using the website located at http://homeety.com (the "Website") and the blockchain offered therein, you acknowledge that you have read these terms and conditions and agree to be bound by them. If you do not agree to all of the terms and conditions of this Agreement, you are not an authorized purchaser of HOM tokens and should not use this Website or its products. In these Terms, "you" refers to the individual or entity that directly acquires HOM Tokens as well as the individual signing on behalf of such entity. METAMOOZ reserves the right to change, modify, add or remove portions of these Terms at any time and for any reason after you accept these Terms and you agree that such changes are binding on you. Such changes are subject to change and you hereby acknowledge that such changes may occur. We suggest that you periodically review these Terms and Conditions for changes. Such changes will be effective immediately upon posting to the website. You acknowledge that by accessing the website after we have posted changes to these terms, you will be deemed to have read and accepted the changed terms. These terms and conditions govern the process of contributing to the HOMEETY project and the distribution of HOM tokens. HOM tokens are cryptographic tokens, based on the Polygon blockchain, allowing buyers to access a number of utility functions within the Polygon blockchain. HOM tokens do not present any shareholder rights in METAMOOZ, i.e. HOM tokens do not present shares in METAMOOZ, and the holder of any cryptographic token, issued by METAMOOZ is not entitled to any form of dividend or other income right, or voting right in the affairs of the shareholders. The HOM token does not present a monetary claim against METAMOOZ and does not generate any form of passive income right. Therefore, you hereby agree and understand that you do not expect any derivative benefit from the purchase of HOM Tokens based on the work of METAMOOZ.
YOU EXPLICITLY CONFIRM THAT YOU ARE AWARE THAT THE ACQUISITION OF THE HOM TOKENS DOES NOT GIVE YOU THE RIGHT TO DEMAND ANY PAYMENT, BUT MERELY THE RIGHT TO POTENTIALLY USE THE HOM TOKENS, AS DEFINED IN THESE TERMS. YOU EXPLICITLY CONFIRM THAT YOU ARE AWARE OF A POTENTIAL RISK THAT THE HOM TOKENS MAY BECOME COMPLETELY WORTHLESS AND YOU CONFIRM THAT YOU ARE ACQUIRING THE HOM TOKENS FOR PERSONAL USE AND NOT FOR INVESTMENT OR SPECULATION PURPOSES. HOM TOKENS ARE AVAILABLE TO BUYERS IN EXCHANGE FOR MATIC, AND THE HOMEETY PROJECT DOES NOT AND WILL NOT IN THE FUTURE PERMIT THE EXCHANGE OF HOM TOKENS FOR FIAT CURRENCY. NOR DOES METAMOOZ PROVIDE CUSTODY OR WALLET SERVICES FOR THE TOKENS. HOM TOKENS ARE DIGITAL UTILITY T O K E N S W I T H N O O W N E R S H I P, p I D E N D , A S S E T DISTRIBUTION, VOTING OR OTHER RIGHTS, EXCEPT FOR IMMEDIATE USE AS A TOKEN FOR USE IN THE POLYGON BLOCKCHAIN. THIS DOCUMENT OR ANY OTHER DOCUMENT PRODUCED AND SIGNED BY METAMOOZ DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR "SECURITIES". OR OTHER INVESTMENTS OF ANY KIND, WHETHER IN METAMOOZ OR ON THE WEBSITE OR OTHERWISE. NONE OF THE INFORMATION OR ANALYSIS PRESENTED IS INTENDED TO BE THE BASIS FOR AN I N V E S T M E N T D E C I S I O N , N O R I S A N Y S P E C I F I C RECOMMENDATION INTENDED, AND THE METAMOOZ SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER, AND SHOULD NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL PRODUCTS. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR A SOLICITATION TO INVEST IN ANY SECURITY OR OTHER INVESTMENT INSTRUMENT AND SHOULD NOT BE CONSTRUED IN THAT MANNER. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF AN OFFER TO SELL OR SUBSCRIBE FOR, OR AN INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES OR OTHER INVESTMENTS AND SHOULD NOT BE CONSTRUED AS SUCH. THE ACQUISITION OF HOM TOKENS FROM METAMOOZ DOES NOT CONSTITUTE AN EXCHANGE OF CRYPTO-CURRENCIES FOR ANY FORM OF COMMON STOCK OR ANY OTHER INVESTMENT IN METAMOOZ, ITS AFFILIATES OR THE WEBSITE, AND THE HOLDER OF CRYPTO-TOKENS, ISSUED BY METAMOOZ, IS NOT ENTITLED TO ANY FORM OF DIVIDEND, DISTRIBUTION OR RIGHT TO ASSETS OR PROFITS OF ANY KIND. HOLDERS OF HOM TOKENS ARE ONLY ENTITLED TO THE USE OF THE POLYGON BLOCKCHAIN AND SOFTWARE AND CERTAIN OTHER RIGHTS WITHIN THE POLYGON BLOCKCHAIN, IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN.
METAMOOZ expressly disclaims all liability, responsibility and possible liability of third parties for any direct or indirect loss, pure financial loss, loss of profit or damage of any kind resulting directly or indirectly from: (i) reliance on any information contained herein, (ii) any errors, omissions or inaccuracies in such information or (iii) any actions resulting therefrom, (iv) the use or acquisition of products, available through the website.
YOU EXPLICITLY CONFIRM THAT YOU ARE AWARE THAT THE ACQUISITION OF THE HOM TOKENS DOES NOT GIVE YOU THE RIGHT TO DEMAND ANY PAYMENT, BUT MERELY THE RIGHT TO POTENTIALLY USE THE HOM TOKENS, AS DEFINED IN THESE TERMS. YOU EXPLICITLY CONFIRM THAT YOU ARE AWARE OF A POTENTIAL RISK THAT THE HOM TOKENS MAY BECOME COMPLETELY WORTHLESS AND YOU CONFIRM THAT YOU ARE ACQUIRING THE HOM TOKENS FOR PERSONAL USE AND NOT FOR INVESTMENT OR SPECULATION PURPOSES. HOM TOKENS ARE AVAILABLE TO BUYERS IN EXCHANGE FOR MATIC, AND THE HOMEETY PROJECT DOES NOT AND WILL NOT IN THE FUTURE PERMIT THE EXCHANGE OF HOM TOKENS FOR FIAT CURRENCY. NOR DOES METAMOOZ PROVIDE CUSTODY OR WALLET SERVICES FOR THE TOKENS. HOM TOKENS ARE DIGITAL UTILITY TOKENS WITH NO OWNERSHIP, pIDEND, ASSET DISTRIBUTION, VOTING OR OTHER RIGHTS, EXCEPT FOR IMMEDIATE USE AS A TOKEN FOR USE IN THE POLYGON BLOCKCHAIN. THIS DOCUMENT OR ANY OTHER DOCUMENT PRODUCED AND SIGNED BY METAMOOZ DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR "SECURITIES". OR OTHER INVESTMENTS OF ANY KIND, WHETHER IN METAMOOZ OR ON THE WEBSITE OR OTHERWISE. NONE OF THE INFORMATION OR ANALYSIS PRESENTED IS INTENDED TO BE THE BASIS FOR AN INVESTMENT DECISION, NOR IS ANY SPECIFIC RECOMMENDATION INTENDED, AND THE METAMOOZ SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER, AND SHOULD NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL PRODUCTS. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR A SOLICITATION TO INVEST IN ANY SECURITY OR OTHER INVESTMENT INSTRUMENT AND SHOULD NOT BE CONSTRUED IN THAT MANNER. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF AN OFFER TO SELL OR SUBSCRIBE FOR, OR AN INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES OR OTHER INVESTMENTS AND SHOULD NOT BE CONSTRUED AS SUCH. THE ACQUISITION OF HOM TOKENS FROM METAMOOZ DOES NOT CONSTITUTE AN EXCHANGE OF CRYPTO-CURRENCIES FOR ANY FORM OF COMMON STOCK OR ANY OTHER INVESTMENT IN METAMOOZ, ITS AFFILIATES OR THE WEBSITE, AND THE HOLDER OF CRYPTO-TOKENS, ISSUED BY METAMOOZ, IS NOT ENTITLED TO ANY FORM OF DIVIDEND, DISTRIBUTION OR RIGHT TO ASSETS OR PROFITS OF ANY KIND. HOLDERS OF HOM TOKENS ARE ONLY ENTITLED TO THE USE OF THE POLYGON BLOCKCHAIN AND SOFTWARE AND CERTAIN OTHER RIGHTS WITHIN THE POLYGON BLOCKCHAIN, IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. METAMOOZ ALSO EXPLICITLY WARNS YOU AND YOU EXPLICITLY AGREE THAT THE WITHDRAWAL OF TOKENS UPON ACQUISITION MAY BE CONDITIONED UPON EACH PURCHASER COMPLETING THE IDENTIFICATION PROCESS (KNOW YOUR CUSTOMER) AND THAT THE WITHDRAWAL OF HOM TOKENS MAY NOT BE POSSIBLE (MAY BE DENIED BY METAMOOZ) UNTIL EACH PURCHASER COMPLETES THE IDENTIFICATION PROCESS.
Any person or entity, including any person acting on his or her behalf, based, domiciled, located or incorporated in Restricted Countries (as that term is defined in these Terms) must not acquire or use HOM Tokens and must leave the Site immediately, failing which such person assumes all liability arising from the continued use of this Site (and/or HOM Tokens) and shall indemnify METAMOOZ for any damages arising therefrom. METAMOOZ expressly disclaims all liability, responsibility and possible liability of third parties for any direct or indirect loss, pure financial loss, loss of profit or damage of any kind resulting directly or indirectly from: (i) reliance on any information contained herein, (ii) any errors, omissions or inaccuracies in such information or (iii) any actions resulting therefrom, (iv) the use or acquisition of products, available through the website.
The following terms shall have the following meanings for the purposes of these general conditions.
1.1 "AML" means anti-money laundering and means a set of rules, prescribed by law or self-defined by METAMOOZ, about the reduction of money laundering risks.
1.2 "Polygon" or "the Blockchain" means the blockchain developed, deployed and operated by Polygon and to be used with HOM tokens
1.3 "HOM Token Public Sale Price" means the price of HOM Tokens established for the Listing and which is 0.032 euro.
1.4 " Listing " means the token sale launched by METAMOOZ and concerning the issuance and purchase of HOM tokens.
1.5 " HOMEETY Project " the meaning is indicated in section 2.
1.6. "Digital Assets" shall mean the MATIC enabling the purchase of HOM Tokens and authorized by METAMOOZ during the listing and any additional digital assets authorized by METAMOOZ during the listing.
1.7 "European Economic Area" or "EEA" significates all countries of the European Union and in addition Iceland, Liechtenstein and Norway.
1.8. “Participants” means buyers of HOM tokens during the Listing.
1.9. "Public Sale Period" means the period of offering HOM tokens to buyers.
1.10. "Partnership” refers to the service providers who assist METAMOOZ in the structuring of the HOMEETY Project
1.11. Prohibited Countries” means the United States, China (Mainland), Iran, North Korea, Singapore, Iraq, Afghanistan, Angola, Armenia, Azerbaijan, Belarus, Bosnia, Burundi, Cameroon, Central Africa, Chad, Cuba, Congo, Eritrea, Ethiopia, Ghana, Guam, Guinea, Lebanon, Libya, Liberia, Madagascar, Mozambique, Puerto Rico, Russia, Somalia, Sri Lanka, Tajikistan, Turkmenistan, Uzbekistan, Venezuela, Laos, Albania, Botswana, Barbados, Mauritius, Burkina Faso, Cambodia, Cayman Island, Haiti, Jamaica, Jordan, Mali, Malta, Morocco, Myanmar, Nicaragua, Pakistan, Panama, Philippines, Senegal, South Sudan, Syria, Turkey, Uganda, Yemen and Zimbabwe.
1.12. "Listing" represents a process of appearing in exchange platform.
1.13. "Buyer” means any entity or natural person, participating in the process of contributing to the HOMEETY Project during the Listing.
1.14. "METAMOOZ" is a French SAS, simplified joint stock company, whose registered office is located in Paris, France, registered in the Paris commercial register under registration number RCS Paris n ° 909 513 376 (referred to as "METAMOOZ").
1.15. “Website” means https://homeety.com1.16. “VAT” means the value added tax of the relevant jurisdiction, if applicable.
1.17. “Conditions” means these general conditions.
2.1. METAMOOZ is the initiator of the HOMEETY project.
2.2. The HOMEETY project is an application that aims to democratize the use of the Web3. • The HOMEETY project is an application which, thanks to blockchain technology, bridges the gap between virtual and real assets. It is about finding one's identity as well as digital attributes correlated to reality thanks to the fundamentals of blockchain. The METAMOOZ company is also creating an access to a 3D metaverse environment as part of the HOMEETY project.
2.3. The HOMEETY project takes into account the issuance of a HOM token on the Polygon blockchain.
2.4. The purpose of the HOM token is to allow any kind of exchange on the HOMEETY metaverse.
2.5. The Project does not include and METAMOOZ is not a provider of:Any security or investment product whatsoever;Any security or investment product whatsoever; - any exchange service between virtual currencies and fiat currencies;Any service of custody of identifiers necessary for access to virtual currencies.
2.6. The Purchaser understands and accepts that the HOMEETY Project is currently in the development phase and that it still requires substantial development work and presents risks in its execution. Due to unforeseeable conceptual, technical and commercial hardware changes prior to the final launch, or at any time after the launch of the Blockchain, Buyer understands and agrees that an upgrade of the Blockchain and/or HOM tokens may be required and that, if Buyer chooses not to participate in such an upgrade, Buyer may no longer be able to use his or her HOM tokens, and that non-upgraded HOM tokens may lose their functionality entirely.
STRUCTURE OF HOM TOKENS AND RIGHTS OF TOKEN HOLDERS
3.1. HOM tokens will be Polygon (MATIC) tokens on which a number of functionalities will be built. The HOM token is an integral part of the Polygon Blockchain, which cannot function without MATIC as fuel. The HOM token has the characteristics described in the paragraphs below. The address of the HOMEETY smart-contract for the Listing will be published in due course before the HOM token is distributed.
3.2. The HOM token will first be initiated on the Polygon Blockchain as a smart contract token (MATIC).
3.2.1 The creation and maintenance of the HOM token on the Polygon Blockchain carries the risk of hacking, human error, and technical problems.
3.2.2 The transfer of the HOM token from the native wallets to the Buyer's wallet as well as the use of the Polygon blockchain involves a risk of hacking, human error and technical problems.
3.2.3. METAMOOZ shall not be liable in the events referred to above if they result in harm to the Buyers.
3.3 In particular, holders of HOM Tokens will have no influence on the development or governance of METAMOOZ, and HOM Tokens do not represent or constitute any ownership or equity interest, share or title or equivalent rights or any right to receive future revenue shares, or any other form of participation in METAMOOZ. Purchasers understand that by acquiring HOM Tokens, they have no rights of participation, monetary claims, interests or any other rights in METAMOOZ and its governance.
3.4. Receipt and conversion of HOM Tokens The HOM token shall be initiated on a MATIC token on the Polygon Blockchain according to the process described herein. METAMOOZ shall not be responsible for any of the events mentioned above.
3.5. HOM tokens do not entitle the purchasers: to participate and vote in any decision within METAMOOZ, to benefit from any economic right, gain, asset or equivalent economic claim against METAMOOZ.
3.6. HOM tokens are designed to be tradable on cryptographic token exchanges. METAMOOZ makes no warranty that HOM Tokens will be tradable on a high quality limited crypto exchange.
3.7. You explicitly agree and understand that the features of the Project, the Polygon Blockchain and the HOM Token, described herein, may not all ultimately be implemented due to unforeseeable circumstances. The Polygon Blockchain and HOM Token are not only dependent on the HOMEETY Project, but also on the involvement and activities of community members. The technologies used for the development of the HOMEETY Project are developing at a rapid pace and new ones are being introduced all the time. As a result, the final Launch Projects and HOM tokens may differ in functionality, nature and structure, which you explicitly accept and confirm that you understand that the features described here are intended to serve as examples only.
DISTRIBUTION OF THE HOM TOKEN
4.1. Contributions given to METAMOOZ in exchange for HOM tokens are considered financial contributions to the HOMEETY project. Failure to follow the instructions on the Website may limit, delay or prevent a Purchaser from contributing and receiving HOM tokens. Buyers understand and agree that they are only making a contribution to the METAMOOZ Listing and that they will receive HOM tokens in exchange. Contributions will only be allowed in MATIC and will be made using a smart contract system on Polygon and will receive HOM tokens in exchange.
4.2 METAMOOZ reserves the right to unlisted the HOM token from some exchanges.
ANTI-MONEY LAUNDERING PROCESS AND KNOW YOUR CUSTOMER (KYC) POLICY
5.1. You understand and agree that you may be asked to provide additional information in the future to comply with additional AML/CC requirements. If you do not comply with these additional requirements, METAMOOZ reserves the right to reject your request. If METAMOOZ rejects your application, it will return your Contribution to you. Since you contributed in MATIC, only the MATIC will be returned to you. All transactional and operational costs shall be borne by the Buyer.
6.1. You understand that digital assets, HOM tokens, Blockchain technology and other associated and related technologies are new and untested and beyond METAMOOZ's exclusive control and that adverse changes in market forces or technology, broadly construed, may prevent or impair METAMOOZ's performance under these Terms.
6.2. In addition to the foregoing, you also acknowledge that you have been advised of the following risks associated with the Website, the Polygon Blockchain, METAMOOZ and other relevant technologies referenced herein.
6.2.1. Legal risks. There is a risk that, in some jurisdictions, HOM Tokens may be considered a "security", or other regulated investment, now or in the future, or may be considered another type of regulated instrument. METAMOOZ believes, but makes no representations, warranties or assurances that HOM Tokens are not a security or regulated investment in all jurisdictions. METAMOOZ has, to the best of its knowledge, previously prohibited the acquisition of HOM Tokens by persons and entities from jurisdictions where the legal uncertainties regarding the obtaining, sale and use of cryptographic tokens are unreasonably high. Each purchaser of HOM tokens is responsible for its own legal or financial consequences if HOM tokens are considered a security or other regulated investment or instrument in its respective jurisdiction. Based on METAMOOZ's current belief that HOM Tokens are not securities or other regulated securities when issued, METAMOOZ does not intend to attempt to comply with securities or regulated investment offering laws in any jurisdiction; however, due to the ever-changing regulatory environment around the world, METAMOOZ reserves the right to decide to register, license or take any other action to attempt to comply with any new laws or regulations relating to METAMOOZ and the HOM Tokens, which could have a material adverse effect on (i) METAMOOZ's ability to conduct the Listing and/or (ii) the ability of HOM Token holders to use their HOM Tokens. Each purchaser is responsible for determining for itself whether the acquisition, receipt, trading, use, transfer or assignment of HOM tokens is legal in its jurisdiction, and agrees not to use the HOM tokens if their use is not legal in the relevant jurisdiction. If a purchaser determines that the use of the HOM Tokens under these Terms is not legal in its jurisdiction, it shall not use or acquire the HOM Tokens and shall immediately cease using or possessing the HOM Tokens if such a case arises. The acquisition of cryptographic tokens for personal possession and their exchange for other cryptographic tokens will most likely continue to be scrutinized by various regulatory bodies around the world, which has thus far resulted in mixed reactions and regulatory impact. METAMOOZ's legal ability to provide HOM tokens and the Polygon blockchain in certain jurisdictions may be eliminated by future regulation or legal action. In the event that it is determined with a high degree of certainty that HOM tokens are not legal in a certain jurisdiction, METAMOOZ may either (i) cease operations and potential use of HOM tokens in that jurisdiction, or (ii) adjust HOM tokens and the Polygon Blockchain to comply with the regulations if that proves to be a feasible and viable alternative.
6.2.2. Risks related to the Polygon Blockchain HOM tokens are based on the Polygon Blockchain. As such, any malfunction, unintended function or unexpected operation of the Polygon Blockchain may result in a malfunction or unexpected or unintended operation of the HOM tokens. Ether, the native unit of the Polygon blockchain (MATIC), can itself lose value in a similar way to HOM tokens, but also in other ways. More information on the Polygon blockchain is available at https://polygon.technology/
6.2.3. Risk of adverse regulatory action in one or more jurisdictions Blockchain technologies have been subject to scrutiny by various regulatory agencies around the world, including, but not limited to, anti-money laundering and securities/investment regulations. The operation of the Polygon Blockchain and associated blockchain networks and the digital assets and HOM tokens could be impacted by one or more regulatory investigations or actions, including, but not limited to, restrictions on the use or possession of digital tokens such as HOM tokens, which could materially impair or limit their existence, the lawfulness of their use and possession, and thereby result in a significant reduction in their value.
6.2.4. Risk of theft and piracy Hackers or other groups or organizations may attempt to interfere with your Third-Party Wallet, the Website, or the availability of HOM tokens and digital assets in a number of ways, including, but not limited to, denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. You hereby agree that METAMOOZ shall not be liable for any losses you may incur.
6.2.5. Risk of security weaknesses in the source code of the HOM websites and tokens or in any associated software and/or infrastructure There is a risk that the Websites and HOM Tokens may unintentionally have weaknesses or bugs in the source code that interfere with the use or cause the loss of HOM Tokens.
6.2.6. Risk of exploitable weaknesses or breakthroughs in cryptography Advances in the field of cryptography, or technical advances such as the development of quantum computers, could present risks to crypto-currencies, HOM tokens, Polygon Blockchain, which could result in the theft or loss of HOM tokens.
6.2.7. Risk of mining attacks As with other decentralized crypto-currencies, the Polygon blockchain, which is used for HOM tokens, is susceptible to mining attacks, including, but not limited to, double-spending attacks, majority mining power attacks, "selfish mining" attacks and race condition attacks. Any successful attack poses a risk to HOM tokens, to the proper execution and sequencing of HOM tokens, and to the proper execution and sequencing of Polygon contract calculations in general. Despite the efforts of METAMOOZ and the Polygon Blockchain, the risk of known or new mining attacks exists. Mining attacks, as described above, may also target other blockchain networks with which HOM tokens interact and, therefore, HOM tokens may also be affected in this manner to the extent described above.
6.2.8. Low or no liquidity risk While there are currently online services that allow for the exchange of crypto tokens with each other, and some of them allow for the exchange of crypto tokens for fiat currency, there is no guarantee that HOMEETY tokens will be listed or made available for exchange for other crypto tokens and/or fiat currency, and there is no guarantee as to the capacity (volume) of such potential exchange. It is explicitly warned that such an exchange, if it exists, may be subject to misunderstood regulatory oversight, and METAMOOZ makes no guarantees regarding exchange service providers. Buyers may be exposed to fraud and failure. In any event, METAMOOZ will not permit the exchange of HOM tokens for other cryptographic tokens or for fiat currency. Buyer may not be able, at any time, to acquire or dispose of its HOM tokens due to a lack of liquidity.
6.2.9. Risk of loss of value Although HOM tokens are not financial instruments, they may be assigned a certain monetary value by Buyers and the markets. METAMOOZ makes no guarantees as to the value of the HOM tokens and warns Buyers that the value of the HOM tokens may fluctuate and that the HOM tokens may also lose all their value. There are various reasons why the value of HOM tokens may fluctuate adversely.
6.2.10. Foreign Exchange Risk / Fees There is a currency risk for the Buyer because the exchange rate of the Digital Assets used to calculate the number of HOM tokens will not necessarily be the rate used at the time the Buyer sent the Digital Assets but the rate at the time it was received by METAMOOZ. In addition, there may be additional fees and commissions incurred in connection with the conversion.
6.2.11. Risk of uninsured losses HOM tokens are not insured at all.
6.2.12. Risk of malfunction of the Polygon Blockchain or any other blockchain It is possible that the Polygon Blockchain, with which HOM tokens interact, may experience an adverse malfunction, including, but not limited to, a malfunction resulting in the loss of HOM tokens.
6.2.13. Risks of Internet Transmission You acknowledge that there are risks associated with the use of HOM Tokens, including, but not limited to, failure of hardware, software and Internet connections. You acknowledge that METAMOOZ is not responsible for any communication failures, disruptions, errors, distortions or delays that you may experience while using the HOM Websites and tokens, regardless of the cause.
6.2.14. Unforeseen Risks Crypto-currencies and blockchains are new and untested technologies. In addition to the risks set forth herein, there are risks that METAMOOZ cannot foresee and it is not reasonable to believe that such risks could have been foreseen. The risks may furthermore materialize in unforeseen ways, all of which may result in a loss of value and usefulness of the HOM tokens.
6.2.15. Unforeseeable Events METAMOOZ shall not be liable for any loss, damage or other form of loss resulting from a force majeure event. Force majeure is an unforeseen and unexpected event that occurs beyond the control of the contracting parties and that the contracting parties could not foresee at the time the contract was concluded.
6.2.16. Insufficient interest in the HOMEETY Project, the Polygon Blockchain and the HOM tokens It is possible that the HOMEETY Project, HOM tokens, or the Polygon Blockchain may not be used by a large number of individuals, businesses, and other organizations, and that public interest in the creation and development of its functionality may be limited. Such a lack of interest could impact the development of the HOMEETY project and result in a failure of the launch platform and a loss of utility (and value) of HOM tokens.
6.2.17. The HOMEETY Project and the HOM tokens, as developed, may not meet your expectations. The HOMEETY Project is currently under development and may undergo significant modifications before its release. Your expectations regarding the form and functionality of the HOMEETY Project and HOM tokens may not be met upon the release of a new website, deployment of the HOMEETY Project, additional products and services for a number of reasons, including a change in design and implementation plans and the execution of the implementation of HOM tokens.
6.2.18. The HOMEETY Project may never be completed or released. The Blockchain may never be released and operational, or may be significantly delayed for unforeseen reasons, even though METAMOOZ will use reasonable efforts to complete and deploy it.
6.2.19. Speculative Participation Participation in a Listing is highly speculative. The purchase of HOM tokens should only be considered by participants capable of making a long-term commitment and aware of the risk factors associated with such a Listing. Buyers should only purchase HOMEETY tokens if they are able to bear the risk of total loss of their investment and do not require immediate liquidity for such purchase.
6.2.20. Purchasers of HOM tokens may experience greater dilution. METAMOOZ is able to issue HOM Tokens in accordance with the TOU. Purchasers of HOM Tokens may experience further dilution in the future.
6.2.21. Pre-sale of less than the full quantity There is no guarantee that a sufficient quantity of HOM Tokens will be sold at the Listing. In this case, less than the maximum amount of funds needed will be available to METAMOOZ and, as a result, its technological and business development plans and prospects could be adversely affected.
6.2.22. Best Effort Development The purchasers of the collective sale further confirm that they understand and agree that, although the persons and entities charged with this task, in particular METAMOOZ, will use reasonable efforts to develop and complete the HOMEETY Project, it is possible that such development may fail partially or wholly and that the HOM tokens may become useless and/or valueless for technical, commercial, regulatory or other reasons.
6.2.23. No Ownership, Revenue or Governance Rights Buyer understands and agrees that the HOM Tokens do not represent or constitute any ownership or equity interest, share or security or equivalent rights, or any right to receive future revenue shares or any other form of ownership or governance rights in or relating to METAMOOZ.
6.2.24. Risk of non-compliance with privacy regulations At the time of publication of these Terms, all aspects of the effects of privacy regulations are not yet clear, and privacy regulations may differ substantially in different jurisdictions around the world. Certain contemplated features of the Project may not in themselves comply with applicable regulations and will need to be adjusted, modified or omitted.
6.3. The HOM Tokens and the HOMEETY Project are provided "as is" and "with all faults". We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the HOM Tokens and the HOMEETY Project, including any warranty that the HOM Tokens will be uninterrupted, error-free or free of harmful components, secure or not lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
6.4. Business Risks: Purchasers acknowledge that they have been advised of the business risks, associated with the website, digital assets, HOM tokens, the HOMEETY Project and other relevant technologies mentioned herein:6.4.1. No assurance of profitability METAMOOZ is operating at a loss and there is no assurance that Project HOMEETY will ever be profitable. No revenue has been recorded as of the date of these Terms.
6.4.2. No Personal Data METAMOOZ receives, transmits and stores a large volume of personally identifiable information and other sensitive data from its customers and potential customers. There are French laws regarding privacy and the storage, sharing, use, disclosure and protection of personally identifiable information and sensitive data. Specifically, personally identifiable information is increasingly subject to laws and regulations designed to protect the privacy of personal information that is collected, processed and transmitted. Any violation of these laws and regulations may require METAMOOZ to change its business practices or operational structure, face legal claims and incur monetary penalties and/or other harm to its business.
6.4.3. Additional Capital May Be Required METAMOOZ intends to continue to make investments to support the growth of its business and build the HOMEETY project. As such, it may require additional capital to pursue its business objectives and respond to business opportunities, challenges or unforeseen circumstances, including increasing its marketing expenditures to improve brand awareness, developing new products or services or further improving existing products or services, improving its operational infrastructure and acquiring complementary businesses and technologies. As a result, it may need to engage in equity or debt financing in addition to the auction to raise additional funds. However, additional funds may not be available when METAMOOZ needs them, on terms acceptable to METAMOOZ, or at all. In addition, METAMOOZ's arrangements with other lenders may make it more difficult to obtain additional capital and pursue business opportunities. If METAMOOZ raises additional funds through the issuance of capital securities or convertible debt securities, its existing shareholders could be materially diluted, and any new capital securities issued by METAMOOZ could have greater rights, preferences and privileges than the holders of its common stock. If METAMOOZ is unable to obtain adequate financing or financing on terms satisfactory to METAMOOZ, when needed, its ability to pursue its business objectives and respond to business opportunities, challenges or unforeseen circumstances could be materially limited, and its business, results of operations, financial condition and prospects could be adversely affected.
6.4.4. Breaches of security of confidential customer information METAMOOZ stores customers' personal information and other sensitive data. Any accidental or intentional security breach or other unauthorized access could result in theft and criminal use of such data. Security breaches or unauthorized access to confidential information could also expose METAMOOZ to liability related to the loss of that information, costly and time-consuming litigation and negative publicity. If security measures are breached due to the action of a third party, employee error, malfeasance or otherwise, or if design flaws in METAMOOZ's systems are not corrected, METAMOOZ may be liable. If METAMOOZ's software is exposed and exploited, and, as a result, a third party obtains unauthorized access to any of its customers' data, METAMOOZ's relationship with its customers will be severely damaged, and METAMOOZ could incur significant liability. Because the techniques used to gain unauthorized access or to sabotage systems change frequently and are generally not recognized until they are launched against a target, METAMOOZ may be unable to anticipate these techniques or to put in place adequate preventive measures that are costly to implement. Any breach of security, whether actual or perceived, may result in a loss of confidence by Buyers in the effectiveness of its data security measures and would damage its reputation and METAMOOZ could lose Buyers.
6.4.5. Protection of intellectual property rights METAMOOZ's ability to serve its Buyers will depend, in part, on its intellectual property. It relies primarily on copyright, trade secret and trademark laws, trade secret protection and confidentiality or license agreements with its employees, customers and others to protect its intellectual property rights. However, the steps it takes to protect its intellectual property rights may be inadequate. METAMOOZ does not currently have any issued patents. In order to protect its intellectual property rights, METAMOOZ may need to expend significant resources to monitor and protect those rights. Litigation to protect and enforce its intellectual property rights could be costly, time-consuming and distracting to management and could result in the depreciation or loss of certain portions of its intellectual property. In addition, its efforts to enforce its intellectual property rights could be impeded.
6.4.6. Successful Marketing Efforts METAMOOZ plans to rely heavily on marketing and advertising to increase the visibility of the HOMEETY brand to potential buyers. The purpose of this marketing and advertising is to increase the strength, recognition, and trust in the HOMEETY brand, and to encourage more unique visitors to submit applications for HOM tokens. If METAMOOZ is unable to recoup its marketing costs through an increase in the number of Project HOMEETY users, or if it discontinues its extensive marketing campaigns, it could have a material adverse effect on its growth, results of operations and financial condition.
6.4.7. Quality of the team METAMOOZ believes that its success has depended, and continues to depend, on the efforts and talents of its leaders and employees. Its future success depends on its continued ability to attract, develop, motivate and retain highly qualified and competent employees. Skilled individuals are in high demand, and METAMOOZ may incur significant costs to attract and retain them. In addition, the loss of any of its senior executives or key employees could have a material adverse effect on its ability to execute its business plan and strategy, and METAMOOZ may not be able to find suitable replacements in a timely manner, if at all.
6.4.8. Litigation may adversely affect METAMOOZ's business and financial condition METAMOOZ's business is subject to the risk of litigation by employees, customers, consumers, suppliers, competitors, shareholders, government agencies or others, through private actions, class actions, administrative proceedings, regulatory actions or other litigation. The outcome of litigation, particularly class actions, regulatory actions and intellectual property claims, is difficult to assess or quantify. Plaintiffs in these types of lawsuits may seek to recover large or undetermined amounts, and the extent of the potential loss associated with these lawsuits may remain unknown for long periods of time. In addition, some of these lawsuits, if decided adversely to METAMOOZ or settled by METAMOOZ, may result in a material liability to its financial statements as a whole or may adversely affect its results of operations if changes to its business operations are required. The cost of defending future litigation may be significant. There may also be negative publicity associated with litigation that could affect the perception of its business by customers, whether the allegations are valid or METAMOOZ is ultimately found liable. As a result, litigation may have a negative impact on its business and financial condition.
6.4.9. Industry risk: limited operating history in a changing industry METAMOOZ has no operating history in a changing industry that may not develop as expected. Assessing its business and future prospects is difficult in light of the risks and challenges it may face. These risks and challenges include its ability to: - navigate complex and changing regulatory and competitive environments; - increase the number of Buyers; - Successfully maintain and evolve its internal controls to manage compliance with a complex and changing regulatory environment; - Successfully develop and deploy new products; - Successfully maintain its financing strategy; - Compete favorably with other companies that are currently in, or may in the future enter, the Blockchain technology mainstream; - Successfully navigate the economic conditions and market fluctuations of Blockchain technology; and - Effectively manage the growth of its business; - Successfully expand its business; - Continue to develop, maintain and scale Project HOMEETY and its launch platform; - Effectively use limited personal and technological resources; - Maintain and effectively scale its financial and risk management controls and procedures; - Maintain the security of the HOMEETY Project and the confidentiality of information provided and used in connection with the HOMEETY Project; and - attract, integrate and retain an appropriate number of qualified employees.
6.4.10. Changes in legislation There can be no assurance that income tax laws and laws relating to the industry in which METAMOOZ operates will not be changed in a manner that adversely affects METAMOOZ's business plan and Project HOMEETY.
7.1. The Website, the HOMEETY Project and the HOM Tokens are not offered to be used by individuals and legal entities, who are 'residents' (as defined in the applicable local regulations) or who have their registered office (in each case, 'Restricted Persons') in Restricted Countries.
7.2. More generally, HOM Tokens are not intended to sale.
7.2.1. In any jurisdiction where the sale or use of digital assets such as the HOMEETY token may be prohibited,
7.2.2. to individuals and legal entities whose habitual residence or registered office is in restricted countries, who must not use the website and are not authorized to acquire HOM tokens. None of METAMOOZ's activities take place in Restricted Areas,
7.2.3. natural persons under the age of 18,
7.2.4. legal entities, natural persons or their beneficial owners who have not provided consistent or sufficient proof of their identity,
7.2.5. persons who are subject to one or more sanctions and/or wanted persons,
7.2.6. persons whose public cryptographic address has never been registered in the METAMOOZ white list,
7.2.7. to natural or legal persons subject to US law within the meaning of US regulations,
7.2.8. to natural or legal persons subject to Chinese law,
7.2.9. to individuals or legal entities that are nationals of a State or territory that is on the lists of prohibited countries ("Prohibited Countries"), in accordance with Article L.561-4-1 of the French Monetary and Financial Code, or that are subject to the laws of Prohibited Countries
7.2.10. to Buyers whose IP address is geolocated in one of the Prohibited Countries.
7.3. METAMOOZ reserves the right to decide, at its own discretion, to adopt reasonable organizational and technical measures to ensure that the HOM websites and tokens are not accessible to restricted persons. By virtue of the fact that HOM tokens are offered on the Internet, METAMOOZ and Buyers understand that there may be some "backflow" of HOM tokens to Restricted Persons. METAMOOZ therefore explicitly prohibits Restricted Persons from using HOM tokens. METAMOOZ shall not be liable for any legal or monetary consequences arising from such use. Persons who use HOM tokens despite the prohibition shall, upon first demand, indemnify and hold harmless METAMOOZ for any legal or monetary consequences arising from their violation of the terms and conditions described in this Section 7.2.2. Restricted Persons shall immediately cease using HOM Tokens and leave the Site.
7.4. If you register to use HOM Tokens in the future on behalf of a legal entity, you represent and warrant to METAMOOZ and its management that (a) you are not a Restricted Person, (b) such legal entity is duly organized and validly existing under the applicable laws in the jurisdiction of its organization; and (c) you are duly authorized by such legal entity to act on its behalf.
7.5. You further represent and warrant that you are of legal age to form a binding contract (at least 18 years old in most jurisdictions);
7.5.1. Have full power and authority to agree to these Terms and that by doing so you will not violate any other agreement to which you are a party;
7.5.2. Are not a restricted person;7.5.3. Have not been placed on any sanctions list, published and maintained by the United Nations, the European Union, any EU country, the UK Treasury, the US Office of Foreign Assets Control (OFAC) or any similar entity in any other country in the world;
7.5.4. not use HOMEETY tokens if the applicable laws in the jurisdiction of your habitual residence or companies prohibit you from doing so in accordance with these Terms;
7.5.5. have a thorough understanding of the functionality, use, storage of cryptographic tokens, smart contracts and blockchain-based software;
7.5.6. have carefully reviewed the contents of this document and have understood and agreed to these Terms,
7.5.7. will contribute in MATIC from a cryptographic wallet or wallet service provider that technically supports HOM tokens,
7.5.8. have obtained and been provided with sufficient information about HOM tokens to make an informed decision to acquire them;
7.5.9. does not make any contribution with a HOM that directly or indirectly results from, or has previously been used for, "money laundering" activity of any kind, and upon request by METAMOOZ you hereby agree to provide METAMOOZ with any available information you have necessary to prove this statement to METAMOOZ or to any required exchange or government entity;
7.5.10. Understand that the HOM tokens only confer the right to benefit from the launch of the HOMEETY Project and do not confer any other rights of any kind with respect to the HOMEETY Project or METAMOOZ, such as the right to vote at its annual general meeting, the right to dividends or any other distribution or any other financial or legal right;
7.5.11. you are acquiring HOM tokens to support and participate in the development of the HOMEETY Project, its testing, deployment and operation; and that you are not acquiring HOM tokens for any other use or purpose, including, but not limited to, any speculative investment or other financial purpose;
7.5.12. your acquisition and use of HOM Tokens complies with applicable laws and regulations in your jurisdiction, including, but not limited to, (i) legal capacity and any other thresholds required in your jurisdiction to acquire HOM Tokens, use HOM Tokens in the Polygon Blockchain, and enter into contracts with us, (ii) any foreign exchange or regulatory restrictions applicable to acquiring and holding Tokens, and (iii) any governmental or other consents that may need to be obtained.
8.1. METAMOOZ believes that the HOM tokens are "utility tokens" within the meaning of Article L.552-2 of the French Monetary and Financial Code (i.e., an intangible asset representing, in digital form, one or more rights that can be issued, recorded, stored or transferred by means of a shared electronic recording device that allows the owner of the asset to be identified, directly or indirectly).
8.2. METAMOOZ closely monitors changes in legislation in the most relevant jurisdictions around the world where HOM tokens may be qualified differently or not regulated. Accordingly, METAMOOZ intends to act accordingly, if regulatory changes impact the operations of HOM tokens and the HOMEETY Project. METAMOOZ is not a financial institution and is not currently under the supervision of any financial supervisory authority. METAMOOZ does not provide licensed financial services, such as investment services, capital raising, fund management or investment advice. METAMOOZ believes (but cannot guarantee) that the distribution of HOM Tokens does not constitute a public offering, a regulated "security" or an equity or debt instrument.
8.3. The HOM Token does not represent and does not constitute an investment in a security or financial instrument within the meaning of Directive EUR 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.
8.4. The HOM Token is not an electronic money within the meaning of European Directive 2009.110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up and pursuit of the business of electronic money institutions.
8.5. The HOM token is not a payment service within the meaning of EU Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market, nor within the meaning of EU Directive No. 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment service 2 (PSD 2).
8.6. In accordance with the above, any Buyer subject to these terms and conditions is aware that it cannot expect judicial protection from the respective local regulator for damages or losses that may arise from the risks described in Article 6.
8.6.1. This Agreement or any other agreement, produced and signed by METAMOOZ, as well as the Website, and all of their contents do not constitute an offer or solicitation to sell shares or securities.
8.6.2. none of the information or analysis presented is intended to form the basis of an investment decision, and no specific recommendation is intended, and METAMOOZ's services and the Website are not, do not offer and should not be construed as, investments, securities or financial products.
8.6.3. METAMOOZ intends to use its best efforts to cooperate with any governmental or regulatory legal authority or supervisory authority of any country, as well as with any authorized financial institutions.
9.1. You hereby agree, to the fullest extent permitted by law (for yourself, your successors and assigns), that METAMOOZ and its affiliates, as well as its respective officers, directors, advisors, employees or agents, with respect to the Website, the HOMEETY Project and the offering, distribution and use by you of HOM Tokens, shall not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential special or consequential damages (including, but not limited to, loss of revenue, loss of profits, loss of business or damages resulting from the offer, sale or use or loss of use of the HOM Tokens, the Website or the Polygon blockchain) or damages caused by a data breach, even if METAMOOZ has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of the HOM tokens, the Website or the HOMEETY project. In no event shall the aggregate liability of METAMOOZ and its affiliates, whether in contract, warranty, tort or any other theory, exceed the amount received by the Contributions.
9.2. In addition, neither we nor any of our affiliates or licensors or ambassadors will be liable for any compensation, reimbursement or damages you or your successors and assigns may have in connection with: (a) your inability to use the Website, Polygon Blockchain or HOM Tokens, including, without limitation, as a result of any termination or suspension of Polygon Blockchain or these Terms, including as a result of power outages, maintenance, defects, system failures or other interruptions; (b) the cost of acquiring substitute goods or services ; (c) any investment, expense, or commitment by you in connection with these Terms or your use of or access to the Website, Polygon Blockchain, and HOM Tokens; or (d) any unauthorized access to, modification of, or deletion, destruction, damage, loss, or failure to store any data, including records, private keys, or other identifying information, associated with the Website, Polygon Blockchain and HOM Tokens.
9.3. You (for yourself, your successors and assigns) hereby waive your right to demand the return of any digital assets you exchanged with us for the purpose of acquiring HOM Tokens, including, without limitation, any specific performance claims.
9.4. You will defend, indemnify and hold harmless METAMOOZ, its affiliates, licensors or ambassador, if any, and each of their respective employees, officers, directors, advisors and representatives from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to any third-party claim regarding these Terms or your use of the Website, Polygon blockchain and HOM Tokens contrary to these Terms. If METAMOOZ is required to respond to a third-party subpoena or other mandatory legal order or process described above, you will also reimburse us for reasonable attorney's fees and our employees' and contractors' time and materials spent responding to the third-party subpoena or other mandatory legal order or process at reasonable hourly rates.
9.5. The information, software and products included in or available through the Polygon Website and Blockchain may include inaccuracies or typographical errors. Changes are periodically added to the information herein. METAMOOZ and/or its suppliers may make improvements and/or changes in the Website and the Polygon Blockchain at any time. METAMOOZ makes no representations about the suitability, reliability, availability, timeliness or accuracy of the Website, the Polygon Blockchain, HOM Tokens, information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website, the Polygon blockchain and HOM tokens, all such information, software, products and related graphics are provided "as is" without warranty or condition of any kind. METAMOOZ hereby disclaims all warranties and conditions with respect to the Website, Polygon blockchain, HOM tokens, related information, software, products, services and graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
9.6. In addition, METAMOOZ shall not be liable in the following cases:
9.6.1. Use of METAMOOZ services not in accordance with the terms of the contract;
9.6.2. Non-performance, failure, malfunction or unavailability of the Polygon Blockchain services due to a third-party, the buyer or the user of the Polygon Blockchain, a third-party product or the buyer's failure to fulfill its obligations;
9.6.3. Consequential damages such as loss or disruption of business, loss of orders, business interruption, trademark damage, loss of profits or Buyers (e.g., improper disclosure of confidential information about said Buyer due to system failure or hacking, third-party proceedings against Buyer, etc.); and
9.6.4. Loss, disclosure or illegal or fraudulent use of Buyer's identification by Buyer or third-parties;
9.6.5. Suspension of access or temporary or permanent suspension of HOM tokens or the Site (in particular following a request issued by a competent administrative or judicial authority, or a notification received from a third party);
9.6.6. inadequacy between the functionalities and services of the HOM tokens and the needs of the Buyer (in particular, with regard to the sensitivity of the data concerned);
9.6.7. security incidents related to the use of the Internet, including loss, alteration, destruction, disclosure or unauthorized access to Buyer's data or contact information on or via the Internet.
9.7. Because HOM tokens are based on the Polygon Blockchain, any malfunction, failure or abandonment of the Polygon Blockchain may have a material adverse effect on HOM tokens. In addition, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the HOM tokens and the Polygon Blockchain, including the usefulness of the HOM tokens, by rendering the cryptographic consensus mechanism underlying the Polygon Blockchain ineffective; METAMOOZ reserves the right to substitute an alternative network to replace the Polygon Blockchain in the future if needed or if it is useful for the HOMEETY Project.
9.8. As with other decentralized cryptographic tokens based on the Polygon Blockchain, HOM tokens are susceptible to attack by miners during the validation of HOM token transactions on the Polygon Blockchain or any other public Blockchain on which the Polygon Blockchain may operate, including, but not limited to, double-spending attacks, majority mining power attacks, and selfish mining attacks. Any successful attack poses a risk to the Polygon Blockchain, including, but not limited to, the accurate execution and recording of transactions involving HOM tokens.
9.9. Hackers or other malicious groups or organizations may attempt to interfere with the Polygon Blockchain or HOM tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus- based attacks, smurfing and spoofing. In addition, because the Polygon Blockchain is based on open-source software, there is a risk that a third-party or a member of the Polygon team may intentionally or unintentionally introduce a weakness into the Polygon Blockchain's core infrastructure, which could adversely affect the Polygon Blockchain and the HOM tokens.
9.10. You warrant to METAMOOZ that you will not use the Website or the HOM Tokens for any purpose that is unlawful or prohibited by these Terms. You may not use the HOM Tokens in any manner that could damage, disable, overburden or impair the HOM Tokens or the Website.
9.11. METAMOOZ reserves the right to correct any material error or omission in the contractual documents binding it to the Purchasers without the Purchaser being entitled to any compensation.
LIABILITY OF THE BUYER OF THE HOM TOKEN
10.1. The Buyer acknowledges that he/she is solely responsible for the safekeeping and use of the HOM tokens purchased under normal conditions of use, and in accordance with the legislation in force at the time and place of use as well as the code of conduct of his/her profession, of which he/she declares to be fully aware.
10.2. Consequently, he/she will be considered personally responsible for all harmful consequences resulting from the abnormal, non-conforming or unforeseeable storage, transfer or use of HOM tokens.
10.3. The Buyer also acknowledges that it has received from METAMOOZ all the necessary details of the information and data it has provided and is therefore solely responsible for the suitability of the HOM tokens ordered for the specific purpose intended.
10.4. The Buyer undertakes to transmit to METAMOOZ its correct and updated personal data at the time of the creation of its customer account and each time it may modify said account. METAMOOZ reserves the right to request supporting documents from Buyers to ensure the accuracy of the data they have provided.
10.5. The Buyer shall be solely and exclusively responsible for the credentials required to connect to the Listing website. METAMOOZ shall not be liable for any illegal or fraudulent use of the Buyer's login. The provision of logins is considered confidential. Any suspicion of intentional or unintentional disclosure of the login is the sole responsibility of the Buyer, to the exclusion of METAMOOZ.
10.6. Buyer shall be solely responsible for the consequences of theft or misuse of the HOM tokens purchased due to any use by Buyer's personnel or by any person to whom Buyer has provided its login(s). Likewise, Buyer shall assume full responsibility for the consequences of the loss of the aforementioned login(s).
11.1. The purchase of HOM tokens by the Buyer is irrevocable and cannot be suspended. The HOM tokens have no other value and functionality than that of being used on the platform that operates the HOMEETY project. No guarantee is attached to the HOM tokens after their attribution to the Purchasers.
11.2 METAMOOZ has no control over the operation of the smart contract on Polygon (or any other public Blockchain to which the HOM token is or will be connected). Therefore, METAMOOZ shall not be liable in any way for any failure of the said network that may result in the loss or inability of the Buyer to use the HOM tokens.
11.3 However, METAMOOZ shall use all due care and diligence to provide the best quality of service in accordance with current commercial practice and the state of the art. METAMOOZ is only bound by an obligation of means. HOM tokens will only be used if the Polygon Blockchain is effectively functioning. Otherwise, the value of the HOM tokens would most likely be zero.
COMPLIANCE WITH THE RGPD
13.1. All of your factual and potential tax obligations relating to the acquisition, use, transfer, assignment of HOM Tokens and the use of the Polygon Blockchain are your responsibility and METAMOOZ is in no way and under no condition obligated to offset your tax liability or to provide you with any advice related to tax matters, including but not limited to what type of declaration or report you must make to the relevant tax authority, what taxes and to what extent you are obligated to pay, what tax exemptions you are eligible for, etc.
13.2 All fees and charges payable by you are exclusive of any potentially applicable sales, use, VAT, income withholding and other taxes, and if any taxes are applicable, they will be added to the amounts payable. At our request, you will provide us with any information we reasonably request to determine whether we are required to collect VAT from you, including your VAT identification number, if applicable. If any deduction or withholding is required by law, you will notify us and pay us any additional amounts necessary to ensure that the net amount we receive, after any deductions and withholdings, is equal to the amount we would have received if no deductions or withholdings had been required. In addition, you will provide us, upon request, with documentation showing that the amounts withheld and deducted have been remitted to the appropriate taxing authority.
13.3. HOM tokens are sold without VAT
13.4. The tax treatment of HOM Tokens is uncertain and certain future events may have adverse tax consequences for purchasers. Each purchaser is advised to seek its own tax advice in connection with the purchase of HOM Tokens. Any purchase may result in adverse tax consequences to purchasers, including withholding taxes, income taxes and tax reporting obligations. Each purchaser should consult its own professional tax advisors and rely on their advice with respect to the tax treatment applicable to the purchase of HOM Tokens and any rights associated therewith.
DISPUTES RELATING TO THESE TERMS AND CONDITIONS
14.1 All disputes or claims arising out of or in connection with these Terms, including disputes relating to their validity, breach, termination or invalidity, and all disputes or claims arising out of or in connection with the use of the Site, the Project and the HOM Tokens shall be finally settled by the Commercial Court of Paris, France. The applicable law shall be French law, without regard to its conflict of law provisions.
14.2. You also waive your right to participate in a class action or arbitration against METAMOOZ or any of its affiliates.
15.1. We retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, trademarks, methods, compositions, formulas, techniques, information, source code, brand names, graphics, Buyer interface design, text, logos, images, information and data relating to the Project (hereinafter: "METAMOOZ's Creations"), whether or not patentable, copyrightable or trademarkable, and all trademarks, copyrights or patents relating thereto. You may not use any of our intellectual property for any purpose whatsoever, except with our express, prior and written consent.
15.2. These Terms shall not be understood or interpreted in a manner that would imply the assignment of any intellectual property rights.
15.3. You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the Project and to use the HOM Tokens strictly in accordance with these Terms and Conditions and any other terms and conditions that may be published on the Website now or in the future. As a condition of your use of the Website and HOM Tokens, you warrant to METAMOOZ that you will not use the Website, the Project or the HOM Tokens for any purpose that is unlawful or prohibited by these Terms. You may not use the HOM Tokens in any manner that could damage, disable, overburden or impair the Website and the Project. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and HOM Tokens. The limitation on the transferability of the license should not be understood to mean that purchasers are not permitted to transfer the HOM Tokens to third parties.
15.4. All METAMOOZ intellectual property is the property of METAMOOZ and is protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to respect and abide by all copyright and other proprietary notices, legends or other restrictions contained in such content and will not make any modifications thereto.
15.5. You will not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of METAMOOZ's intellectual property, in whole or in part, found on the Website or associated products and services. METAMOOZ Intellectual Property is not for resale. Your use of the METAMOOZ Creations does not give you the right to make any unauthorized use of the METAMOOZ Creations, and in particular you will not remove or alter the proprietary rights of the METAMOOZ Creations. You will use the METAMOOZ Intellectual Property solely for your own personal use and will not make any other use of the METAMOOZ Intellectual Property without the express written permission of METAMOOZ and the copyright owner. You agree that you do not acquire any ownership rights in the METAMOOZ Creations. We do not grant you any license, express or implied, to the METAMOOZ intellectual property
IMPREVENTION AND FORCE MAJEURE
METAMOOZ shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utilities, earthquakes, storms or other elements of nature, lockouts, embargoes, riots, acts or orders of government, acts of terrorism or war, changes in blockchain technology (broadly defined), changes in the Polygon Blockchain or any other blockchain or any other force beyond our control.
17.1. We do not allow persons under the age of 18 to register on our website and use HOMEETY tokens or our products. If we learn that a child under the age of 18 has provided us with personal information, we will immediately delete that information from our files and block their access to our website and products.
17.2. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
17.3. These Terms do not create any third-party beneficiary rights in any individual or entity.
17.4. You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
17.5. Our failure to enforce or omit to enforce any provision of these Terms shall not constitute a present or future waiver of such provision and shall not limit our right to enforce such provision in the future. Any waiver by us must be unequivocal and in writing to be effective.
17.6. Except as otherwise provided herein, if any part of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms shall remain in full force and effect. Any invalid or unenforceable portion shall be construed so as to affect the intent of the original portion. If such interpretation is not possible, the invalid or unenforceable portion shall be severed from these Terms, but the remainder of the Terms shall remain in full force and effect.
17.7. These Terms represent the entire agreement between you and us concerning the subject matter of these Terms, in particular the use of the Website, the Project and the acquisition, purchase, use, sale or disposition of HOM To k e n s . T h e s e Te r m s s u p e r s e d e a l l p r i o r o r contemporaneous representations, understandings, agreements or communications between you and us, whether written or oral, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of these Terms (whether or not it materially modifies these Terms) and that is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.
17.8. These Terms are not boilerplate. If you do not agree with any of them, if you believe that any of them should not apply to you, or if you wish to negotiate these Terms, please contact METAMOOZ by email and immediately navigate away from the Site and cease using the Project. Your agreement to acquire HOM tokens, your acceptance and purchase of HOM tokens, your use of HOM tokens, and/or your use of the Website or the Project constitute your express agreement to these Terms.