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Terms & Conditions | WEBGL

Last update: 25/09/2019

Please review the terms of service contained herein carefully. By accessing and/or using any of the Services provided by UNDO Studio SA, You have read, understood, and accepted all of the following Terms, as well as all of the terms which are incorporated herein by reference.

  1. RIGHTS AND OBLIGATIONS

The following terms and conditions (the “Terms”) constitute a binding agreement between UNDO Studio SA, a limited company registered under the laws of Switzerland, registered with the Register of Commerce under No. CHE-434.124.671 and with registered address at Via Maggio, 1 – 6900 Lugano (“UNDO” or the “Company”), and the person, persons, or entity (“You” or “Your”) accessing and/or using the Nemesis virtual space at www.thenemesis.io (the “Services”).

By accessing and/or using the Services, You have read, understood, and accepted all of the following Terms and agree to be legally bound by these Terms, in their most recent version; You further represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You represent a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into these Terms on behalf of such corporation, governmental organization or other legal entity and to legally bind it to these Terms.

Your access and/or use of the Services is contingent upon Your acceptance of these Terms.

The Company may amend these Terms at any time. Amendments will be effective 14 (fourteen) days after the modified terms and conditions have been posted on the Company’s website at https://thenemesis.io, except for amendments that relate to new features or made for legal reasons, which will become effective immediately. If You do not agree to such modified terms, You should discontinue Your use of the Services.

  1. SERVICES

The Nemesis is a gaming, entertainment and social platform, launching an unprecedented economic system based on democracy, meritocracy, the enhancement of individual skills and the growth of shared revenues. Virtual reality, 3D experiences and blockchain technology come together in a highly innovative technological product, which is already available.

The Nemesis creates a 360-degree user involvement and relies on a continuous interaction between online and offline components, first to encourage the user to maintain a healthier relationship between real life and its digital projection, and second to provide companies with an innovative and more effective marketing tool. The business model, the technological asset and the expertise of the team working on the project, are the main aspects of what makes The Nemesis so great, a platform that has the potential of becoming a constant part to the daily lives of millions of people around the world - sooner than one might think.

The Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without liability to You, for any interruption, modification, or discontinuation of the Services or any function or feature thereof.

  1. PAYMENT

All payments incurred in connection with the Service and all funds placed in the Nemesis wallet are payable in advance and are not refundable. The Company is using its own unit of account, called NEM. All payment done within the platform for the use of the Service are showed in NEM. NEM is a non-refundable unit of account for the use of the Service. NEM is stored within the platform but can also be transferred between third users of the Services within the platform. NEM cannot be transferred outside the platform and do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using NEM, the Company will return the NEM to your wallet.

Through the Services, the Company may make available a free NEMS balance to You at its sole discretion. To access Your wallet within the Nemesis platform you may be asked to provide registration details, including but not limited to first and last name, email address, a payment method and related billing address. You may only register for one (1) wallet. You are responsible for all uses of your wallet, including all applicable taxes and all purchases made by you or anyone else.

The Company reserves the right to suspend or terminate your wallet if the Company determines in its sole discretion that you misused the NEM, conducted unauthorized transactions from another user’s wallet, or used the wallet to conduct any fraudulent or other illegal activity. In the event that your wallet is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, the Company will return your remaining NEM less any charges, fees, or other amounts owed to the Company itself. In any case, NEM are not refundable and are not redeemable for money or monetary value from the Company or any other person or entity.

  1. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Services are the property of the Company or its licensors. Subject to Your compliance with these Terms, the Company grants You a limited right to access and/or use the Services. The right to access and/or use the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives You any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Services.

You acknowledge and agree that the Company retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein.

  1. DATA PROTECTION

In order to provide You with the Services, You acknowledge and agree that The Company may collect, store and process Your personal data and/or information. By accessing and/or using the Services, You have read, understood, and accepted to the terms of The Company’s privacy policy, and You acknowledge and agree that The Company may use such data and/or information in accordance with the terms of its privacy policy.

  1. TERMINATION

The Company may terminate these Terms or suspend Your access to the Services at any time, including, without limitation, in the event of Your alleged or actual misuse of the Services or breach of these Terms.

  1. LIMITATION OF LIABILITY

In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Services, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not The Company was advised of the possibility of such damages.

Without limiting the generality of the foregoing, the Company takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Services, including, without limitation, to any of the following: (i) loss of or inability to access or transact data, cryptocurrencies or digital assets; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) stolen, lost, or unauthorized use of Your means of authorization; (vi) errors calculating network fees; (vii) corrupted data on The Company’s servers; (viii) incorrectly constructed transactions or mistyped wallet addresses; (ix) failure to update or provide correct information; (x) “phishing” or other websites masquerading as The Company; (xi) delays, interruption or loss of services; (xii) loss of business or goodwill.

The Services support or are integrated with third party services. The Company takes no responsibility for any third party services and will not be liable for any loss or damages caused by such third party services.

The Services are provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. The Company disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

  1. RESTRICTIONS

By accessing and/or using the Services, You acknowledge and agree that You shall not use the Services if applicable laws, based on Your country of location, residency and/or citizenship, prohibit You from doing so in accordance with these Terms.

By accessing and/or using the Services, You acknowledge and agree that You shall not use, or assist third parties to use, the Services any way which may constitute a contravention of applicable laws or which may contradict the purposes or hinder the operations of the Services or hinder the operations of other users of the Services.

Without limitation to the foregoing, You acknowledge and agree that You shall not use, or assist third parties to use the Services to, without limitation, avoid taxes, engage into activities that may amount to market abuse (including, without limitation, front-running, wash trades, etc.), engage into illegal gambling, frauds, money laundering or terrorist activities.

  1. INDEMNIFICATION

To the fullest extent permitted under applicable laws, You agree to hold harmless and indemnify The Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Services; and (ii) Your alleged or actual infringement or violation of any laws or of the rights of a third party.

  • ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between You and The Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

  • SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

The failure of the Company to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of The Company’s rights to do so.

  • ASSIGNMENT

The Company may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party.

  • GOVERNING LAW AND JURISDICTION

The Terms for the Wallet services offered by The Company Switzerland are subject to and governed by Swiss law to the exclusion of Swiss international private law and any international treaties. All disputes arising from or under these Terms shall be subject to the exclusive jurisdiction of the competent courts of Lugano, Switzerland.

  • CONTACTS

If You have any questions regarding these Terms, please contact us at info@thenemesis.io.