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OFFICIAL SHIB PROJECT
OFFICIAL LIQUID STAKING OF $SHIB TEAM'S LAYER-2: SHIBARIUM
Liquid Yield. Generated by Shibarium. Managed by AI. Governed by Dogs.
Register
$KNINE
NOW LIVE
ERC-20 ADDRESS:
Copied
0x91fbB2503AC69702061f1AC6885759Fc853e6EaE
THE POUND
Staking & Yield Generation
K9 AI
Treasure Management Using Advanced Artificial Intelligence Trading
GOVERNANCE
DAO Governance, Voting, Treasury Management, Enhanced Yield Optimization
© 2024 All Rights Reserved
K9 TOKENS TERMS
GROUP OVERVIEW
The K9 Member DAO - (herein after 'The Group') is a Decentralized Autonomous
Organization based from the Republic of Panama. The Group has designed, built,
and deployed a state of the art web based platform which allows users to engage
with an online multimedia multiverse which includes the development and
deployment of certain Fungible Tokens. To engage with this Ecosystem, users must
use K9 Tokens known either as ('K9 ' or 'The Tokens(s)') that will work along
side the newly developed ecosystem by the Group.
These K9 Tokens will be built using distributed ledger technology which contains
unchangeable code functions, leveraging software which will enable its users to
own and trade a specific type of Tokens.
As part of an international growth strategy, it is anticipated that the Group
will provide new and advanced features to its units which are designed to
expanded its abilities. Additionally, the Group will enhance its administrative,
technical and development services to this blockchain technology network enabled
by its users.
In order to work with the K9 ecosystem you are required to acquire the K9 Tokens
and use them within that ecosystem. These Terms govern your use of those Tokens
both in the K9 ecosystem and generally.
OVERVIEW OF NETWORK AND SERVICES
K9 is a totally revolutionary platform that uses elements of blockchain, AI, AR,
and Web Based Data transfer to enable users to engage with the developed
ecosystem/
The K9 Tokens are built on the shibarium blockchain(s) and use that technology
which is accessible from most computer and mobile devices via a private wallet.
The K9 Tokens and the K9 Platform have been developed by some of the most
technological minded individuals in the crypto-industry backed by a team
featured in major publications across the globe. All of which carry the
skillset, talents, and capabilities to deliver this revolutionary product.
TERMS AND CONDITIONS -- DISCLAIMERS
PLEASE READ THESE TERMS OF IN RELATION TO THE K9 TOKENS CAREFULLY. NOTE THAT
SECTIONS OF THESE TERMS AND EXHIBITS CONTAIN CLAUSES REQUIRING BINDING
ARBITRATION AND CLASS ACTION WAIVER, WHICH, IF APPLICABLE TO YOU, AFFECT YOUR
LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT Use OR USE K9 Tokens.
THESE TERMS
Your Use of K9 (“K9 Tokens”) from K9, (“Group,”” K9' “we,” or “us”) or your
acquiring and using the Tokens at any point is subject to these Terms (“Terms”).
Each of you and Group is a “Party,” and together the “Parties.” For the
avoidance of doubt these terms shall apply at all times regardless of how you
acquire K9 Tokens.
By using K9 Tokens at any time, including owning, holding, transferring or
interacting with the Tokens you will be bound by these Terms and all terms
incorporated by reference. Regardless of how you acquired K9 Tokens you will be
bound by these Terms. If you have any questions regarding these Terms, please
contact us at Support @ the website domain in use at the time. These Terms are
non-negotiable. If you do not agree with them you should not acquire or use K9
Tokens in any fashion.
UPDATES TO THE TERMS AND CONDITIONS OF THE K9 TOKEN TERMS:
K9 reserves the right, at its sole discretion, to change, modify, add, or remove
portions of the Terms at any time by posting the amended Terms on the K9 Tokens
website where these terms are posted. Any User will be deemed to have accepted
such changes by continuing to use K9 Tokens, engaging with our website, using a
unit at any time or undertaking any action for the advancement of the project or
engaging with the ecosystem. These Terms may not be otherwise amended except in
a signed writing executed by both the user and K9 . For purposes of this
agreement, "writing" does not include an e-mail message and a signature does not
include an electronic signature. If at any point you do not agree to any portion
of the then-current version of the Terms, you should not Use or use any K9
Tokens at any point.
YOU AND K9 TOKENS AGREE AS FOLLOWS:
Purpose and Use of K9 Tokens in the Network
The purpose of the K9 Tokens is to facilitate the unit and the network protocol
being used by the Group which allows users engage with a fan engagement system (
the “Network”) K9 has developed a state of the art VR and AR based system which
allows users to engage with media, sports, and other entertainment activities.
(collectively, the “Services”). These services, website, and software
applications are designed to complement certain social objectives aimed to
promote social and general inclusion of all users.
The K9 Tokens issued by the Group are intended to facilitate the provision of
Services from Group through Group’s software applications, and product
development which serves as a user interface and development platform on the
Network.
The sale, or use of of K9 Tokens is not a solicitation for investment and in no
way is intended as an offering of securities in any jurisdiction. This includes
Tokens which are sold via any third party or made available for trade such as on
an exchange.
Since the K9 Tokens are designed only for particular uses with respect to the K9
ecosystem, it is not necessarily merchantable and does not necessarily have any
other use or value. K9 views our K9 Tokens(s) as a kind of consumable virtual
fuel or tool(s) without any specific outlook or expectation on its
merchantability or market price.
1. NON-FINANCIAL NATURE OF OUR TOKENS
Being a transfer mechanism to establish the level of participation by a user the
to enable us to develop the K9 Tokens Ecosystem, by its design K9 Tokens are NOT
and shall in NO case be understood, deemed, interpreted or construed as:
1. any kind of currency or money, whether fiat or not;
2. equity interest, voting or nonvoting securities (or its like) in, or claims
against, K9 Tokens including its members, shareholders, consultants,
directors or any other entity in any jurisdiction;
1. equity or debt investment of any kind in any venture;
1. any securities having intrinsic value or market price;
1. any form of financial derivatives;
1. any commercial paper or negotiable instrument;
1. any form of investment contract between the relevant holder and any other
person;
1. any commodity or asset that any person is obliged to redeem or Use; or
1. any note, bond, warrant or other certificate that entitles the holder to
interest, dividend or any kind of return from any person.
For more information about K9 Tokens, our Wallet, Services, the Metaverse, the
Website, or any of our Services, please visit The website ( the "Site"),
Likewise more information can be found on the K9 website or Terms of Services,
or Terms of K9 Tokens Terms, or the Whitepaper (“Whitepaper”).
SPECIAL NOTICE: K9 TOKENS ARE MAINTAINED BY K9 GLOBAL WHICH IS LICENSED TO USE
THE K9 NAME. IT DOES NOT AND IS NOT AFFILIATED WITH ANY OTHER ENTITY USING OR
HOLDING THE K9 BRANDING. SUCH A LICENSE HAS NOT AND IS NOT INTENDED TO CREATE A
RELATIONSHIP BETWEN THE PARTIES WHICH IS TRANSFERABLE TO YOU. THE K9 TOKENS ARE
USED WITH K9 SERVICES WHICH ARE CREATED AND MAINTAINED BY THE K9 GROUP OF
COMPANIES. K9 HAS NO CONTROL OVER THE K9 GROUP OF COMPANIES AND THESE SERVICES
CAN BE WITHDRAWN AT ANY TIME AT THE SOLE DISCREATION OF THE K9 GROUP OF
COMPANIES.
IN USING, HOLDING, INTERACTING WITH, TRADING, OR GENERALLY POSESSING THE TOKEN.
YOU ARE DEEMED TO HAVE UNDERSTAND THAT K9 HAS NO RELATIONSHIP WITH K9 OTHER THAN
BENG PERMITTED TO USE THE BRAND NAME AND PROVIDE SOFTWARE SOLUTIONS INTO THEIR
ECOSYSTEM.
AS SUCH, YOU HAVE NO RIGHTS, REMEDIES, RELATIONSHIP OR CLAIMS AGAINST THE K9
GROUP OF COMPANIES OR ANY Group BEARING THE K9 NAME SIMPLY FOR HOLDING OR USING
THE TOKEN. ANY OF THEIR SERVICES ARE PROVIDED UNDER THEIR OWN RESPECTIVE TERMS
AND CONDITIONS WHICH YOU MUST AGREE WITH BEFORE YOU CAN USE THOSE SERVICES.
BOTH COMPANIES MAINTAIN EXCLUSIVE RELATIONSHIPS WITH USERS.
2. ACQUISITION AND USE
1. Use of the K9 Tokens is voluntary. No person will be deemed as committed or
obliged to participate in the use of K9 Tokens or obliged to use any K9
Tokens for visiting the site, registering
himself/herself with the site, requesting or reading any materials (such as this
Disclaimers, or the Whitepaper) made available by K9 . Including the website or
communicating with K9 in any manner. Only those who own Tokens, including if
done so on behalf of a third party or as a corporation or other legal entity are
deemed to have committed themselves to Use subject to the terms contained within
that contract and this document.
Since Use of K9 Tokens is made on a purely voluntary basis, it should be
understood that Use, holding, or use of any K9 Tokens is not risk-free. See
“Risk Factors” discussed below for details.
2. Each person shall only participate in the Use of K9 Tokens (a “User”) in
their own capacity, or on behalf of a third party such as client or
corporation with express permission to do so from that third party.
1. Each User will, upon participating in the Use of K9 Tokens , be deemed as
having perused and comprehended these Disclaimers, the Whitepaper, and all
other terms (inter alia, the risk factors set forth below) and having
voluntarily accepted all the warranties and disclaimers made and the risks
disclosed within each.
1. K9 Tokens owned or administered by any User will are done so at their sole
discretion and the maintenance, including safe storage of those Tokens
remains the sole responsibility of the User.
1. User shall be required to take any action to identify any K9 user at any
time, regardless of how Tokens are acquired. If K9 conducts “know your
customer” exercises or any other kind of customer due diligence to verify
the identities of all or part of the Users, the Users concerned shall timely
provide all such information and meet all such requests as may be sought or
instructed by K9 for that purpose.
1. If K9 discovers the Use of K9 Tokens by any User violating any anti-money
laundering, counter- terrorism financing or other regulatory requirements,
such Use shall be invalid with retroactive effect and K9 Tokens shall be
entitled to immediately deny the relevant person’s admissibility to the Use
of K9 Tokens , reject delivery of any K9 Tokens and request return of any
delivered K9 Tokens, irrespective of any payment that could have been made
by that User. Including, where needed, the confiscation of K9 Tokens.
Security
You are responsible for implementing reasonable measures for securing the
wallet, or other storage mechanism you use to receive and hold K9 Tokens you Use
from us, including any requisite private key(s) or other credentials necessary
to access such storage mechanism(s). If your private key(s) or other access
credentials are lost, you may lose access to your K9 Tokens. We are not
responsible for any such losses.
WARNING: DO NOT USE K9 TOKENS IF YOU ARE NOT AN EXPERT IN DEALING WITH
CRYPTOGRAPHIC K9 TOKENS AND BLOCKCHAIN- BASED SOFTWARE SYSTEMS
Uses of K9 Tokens should be undertaken only by individuals, entities, or
companies that have significant experience with, and understanding of, the usage
and intricacies of cryptographic Tokens,
like Bitcoin(“BTC”), and blockchain based software systems. Users should have
functional understanding of storage and transmission mechanisms associated with
other cryptographic Tokens. While the K9 Team will be available to assist Users
of K9 Tokens, K9 and K9 will not be responsible for lost cryptocurrency, such as
BTC, ETH, or other resulting from actions taken by, or omitted by Users. Note,
in particular, that our K9 Tokens Users should take great care to write down
their wallet password and not lose it so as to be sure that they will be able to
access their K9 Tokens when it becomes available. If you do not have such
experience or expertise, then you should not Use K9 Tokens.
REPRESENTATIONS AND WARRANTIES
1. To participate in the Use of K9 Tokens each User shall represent and warrant
that:
1. All the information submitted by him/her to K9 is true, complete, valid and
non-misleading;
1. He/she is not a citizen, tax resident or green card holder of a country
which excludes the use of Cryptographic Tokens.
1. He/she is of sufficient age to participate in the Use of K9 Tokens and is a
natural person with full civil capacity of conduct under the laws of the
jurisdiction where he/she is domiciled or maintains citizenship;
2. He/she is a seasoned participant, backer, expert, technician and/or
professional in the fields of blockchain, distributed ledger technology and
crypto-K9 Tokens, cryptocurrency and financial market and is fully aware of
the risks associated with the development and use of the K9 Tokens, Wallet,
and Ecosystem;
2. His/her participation in the Use of K9 Tokens is voluntary and based on
his/her own independent judgment without being coerced, solicited or misled
by anyone else;
1. He/she is permitted by the laws of each jurisdiction to participate in the
Use of K9 Tokens and is legally permitted to acquire, receive and hold
crypto-K9 Tokens;
3. No consent, approval, order or authorization of, or registration,
qualification, designation, declaration or filing with, any governmental
authority is required on his/her part in connection with the participation
in the Use of K9 Tokens ;
4. He/she is experienced in and capable of maintaining and safekeeping of any
private key(s) or wallets in which he/she holds Cryptographic Tokens;
1. He/she only uses such Cryptographic Tokens as lawfully acquired through
mining and/or trading to make payment in the Use of K9 Tokens and does not
participate in the Use of K9 Tokens for any money-laundering, terrorism
financing or other illicit purpose;
2. He/she aims to acquire K9 Tokens from K9 Tokens primarily for using the
designed functions of the K9 Ecosystem without expectation of any profit or
financial yield and does not contemplate to use K9 Tokens for any financial,
speculative, illegal or unethical purpose; and
11. (Except having specifically communicated to and been permitted by K9 in
advance) he/she is participating in the Use of K9 Tokens for his/her own
benefit and is not acting as a nominee or agent for or on behalf of any
third party.
10. Does not hold K9 Tokens or shall not hold K9 Tokens while it defames,
attacks, or otherwise negatively comments on the K9 brand, team members, or
any Group within the K9 network (including those which use its name under
license).
All the above representations and warranties made by a User shall be true,
complete, accurate and non- misleading on and from the date of that User making
a payment hereunder throughout the Use of K9 Tokens and onwards. K9 reserves the
right to reject and invalidate the payment by, and withhold the relevant K9
Tokens from, any User who has made a false representation in the sole judgment
of K9.
K9 Does not and do not operate or maintain all aspects of the Network, and as
such, we have no responsibility or liability for the Network or any ability to
control third parties’ use of the Network.
Ownership of K9 Tokens carries no rights, express or implied, other than the
right to use K9 Tokens as a means to enable usage of and interaction with the
Network, if successfully completed and deployed. In particular, you understand
and accept K9 Tokens do not represent or confer any ownership right or stake,
share or security or equivalent rights, or any right to receive future revenue
shares, intellectual property rights or any other form of participation in or
relating to the Network and/or Group and its affiliates, other than rights
relating to the provision and receipt of Services in the Network, subject to
limitations and conditions in these Terms and applicable Network Terms and
Policies (as defined below). You understand and accept that the K9 Tokens are
not intended to be a digital currency, security, commodity or any other kind of
financial instrument.
SCOPE OF TERMS
Unless otherwise stated herein, these Terms govern initially your Use of K9
Tokens.
Any use of K9 Tokens in connection with providing or receiving Services in the
Network will be governed additionally by other applicable terms and policies,
which currently include our Terms of Service available on our website, these
Terms and Conditions - Disclaimers our online and mobile Terms of Use and our
Privacy Policy (collectively, the “Terms and Policies”). As mentioned above, we
or third parties may add new terms or policies to the Network Terms and Policies
at their sole discretion, and may update each of the Network Terms and Policies
from time to time according to modification procedures K9 or K9 may choose to
implement.
To the extent of any conflict with these Terms, the Network Terms and Policies
shall control with respect to any issues relating to the use of K9 Tokens in
connection with providing or receiving Services in the Network.
CANCELLATION; REFUSAL OF USE REQUESTS
Your Use of K9 Tokens is final, and there are no refunds or cancellations except
as may be required by applicable law or regulation in the event of a breach of
securities laws. We reserve the right to refuse or cancel K9 Tokens Use requests
at any time in our sole discretion. K9 TOKENS ARE NOT an investment and you
cannot and may not claim the loss of any fees, funds, or other cryptographic
asset by Use of or acquiring K9 in any way.
PERSONAL INFORMATION
We may determine, in our sole discretion, that it is necessary to obtain certain
information about you in order to comply with applicable law or regulation in
connection with selling K9 Tokens to you. You agree to provide us such
information promptly upon request, and you acknowledge that we may refuse to
sell K9 Tokens to you until you provide such requested information and we have
determined that it is permissible to sell you K9 Tokens under applicable law or
regulation.
TAXES
You are responsible for determining what, if any, taxes apply to your Use of K9
Tokens, including, for example, sales, use, value added, and similar taxes. It
is also your responsibility to withhold, collect, report and remit the correct
taxes to the appropriate tax authorities. We are not responsible for
withholding, collecting, reporting, or remitting any sales, use, value added, or
similar tax arising from your Use of K9 Tokens. K9 will not produce any tax
documents.
REPRESENTATIONS AND WARRANTIES
By owning, using, trading, holding, or administering K9 Tokens, you represent
and warrant that: You have read and understand these Terms (including all
Exhibits);
You have sufficient understanding of the functionality, usage, storage,
transmission mechanisms and other material characteristics of cryptographic
Tokens, K9 Token storage mechanisms such as Token Wallets, blockchain technology
,and blockchain-based software systems to understand these Terms and to
appreciate the risks and implications of Use ofthe K9 Tokens;
You have obtained sufficient information about the K9 Token to make an informed
decision to Use the K9 Tokens including the relationship between K9 Companies
and K9;
You understand that the K9 Tokens confer only the right to provide and receive
Services in the Network and confer no other rights of any form with respect to
the Network or Group or its corporate affiliates, including, but not limited to,
any voting, distribution, redemption, liquidation, proprietary (including all
forms of intellectual property), or other financial or legal rights;
You are Use ofK9 Tokens to provide or receive Services in the Network and to
support the development, testing, deployment and operation of the Network. You
are not Use ofK9 Tokens for any other uses or purposes, including, but not
limited to, any investment, speculative or other financial purposes;
Your Use of K9 Tokens complies with applicable law and regulation in your
jurisdiction, including, but not limited to,
1. legal capacity and any other threshold requirements in your jurisdiction for
Use ofthe K9 Tokens, using the K9 Tokens in the Network, and entering into
contracts with us,
1. any foreign exchange or regulatory restrictions applicable to such Use, and
1. any governmental or other consents that may need to be obtained;
You will comply with any applicable tax obligations in your jurisdiction arising
from your Use of K9 Tokens;
If you are Use ofK9 Tokens on behalf of any entity, you are authorized to accept
these Terms on such entity’s behalf and that such entity will be responsible for
breach of these Terms by you or any other employee or agent of such entity
(references to “you” in these Terms refer to you and such entity, jointly);
You are not a resident or domiciliary of a country which does not allow the use
of Cryptographic Tokens nor are you using K9 Tokens from a location that
prohibits the Use of Cryptographic Tokens through means such as a VPN or other,
and You are not:
1. a citizen or resident of a geographic area in which access to or use of the
Services is prohibited by applicable law, decree, regulation, treaty, or
administrative act,
(ii) a citizen or resident of, or located in, a geographic area that is subject
to U.S. or other sovereign country sanctions or embargoes, or (iii) an
individual, or an individual employed by or associated with an entity,
identified on the U.S. Department of Commerce’s Denied Persons or Entity List,
the U.S. Department of Treasury’s Specially Designated Nationals or Blocked
Persons Lists, or the U.S. Department of State’s Debarred Parties List. You
agree that if your country of residence or other circumstances change such that
the above representations are no longer accurate, that you will immediately
cease using the Services. If you are registering to use the Services on behalf
of a legal entity, you further represent and warrant that (i) such legal entity
is duly organized and validly existing under the applicable laws of the
jurisdiction of its organization, and (ii) you are duly authorized by such legal
entity to act on its behalf (iii) you are not within a country or allowing those
within a country which features on any intentional sanctions list to use K9
Tokens.
You understand and acknowledge that title to, and risk of loss of, K9 Tokens you
receive from the Smart Contract System .
INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend
and hold harmless Group and our respective past, present and future employees,
officers, directors, contractors, consultants, equity holders, suppliers,
vendors, service providers, parent companies, subsidiaries, affiliates, agents,
representatives, predecessors, successors and assigns (the “Group Parties”) from
and against all claims, demands, actions, damages, losses, costs and expenses
(including attorneys’ fees) that arise from or relate to:
1. your Use or use of K9 Tokens,
1. your responsibilities or obligations under these Terms,
1. your violation of these Terms, or
1. your violation of any rights of any other person or entity.
The Group reserves the right to exercise sole control over the defense, at your
expense, of any claim subject to indemnification under the applicable sections
of the agreement herein. This indemnity is in addition to, and not in lieu of,
any other indemnities set forth in a written agreement between you and Group.
DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE
SPECIFIED IN A WRITING BY US, (A) K9 TOKENS ARE SOLD ON AN “AS IS”
AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY
DISCLAIM ALL IMPLIED WARRANTIES AS TO K9 TOKENS, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON- INFRINGEMENT; (B) WE DO NOT REPRESENT OR WARRANT THAT STAR ATALAS
TOKENS ARE RELIABLE, CURRENT OR ERROR- FREE, MEET YOUR REQUIREMENTS, OR THAT
DEFECTS IN K9 TOKENS WILL BE CORRECTED; AND (C) WE CANNOT AND DO NOT REPRESENT
OR WARRANT THAT K9 TOKEN OR THE DELIVERY MECHANISM FOR K9 TOKENS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties or
disclaimer of implied terms in contracts with consumers, so some or all of the
exclusions of warranties and disclaimers in this section may not apply to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL Group OR
ANY OF THE Group PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,
WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR
DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE
ACQUISITION OF OR USE OF K9 TOKENS OR OTHERWISE RELATED TO THESE TERMS,
REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING,
BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR
ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE
FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF Group AND THE
Group PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF
OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE K9 TOKENS, EXCEED
THE AMOUNT YOU PAY TO US FOR K9 TOKENS.
THE LIMITATIONS SET FORTH IN APPLICABLE SECTIONS HEREIN WILL NOT LIMIT OR
EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL OR
RECKLESS MISCONDUCT OF Group.
Some jurisdictions do not allow the limitation or exclusion of liability for
incidental or consequential damages. Accordingly, some of the limitations of
this section may not apply to you.
RELEASE
To the fullest extent permitted by applicable law, you release Group and the
other Group Parties from responsibility, liability, claims, demands and/or
damages (actual and consequential) of every kind and nature, known and unknown
(including, but not limited to, claims of negligence), arising out of or related
to disputes between users and the acts or omissions of third parties. You
expressly waive any rights you may have under principles that would otherwise
limit the coverage of this release to include only those claims which you may
know or suspect to exist in your favor at the time of agreeing to this
release.
Total waiver of Liability
You hereby warrant and agree that the Group, its directors, members,
shareholders or any other party associated with K9 or GCI shall not be liable
for any losses associated with the use of, creation, development, obtaining,
transfer, holding, or your general participation in the use of K9 Tokens or
possession of the K9 Tokens.
You further warrant and agree that you hereby hold the Group, its members,
directors, or shareholders harmless for any non-development of software features
or project development associated with the K9 project. Any forecasts, figures,
suggestions, designs, or ideas are subject to change, compliance, regulations,
and development fees. In the event that K9 does not create, develop, or deploy
any of its ideas or suggestions provided on its website, white paper, or in any
press release. The Group, directors, members, shareholders shall not be liable
for any losses or breach of this agreement.
DISPUTE RESOLUTION -- ARBITRATION
Binding Arbitration.
Except for any disputes, claims, suits, actions, causes of action, demands or
proceedings (collectively, “Disputes”) in which either Party seeks injunctive or
other equitable relief for the alleged unlawful use of intellectual property,
including, without limitation, copyrights, trademarks, trade names, logos, trade
secrets or patents, you and Group (i) waive your and Group’s respective rights
to have any and all Disputes arising from or related to these Terms resolved in
a court, and (ii) waive your and Group’s respective rights to a jury trial.
Instead, you and Group will arbitrate Disputes through binding arbitration
(which is the referral of a Dispute to one or more persons charged with
reviewing the Dispute and making a final and binding determination to resolve it
instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions.
Any Dispute arising out of or related to these Terms is personal to you and
Group and will be resolved solely through individual arbitration and will not be
brought as a class arbitration, class action or any other type of representative
proceeding. There will be no class arbitration or arbitration in which an
individual attempts to resolve a Dispute as a representative of another
individual or group of individuals. Further, a Dispute cannot be brought as a
class or other type of representative action, whether within or outside of
arbitration, or on behalf of any other individual or group of individuals.
Process.
Arbitration will be conducted confidentially. Any Dispute shall be referred to
and finally resolved by arbitration administered by an arbitration body based in
the Republic of Singapore pursuant to Article 110(1) of the Commercial Code Act
of Singapore. It will be conducted in accordance with the Arbitration Rules of
the Republic of Singapore, for the time being in force, which rules are deemed
to be incorporated by reference in this clause. The seat of the arbitration
shall be Republic of Singapore. The Tribunal shall consist of one (1) or three
(3) arbitrator(s). The language of the arbitration shall be English. The
Singapore judicial system will have exclusive jurisdiction over any appeals and
the
enforcement of an arbitration award. All costs of Arbitration will be born and
maintained by you. Authority of Arbitrator(s)
As limited by these Terms and the applicable Commercial Code Act and Singapore
Arbitraion rules, the arbitrator(s) will have (i) the exclusive authority and
jurisdiction to make all procedural and substantive decisions regarding a
Dispute, including the determination of whether a Dispute is arbitrable, and
(ii) the authority to grant any remedy that would otherwise be available in
court; provided, however, that the arbitrator does not have the authority to
conduct a class arbitration or a representative action, which is prohibited by
these Terms. The arbitrator(s) may only conduct an individual arbitration and
may not consolidate more than one individual’s claims, preside over any type of
class or representative proceeding or preside over any proceeding involving more
than one individual.
Severability of Dispute Resolution and Arbitration Provisions.
If any term, clause or provision of this Section is held invalid or
unenforceable, it will be so held to the minimum extent required by law, and all
other terms, clauses and provisions of this Section will remain valid and
enforceable. Further, the waivers set forth in this Section are severable from
the other provisions of these Terms and will remain valid and enforceable,
except as prohibited by applicable law.
Governing Law and Venue
These Terms will be governed by and construed and enforced in accordance with
the laws of the Republic of Singapore without regard to conflict of law rules or
principles that would cause the application of the laws of any other
jurisdiction. Any Dispute between the Parties arising out or relating to these
Terms or its subject matter or formation (including non-contractual Disputes of
claims) that is not subject to arbitration will be resolved in the courts of the
Republic of Singapore.
Severability
If any term, clause or provision of these Terms is held unlawful, void or
unenforceable, then that term, clause or provision will be severable from these
Terms and will not affect the validity or enforceability of any remaining part
of that term, clause or provision, or any other term, clause or provision of
these Terms.
Miscellaneous
These Terms constitute the entire agreement between you and us relating to your
Use of K9 Tokens from us. We may make changes to these Terms from time to time
as reasonably required to comply with applicable law or regulation. If we make
changes, we will post the amended Terms at our website and update the “Last
Updated” date above. The amended Terms will be effective immediately. We may
assign our rights and obligations under these Terms. Our failure to exercise or
enforce any right or provision of these Terms will not operate as a waiver of
such right or provision. We will 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.
Using K9 Tokens from us does not create any form of partnership, joint venture
or any other similar
relationship between you and us. Except as otherwise provided herein, these
Terms are intended solely for the benefit of you and us and are not intended to
confer third-party beneficiary rights upon any other person or entity. You agree
and acknowledge that all agreements, notices, disclosures, and other
communications that we provide to you, including these Terms, will be provided
in electronic form.
Waiver
The parties hereto agree to a uniform waiver of any and all claims in equity,
contract, or criminal, against one another weather known, unknown, or
anticipated.
Assignment
The user may not assign this agreement under any circumstances. K9 may assign it
to a third party or other corporation by providing written notice to the other
party.
TERMS OF SERVICE FOR SITE, WALLET AND USE OF NETWORK SERVICES
These additional Terms of Service and Use (Hereinafter " Exhibit A Terms" or
"Terms of Service") are made between you (Hereinafter the “User” or “you”) and
K9 (Hereinafter “K9 ”, “we”, “us” or “The Group”) (Hereinafter collectively
called “The Parties”). By engaging with or using the www.starK9
.com (the “Site”), Use ofK9 Tokens, or utilizing any of K9 services, you are
deemed to have accepted these Terms of Service. If you do not agree with these
Terms of Service or any of the clauses contained within, you should no longer
continue using the K9 website or any social media pages.
PREAMBLE
K9 may provide an online feature known as the Wallet ( Hereinafter the “Wallet”)
which allows Users to transfer the ownership of digital assets, or other
cryptographically secured K9 Tokens ( Hereinafter “K9 Tokens”) over blockchain
or distributed ledger technology (“DLT”) - For the avoidance of doubt these are
sometimes colloquially referred to as “cryptocurrencies.” The User wishes to use
the Wallet, change ownership of K9 Tokens, or use any of the other services
provided by K9 (Hereinafter “the Services”). In doing so the User agrees to be
bound to these Terms of Service. This agreement is made in good faith between
the parties.
In order for the User to access or use any of the services provided by K9 , it
is required that You first accept and comply with these Terms. For the avoidance
of doubt these Terms of Service apply to all visitors, users and any other party
who accesses or uses either any of our Services or the Website. They govern the
relationship between you and K9 and you should take time to read them carefully.
All references to the term K9 or Group also include its directors, members,
shareholders, officers, agents, employees, or contractors working on their
behalf.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service.
ELECTRONIC ACCEPTANCE
Pursuant to the Electronic Signature laws, you are deemed to accept these terms
with your continued use of our website and any of our Services.
We will provide notice of any amendment to these Terms by posting any revised
terms to the site and updating the “Last updated” field above accordingly or by
any other method we deem appropriate. We are not obligated to provide notice in
any other method beyond these. Any change to these Terms will be effective
immediately upon such notice and apply to any ongoing or subsequent use of the
Site, Services, or Wallet.
RELATIONSHIP
At no time are these Terms of Service designed to create a Partnership. The User
and K9 are entering into this agreement and at no time does it constitute the
creation of a partnership, agency, or other business relationship in which the
Parties can legally bind each other.
QUALIFICATIONS OF USER IN ORDER TO USE THE SITE
The User represents and warrants they are at least eighteen (18) years of age,
are legally entitled to use the internet and services like those provided by K9
(according to the Republic of Singapore and any relevant jurisdiction in which
you reside), and have not had your right to use our service previously suspended
or revoked by us.
ILLEGAL AND PROHIBITED USE
The User represents and warrants that they will not use the Site, Coin, Network
or Wallet for any criminal, illegal, or otherwise prohibited use, including (but
not limited to) activities related to money laundering, drugs trafficking, human
trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion.
The User further represents and warrants that they will not use K9 Services or
Wallet to assist any other party in activities which are not compatible with
their domestic or international civil or criminal laws.
From time to time as required by various Money Laundering regulations and
regulatory bodies the User may be required to provide identification documents
associated with them in order to prove identification or ownership of banking
facilities. In the event that K9 is required to examine personal information
relating to a User, K9 reserves the right to suspend or pause the User account
until such time as they have reasonably identified themselves or ownership of
banking facility.
During such suspension time the User will not be able to access any K9 Tokens or
Funds already deposited in their account or Wallet.
Identification documents that are accepted include government issued ID and
Certified Banking Documentation provided by your banking or financial
institution.
At all times the User agrees to indemnify and hold harmless K9 for any claims or
causes of action arising from or out of any investigation or enquiries made from
any government or extra-governmental body responsible for financial regulatory
conduct that holds jurisdiction over the User.
The User represents and warrants that they will in no way use the Wallet or
Services to: distribute spam, junk communications or chain letters; reverse
engineer or otherwise improperly access any of the Site’s or the Wallet’s
underlying code or technical mechanisms; cause damage to the Site or K9
through any means, including, but not limited to, through the use of hacking,
malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL
exploits, or any other method of detrimentally intercepting, interrupting, or
damaging any information or functionality related to the Site. You also agree
not to transfer access to your Account (as defined below) or any other rights
granted to you by these Terms.
REGISTRATION AND ACCOUNT
In order to use our Services you are first required to create an account with K9
(“Account”).
During the registration process you may be asked questions about yourself. This
information is used in order to determine if you are eligible for an Account.
You warrant and agree that all information provided when creating an Account is
current, complete, and accurate.
The User will promptly notify K9 of any changes to any information that would
cause the information provided upon your Account’s creation to no longer be
current, complete or accurate.
The User also expressly agrees that no Account will be created until such time
as they have successfully confirmed their identity and satisfied K9 that they
are who they claim to be during registration. This includes all personal and
contact information such as email address and contact number.
You agree that you exclusively will access and use your Account, and may not
transfer the right of its use or disclose any log-in credentials to a third
party without our written consent. You agree to take full responsibility for any
activity that occurs through the use of your account, and cannot transfer this
obligation to any third party. You agree to notify K9 in the event that you
discover or suspect any security breaches or vulnerabilities related to the
Site, Services or Wallet.
Each User is responsible for their own account, They are not to share passwords
or identifying information with any other party.
No accounts are to be created by Agents acting on behalf of another party. Each
User is only to have one account.
NOTICE: USERS IN SANCTIONED COUNTRIES MAY NOT USE K9 TOKENS.
Limitation of Liability
The User hereby warrants and agrees that K9 is not responsible whatsoever for
any damages caused by the interception, loss or alteration to any information
sent over the internet.
While K9 will take reasonable steps to ensure the security and privacy of any
information transmitted during your use of our Services, in no event will any
such information be considered “confidential” or will its disclosure to a third
party, accidental or otherwise, cause liability against K9 Tokens , even if it
occurs as a result of our negligence.
The use of K9 Services is undertaken “at risk” meaning that K9 will hold no
responsibility toward the User, or any third party, for any actual or
anticipated loss resulting from the use of Services. K9 takes every reasonable
precaution to prevent and mitigate attacks. However, these problems still may
occur
from time to time for reasons that are out of our control.
If K9 believes a Token active in the Wallet has been compromised or is under
attack, K9 reserves the right to immediately stop all Services related to such
Coin. If it is determined that such an attack caused an associated K9 Tokens to
rapidly lose value or otherwise cause or threaten to cause damage to the Wallet,
the Site, or other users, K9 Tokens may immediately discontinue all activity
regarding such K9 Tokens entirely at its discretion.
Resolution concerning deposits, withdrawals, account balances, services or other
disputes related to an attacked K9 Tokens will be determined on a case-by-case
basis.
K9 makes no representation and does not warrant the safety of the Wallet and is
not liable for any lost value or stolen property, regardless of whether K9 was
negligent in providing appropriate security.
K9 , its members, freelancers, or anyone working on their behalf hold no
liability to the client for any actual or anticipatory damages from breach of
this contract.
MUTUAL RELEASE
By this Agreement each party hereto releases the other party hereto from all
claims, demands, damages, rights, liabilities, and causes of action of any
nature whatsoever, whether at law or equity, known or unknown, suspected or
unsuspected, which are related or in any manner incidental to the Lease and
which first arise out of transactions and occurrences from and after the
Termination Date. Each party waives and relinquishes any right or benefit which
it has or may have under applicable law regarding waiver of unknown claims to
the full extent that it may lawfully waive such rights and benefits. In
connection with such waiver and relinquishment, each party acknowledges that it
is aware that it or its lawyers or accountants may hereafter discover facts in
addition to or different from those which it now knows or believes to exist with
respect to the subject matter of this Agreement or the other party hereto but
that is such parties intention hereby fully, finally, and forever to settle and
release all of the claims, disputes, and differences, known or unknown,
suspected or unsuspected, which now exist or may exist hereafter between each
party.
Nothing contained in this section will remove the right of K9 to recover unpaid
sums due for their performance under this contract and any costs associated with
the recovery of that sums owed to them by the User.
K9 Does Not Provide Legal, Financial or Investing Advice
At no time does K9 provide any legal, financial, investing advice and any
publicised, provided, or referred to information or publications should not be
considered as such.
K9 documents, site or services are not any other kind of specialized or expert
advice on which the User might detrimentally depend, causing liability against
K9 . In using the Wallet, you represent and warrant that you have sought any
legal, financial, investment or otherwise specialized advice from an expert
qualified to provide such counsel, or else you have the sufficient knowledge and
sophistication to evaluate the risks and merits associated with Blockchain
and/or K9 Tokens management and offerings and to competently use our Services.
We give no warranty regarding the suitability of any K9 Tokens or other assets
acquired using our Wallet and assume no fiduciary duties to you.
The User represents and warrants the understanding that any recommendations or
commentary made by K9 or its employees or other users should be considered
generalised in nature, and you should use your own judgement or seek the advice
of an expert before taking any action regardless of such statement. We give no
assurance as to the accuracy or completeness of any such statement.
At all times the User agrees to undertake their own due diligence regarding the
use of online digital Wallets and K9 Tokens before engaging in any of the
Services provided by K9 .
INVESTMENT NOTICE
AT NO TIME IS THE Use OF K9 TOKENS AN INVESTMENT. THE Use OF K9 TOKENS IS A
TRANSACTION AND DOES NOT AMOUNT TO OWNERSHIP, LENDING, OR CASH STYLE
INVESTMENTS. K9 Tokens IS NOT REGULATED BY ANY FINANCIAL BODY AND DOES NOT
PROVIDE INVESTMENT OPPORTUNITIES, ADVICE, OR OPTIONS.
K9 IS NOT PROVIDING AN INVESTMENT OPPORTUNITY.
License
We grant you a limited, nonexclusive, nontransferable license (“License”) to
access our network and use our Wallet, box, Site and Services.
This License is subject to these Terms. Any other use of the Services not
expressly permitted by these Terms is prohibited. All other rights in the Wallet
are reserved by K9 and our licensors, including that to any content or
functionality as presented on the Site or the Wallet. “K9 Tokens ,” and all
logos related to Services or displayed on the Site are registered marks of K9 or
its affiliates.
You will not redistribute, claim ownership, license, deconstruct, reverse
engineer, alter, incorporate into any other works or websites, or otherwise
exploit any such content or functionality without prior express written consent
of K9 .
TERMINATION
We may terminate or suspend your License to use our Services without prior
notice or liability for any reason whatsoever, including (but not limited to)
breaching of these Terms. Nothing in these terms or in any other communication
or action by K9 or our employees, agents or representatives should be taken as a
waiver of any legal remedies available for any event causing termination.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including (but not limited to) ownership provisions,
disclaimers or limitations of obligations or liability, and indemnity.
ASSIGNMENT
K9 reserves the right to assign this agreement or any part hereto to a third
party without the written consent of the User.
Any assignment will be notified to the User by email prior to the assignment of
these Terms of Service.
LINKS TO OTHER WEB SITES
K9 or other users may provide links to third-party web sites or services that
are not owned or controlled by K9 . K9 has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third
party web sites or services.
You further acknowledge and agree that K9 shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or detrimental reliance on any information,
content, goods or services available on or through any such web sites or
services. K9 is not liable for any loss or damage incurred as a result of
interacting with any third party content on our Site.
The owners of this website and the Group cannot guarantee or verify the contents
of any externally linked website despite their best efforts. Users should
therefore note they click on external links at their own risk and this website
and its owners cannot be held liable for any damages or implications caused by
visiting any external links mentioned.
This website may contain sponsored links and adverts. These will typically be
served through our advertising partners, to whom may have detailed privacy
policies relating directly to the adverts they serve.
Clicking on any such adverts will send you to the advertisers website through a
referral program which may use cookies and will track the number of referrals
sent from this website. This may include the use of cookies which may in turn be
saved on your computer's hard drive. Users should therefore note they click on
sponsored external links at their own risk and this website and its owners
cannot be held liable for any damages or implications caused by visiting any
external links mentioned.
The owners of this website and the Group cannot guarantee or verify the contents
of any externally linked website despite their best efforts. Users should
therefore note they click on external links at their own risk and this website
and its owners cannot be held liable for any damages or implications caused by
visiting any external links mentioned.
USE OF COOKIES
This website uses cookies to better the users experience while visiting the
website. Where applicable this website uses a cookie control system allowing the
user on their first visit to the website to allow or disallow the use of cookies
on their computer / device. This complies with recent legislation requirements
for websites to obtain explicit consent from users before leaving behind or
reading files such as cookies on a user's computer / device.
Cookies are small files saved to the user's computer's hard drive that track,
save and store information about the user's interactions and usage of the
website. This allows the website, through its server to provide the users with a
tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from
this website onto their computers hard drive they should take necessary steps
within their web browsers security settings to
block all cookies from this website and its external serving vendors.
This website uses tracking software to monitor its visitors to better understand
how they use it. The software will save a cookie to your computer's hard drive
in order to track and monitor your engagement and usage of the website, but will
not store, save or collect personal information. You can read our privacy policy
on our website for further information.
Other cookies may be stored to your computer's hard drive by external vendors
when this website uses referral programs, sponsored links or adverts. Such
cookies are used for conversion and referral tracking and typically expire after
30 days, though some may take longer. No personal information is stored, saved
or collected.
CONTACT AND COMMUNICATION
Users contacting this website and/ or The Group do so at their own discretion
and provide any such personal details requested at their own risk.
Your personal information is kept private and stored securely until a time it is
no longer required or has no use, as detailed in the Data Protection Act. Every
effort has been made to ensure a safe and secure form to email submission
process but advise users using such form to email processes that they do so at
their own risk.
This website and its owners use any information submitted to provide you with
further information about the products / services they offer or to assist you in
answering any questions or queries you may have submitted.
This includes using your details to subscribe you to any email newsletter
program the website operates but only if this was made clear to you and your
express permission was granted when submitting any form to email process. Or
whereby you the consumer have previously Used from or enquired about Use offrom
the Group a product or service that the email newsletter relates to. This is by
no means an entire list of your user rights in regard to receiving email
marketing material. Your details are not passed on to any third parties.
In sending the Group or the website your personal information you are consenting
to allow the Group to contact you subject to the above conditions. Any data held
by the Group relating to individuals will be stored and destroyed once a period
of 12 months of no communication has occurred between The User and The Group.
The Group will never knowingly or willingly pass information it holds on Users
(For clarity this includes: clients, prospects, or website users) onto a third
party without the consent of the said user.
EMAIL COMMUNICATIONS
From time to time The Group operates an email newsletter program, used to inform
subscribers about products and services supplied by this website. Users can
subscribe through an online automated process should they wish to do so but do
so at their own discretion. Some subscriptions may be manually processed through
prior written agreement with the user.
All personal details relating to subscriptions are held securely and in
accordance with the Data
Protection laws. No personal details are passed on to third parties nor shared
with companies / people outside of the Group that operates this website.
Under the Data Protection Act you may request a copy of personal information
held about you by this website's email newsletter program. A small fee will be
payable. If you would like a copy of the information held on you please write to
us using the contact details contained on the website.
Email marketing campaigns published by this website or its owners may contain
tracking facilities within the actual email. Subscriber activity is tracked and
stored in a database for future analysis and evaluation. Such tracked activity
may include; the opening of emails, forwarding of emails, the clicking of links
within the email content, times, dates and frequency of activity [this is by no
far a comprehensive list].
This information is used to refine future email campaigns and supply the user
with more relevant content based around their activity.
In compliance with international spam Laws and the Privacy and the European
Electronic Communications Regulations 2003 subscribers are given the opportunity
to un-subscribe at any time through an automated system. This process is
detailed at the footer of each email campaign. If an automated un-subscription
system is unavailable clear instructions on how to un-subscribe will by detailed
instead.
COPYRIGHT OF COMMUNICATIONS IN CONNECTION WITH OUR SERVICES
You agree that any materials, information or communications transmitted between
the User and K9 in any form, or between the User and any other K9 user via our
Wallet, are non-confidential and will become the sole, exclusive property of K9
.
K9 will own all intellectual property rights to such communications or
materials, and can use or disseminate them in a completely unrestricted fashion
for any legal purpose, commercial or otherwise, without notifying or
compensating you. You hereby waive any right to litigation or recovery for
perceived damages caused by the use of this information as is permissible by
law.
K9 is a brand logo used by companies under license. You are not entitled to use
that name, logo, or any associated image with the K9 brand without the express
written permission of the Group or any K9 Group.
SOCIAL MEDIA PLATFORMS
Communication, engagement and actions taken through external social media
platforms that this website, the Group, and its owners participate on are custom
to the terms and conditions as well as the privacy policies held with each
social media platform respectively.
Users are advised to use social media platforms wisely and communicate / engage
upon them with due care and caution in regard to their own privacy and personal
details. This website nor its owners will ever ask for personal or sensitive
information through social media platforms and encourage users wishing to
discuss sensitive details to contact them through primary communication channels
such as by telephone or email.
This website may use social sharing buttons which help share web content
directly from web pages to the social media platform in question. Users are
advised before using such social sharing buttons that they do so at their own
discretion and note that the social media platform may track and save your
request to share a web page respectively through your social media platform
account.
The Group holds responsibility for any and all comments, posts or any other
action taken on social media belonging to the Group. Social media can easily be
identified as belonging to the Group by the name of the account on the relevant
social media platform. Any and all comments and actions made on social media are
not intended to cause offense or serve as a defamatory action. Each and every
posting will be checked for accuracy.
If you believe your intellectual property rights, personal rights, or any other
rights have been infringed by any action on social media you are to notify the
Group as soon as possible so that the Group has an opportunity to rectify and/or
remove the post.
REPUTATION
The User shall do nothing to bring K9 , its members, directors, shareholders, or
any part belonging thereto into disrepute or dispute.
At all times the User shall be an ambassador of K9 and act within its best
interests. They shall do nothing to harm the Group, its members, shareholders,
or anyone associated with it.
The User shall report and notify K9 of any unwanted, unreasonable, bad, or
negative outcomes as to their use of the Website or Services.
INDEMNIFICATION
You agree to indemnify, exculpate and hold K9 , its representatives, affiliates,
employees and service providers harmless from any claim or demand permissible by
law arising out of or related to the use of these Services, including any breach
by you of these Terms or violation of any law, rule, or rights of a third party.
You agree to pay for any legal fees or other costs that incurred K9 or any other
indemnified parties as a result of your actions.
DISCLAIMER OF WARRANTS AND GUARANTEES
K9 does not guarantee any level of performance or the continued, uninterrupted
availability of our Services. We do not guarantee the accuracy of any
information provided on the Site. We hereby disclaim all warrants and guarantees
that not expressly made in these Terms.
APPLICABLE LAW AND VENUE
The validity, interpretation, construction and performance of these Terms, and
all acts and transactions pursuant hereto and the rights and obligations of the
parties hereto shall be governed, construed and interpreted in accordance with
the laws of the Republic of Singapore, without giving effect to principles of
conflicts of law.
The laws of the Republic of Singapore shall apply to this contract and the
courts of The Republic of Singapore shall hold exclusive jurisdiction over any
dispute arising from them.
ARBITRATION
As set forth elsewhere among these Terms and Conditions, the parties agree to
binding arbitration. Except for any disputes, claims, suits, actions, causes of
action, demands or proceedings (collectively, “Disputes”) in which either Party
seeks to bring an individual action in small claims tribunals or seeks
injunctive or other equitable relief for the alleged unlawful use of
intellectual property, including, without limitation, copyrights, trademarks,
trade names, logos, trade secrets or patents, you and the Group
1. waive your and the Group’s respective rights to have any and all Disputes
arising from or related to these Terms resolved in a court, and
1. waive your and the Group’s respective rights to a jury trial. Instead, you
and the Group will arbitrate Disputes through binding arbitration (which is
the referral of a Dispute to one or more persons charged with reviewing the
Dispute and making a final and binding determination to resolve it instead
of having the Dispute decided by a judge or jury in court).
NO CLASS ARBITRATION, CLASS ACTION OR REPRESENTATIVE ACTIONS
Any Dispute arising out of or related to this Agreement is personal to you and
the Group and will be resolved solely through individual arbitration and will
not be brought as a class arbitration, class action or any other type of
representative proceeding. There will be no class arbitration or arbitration in
which an individual attempts to resolve a Dispute as a representative of another
individual or group of individuals. Further, a Dispute cannot be brought as a
class or other type of representative action, whether within or outside of
arbitration, or on behalf of any other individual or group of individuals.
As agreed throughout these Terms, any Dispute shall be referred to and finally
resolved by arbitration administered by an Arbitration body located within the
Republic of Singapore and conducted in accordance with the Commercial Code Act
for the time being in force, which rules are deemed to be incorporated by
reference in this clause. The seat of the arbitration shall be the Singapore.
The Tribunal shall consist of either one (1) or three (3) arbitrator(s). The
language of the arbitration shall be English applying the laws of the Republic
of Singapore.
NOTICES
Any notices relating to these Terms of Service are to be sent to the Group via
email found on our website.
SURVIVAL AND SEVERABILITY
Any portion of these Terms that reasonably should survive the termination of
your License or any other agreement is hereby agreed to do so. If any provision
of these terms is deemed illegal, invalid or otherwise invalid for any reason,
then that provision will be severed and the rest of these Terms will remain
intact and enforceable.
INTEGRATION
Our failure to exercise or enforce any rights or provisions of these Terms does
not constitute a waiver
of those rights or provisions. These Terms represent the entire and complete
agreement between the User and K9 , including any future modification of these
Terms, superseding any prior agreements or communications between you and us.
Any ambiguities in these Terms shall be construed in the light most favourable
to K9 .
ACT OF GOD
K9 ' performance under these Terms shall be excused if the failure of such
performance is caused by forces beyond its reasonable control. This includes
(but is not limited to) acts of God, acts of any government, war or civil
unrest, severe weather, fire, natural disasters, political embargoes, terrorism,
power or equipment failure, industrial or labor disputes or controversies, acts
of any third party, or blockchain failures. Thus K9 is not liable for failure to
perform solely caused by unavoidable force majeure casualty, acts by common
carriers, emergency conditions, or any similar unforeseen event that renders
performance commercially implausible.
If such an event of force majeure occurs, the party injured by the other’s
inability to perform may elect to suspend the Agreement, in whole or part, for
the duration of the force majeure circumstances. The party experiencing the
force majeure circumstances shall cooperate with and assist the injured party in
all reasonable ways to minimize the impact of force majeure on the injured
party.
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Certain Risk Factors Relating to Use, Acquisition and Use of K9 Tokens
Important Note: As noted elsewhere in these Terms, the K9 Tokens are not being
structured or sold as securities or any other form of investment product.
Accordingly, none of the information presented in this Exhibit C is intended to
form the basis for any investment decision, and no specific recommendations are
intended. Group expressly disclaims any and all responsibility for any direct or
consequential loss or damage of any kind whatsoever arising directly or
indirectly from: (i) reliance on any information contained in this Exhibit C,
(ii) any error, omission or inaccuracy in any such information or (iii) any
action resulting from such information.
By purchasing, holding and using K9 Tokens, you expressly acknowledge and assume
the following risks:
RISK OF LOSING ACCESS TO K9 TOKENS DUE TO LOSS OF PRIVATE KEY(S)
A private key, or a combination of private keys, is necessary to control and
dispose of K9 Tokens stored in your digital wallet. Accordingly, loss of
requisite private key(s) associated with your digital wallet storing K9 Tokens
will result in loss of such K9 Tokens. Moreover, any third party that gains
access to such private key(s), including by gaining access to login credentials
of a hosted wallet service you use, may be able to misappropriate your K9
Tokens.
RISKS ASSOCIATED WITH THE PROTOCOL
Because K9 Tokens and the Network are based on blockchain protocol(s0, any
malfunction, breakdown or abandonment of the protocol may have a material
adverse effect on the Network or K9 Tokens. Moreover, advances in cryptography,
or technical advances such as the development of quantum
computing, could present risks to the K9 Tokens and the Network by rendering
ineffective the cryptographic consensus mechanism that underpins the Blockchain
protocol.
RISK OF MINING ATTACKS
As with other decentralized cryptographic K9 Tokens based on the Blockchain
protocol, the K9 Tokens are susceptible to attacks by miners in the course of
validating K9 transactions on the Blockchain blockchain, including, but not
limited, to double-spend attacks, majority mining power attacks, and
selfish-mining attacks. Any successful attacks present a risk to the Network and
the K9 Tokens, including, but not limited to, accurate execution and recording
of transactions involving K9 Tokens.
RISK OF HACKING AND SECURITY WEAKNESSES
Hackers or other malicious groups or organizations may attempt to interfere with
the Network or the K9 Tokens in a variety of ways, including, but not limited
to, treasury vulnerability, malware attacks, denial of service attacks,
consensus-based attacks, man in the middle, Sybil attacks, smurfing and
spoofing. Furthermore, because the Network is based on open-source software,
there is a risk that a third party or a member of the Group team may
intentionally or unintentionally introduce weaknesses into the core
infrastructure of the Network, which could negatively affect the Network and the
K9 Tokens.
Hackers or other groups or organizations may attempt to steal revenue or Tokens,
thus potentially impacting the ability of both K9 and K9 to develop the K9
network and Tokens, including the ability to operate the Network. To account for
this risk, K9 has and will continue to implement comprehensive security
precautions to safeguard the proceeds obtained from the exchange of K9 Tokens.
Multi-factor security measures will be taken to protect all currencies and
proceeds including physical elements, algorithms, multisignature keys,
anti-spear-phishing procedures, splitting of funds, hot/cold wallet partitioning
and diversification. Moreover, regular security audits of hot and cold wallets
will be conducted by internal and external teams. As acknowledged, there is
always a risk that the K9 Team, or other third parties not directly affiliated
with the Parties, may intentionally or unintentionally introduce weaknesses or
bugs into the core infrastructural elements of the K9 Platform causing the
system to lose K9 Tokens stored in one or more User accounts or other accounts
or lose sums of other valued K9 Tokens issued on the K9 Platform.
K9 has taken steps to build, maintain, and secure the infrastructure of the K9
Platform, and will continue to do so. K9 intends to hire external consultants on
a periodic basis to assess and audit the security of the K9 Platform and will
work with cryptography and security experts to develop and employ best practices
to audit the Platform. As acknowledged by both parties, advances in code
cracking, or technical advances such as the development of quantum computers,
could present risks to cryptocurrencies and the K9 Tokens Platform, which could
result in the theft or loss of K9 Tokens or other valuable assets. To the extent
possible, K9 intends to update the protocol underlying the K9 Platform to
account for any advances in cryptography and to incorporate additional security
measures, but it cannot predict the future of cryptography or the success of any
future security updates. As with other cryptocurrencies, the blockchain used for
the K9 Platform is susceptible to mining attacks, among others. Any successful
attacks present a risk to the Blockchain Platform generally, and the K9 network
specifically, effecting expected proper execution and sequencing of K9 Tokens
transactions, and expected proper execution and sequencing of contract
computations, as well as other potential losses identified here as risk factors,
in addition to those unidentified or unexpected. The Use of K9 Tokens
carries with these significant risks. Prior to Use ofK9 Tokens, the User should
carefully consider the risks herein identified, and, to the extent necessary,
consult experts of your choosing ( cryptographic and cyber security specialists,
lawyers, accountants, and/or other professionals) prior to determining whether
to Use K9 Tokens.
RISKS ASSOCIATED WITH MARKETS FOR K9 TOKENS
K9 Tokens are intended to be used solely within the Network, and Group will not
support or otherwise facilitate any secondary trading or external valuation of
K9 Tokens. This restricts the contemplated avenues for using K9 Tokens to the
provision or receipt of Services, and could therefore create illiquidity risk
with respect to the K9 Tokens you hold. Even if secondary trading of K9 Tokens
is facilitated by third party exchanges, such exchanges may be relatively new
and subject to little or no regulatory oversight, making them more susceptible
to fraud or manipulation.
Furthermore, to the extent that third parties do ascribe an external exchange
value to K9 Tokens (e.g., as denominated in a digital or fiat currency), such
value may be extremely volatile and diminish to zero.
RISK OF UNINSURED LOSSES
Unlike bank accounts or accounts at some other financial institutions, K9 Tokens
are uninsured unless you specifically obtain private insurance to insure them.
Thus, in the event of loss or loss of utility value, there is no public insurer,
such as the Deposit Insurance Corporation, or private insurance arranged by us,
to offer recourse to you.
RISKS ASSOCIATED WITH UNCERTAIN REGULATIONS AND ENFORCEMENT ACTIONS
The regulatory status of the K9 Tokens and distributed ledger technology is
unclear or unsettled in many jurisdictions. It is difficult to predict how or
whether regulatory agencies may apply existing regulation with respect to such
technology and its applications, including the Network and the K9 Tokens. It is
likewise difficult to predict how or whether legislatures or regulatory agencies
may implement changes to law and regulation affecting distributed ledger
technology and its applications, including the Network and the K9 Tokens.
Regulatory actions could negatively impact the Network and the K9 Tokens in
various ways, including, for purposes of illustration only, through a
determination that K9 Tokens are a regulated financial instrument that require
registration or licensing. Group may cease operations in a jurisdiction in the
event that regulatory actions, or changes to law or regulation, make it illegal
to operate in such jurisdiction, or commercially undesirable to obtain the
necessary regulatory approval(s) to operate in such jurisdiction.
RISKS ARISING FROM TAXATION
The tax characterization of K9 Tokens is uncertain. You must seek your own tax
advice in connection with Use ofK9 Tokens, which may result in adverse tax
consequences to you, including withholding taxes, income taxes and tax reporting
requirements.
RISK OF ALTERNATIVE NETWORKS
It is possible that alternative networks could be established that utilize the
same open source code and
protocol underlying the Network and attempt to facilitate services that are
materially similar to the Services. The Network may compete with these
alternative networks, which could negatively impact the Network and K9 Tokens.
RISK OF INSUFFICIENT INTEREST IN THE NETWORK OR DISTRIBUTED APPLICATIONS
It is possible that the Network will not be used by a large number of
individuals, companies and other entities or that there will be limited public
interest in the creation and development of distributed ecosystems (such as the
Network) more generally. Such a lack of use or interest could negatively impact
the development of the Network and therefore the potential utility of K9 Tokens.
RISKS ASSOCIATED WITH THE DEVELOPMENT AND MAINTENANCE OF THE NETWORK
The Network is still under development and may undergo significant changes over
time. Although we intend for the K9 Tokens and Network to follow the
specifications set forth in our Terms and Conditions, and throughout or site,
and intend to take commercially reasonable steps toward those ends, we may have
to make changes to the specifications of the K9 Tokens or Network for any number
of legitimate reasons.
This could create the risk that the K9 Tokens or Network, as further developed
and maintained, may not meet your expectations at the time of Use. Furthermore,
despite our good faith efforts to develop and maintain the Network, it is still
possible that the Network will experience malfunctions or otherwise fail to be
adequately developed or maintained, which may negatively impact the Network and
K9 Tokens.
RISK OF AN UNFAVORABLE FLUCTUATION OF CURRENCY VALUE
The Group team intends to use the proceeds from the use of K9 Tokens to fund the
maintenance and development of the Network. The proceeds of the K9 Token
transactions, including pools, staking, or reserve Tokens can be used by K9 at
any time to further enhance the K9 Token. We reserve the right to sell K9 tokens
at any time that is required in order to meet the objectives of the Group.
RISK OF DISSOLUTION OF THE GROUP OR NETWORK
It is possible that, due to any number of reasons, including, but not limited
to, an unfavorable fluctuation in the value of cryptographic and fiat
currencies, decrease in the K9 Tokens’ utility, the failure of commercial
relationships, or intellectual property ownership challenges, the Network may no
longer be viable to operate and the Group may dissolve.
RISKS ARISING FROM LACK OF GOVERNANCE RIGHTS
Because K9 Tokens confer no governance rights of any kind with respect to the
Network or Group or its corporate affiliates, all decisions involving the
Network or Group will be made by Group at its sole discretion, including, but
not limited to, decisions to discontinue the Network, to create and sell more K9
Tokens for use in the Network, or to sell or liquidate the Group. These
decisions could adversely affect the Network and the K9 Tokens you hold.
RISKS INVOLVING CLOUD STORAGE
As the Group provides services to individual and institutional clients,
including users and applications
which involves data storage to some extent, the Services are susceptible to a
number of risks related to the storage of data in the cloud. While the Group
does not have access to the contents of the data stored through the Services,
the Services may involve the storage of large amounts of sensitive and/or
proprietary information, which may be compromised in the event of a cyber-
attack or other malicious activity. Similarly, the Services may be interrupted
and files may become temporarily unavailable in the event of such an attack or
malicious activity. Because users can use a variety of hardware and software
that may interface with the Network, there is the risk that the Services may
become unavailable or interrupted based on a failure of interoperability or an
inability to integrate these third- party systems and devices that the Group
does not control with the Group’s Services. The risk that the Services may face
increasing interruptions and the Network may face additional security
vulnerabilities could adversely affect the Network and therefore the future
utility of any K9 Tokens that you hold.
UNANTICIPATED RISKS
Cryptographic K9 Tokens such as these K9 Tokens are a new and untested
technology. In addition to the risks included in this Exhibit C, there are other
risks associated with your Use, holding and use of K9 Tokens, including those
that the Group cannot anticipate. Such risks may further materialize as
unanticipated variations or combinations of the risks discussed in this Exhibit
C.
CONTACT US
If you have any questions about these Terms or the Conditions and Disclaimers as
set forth herein and in the attached Exhibits, please contact us at our website
Disclaimer: All information contained herein is accurate at the time of
publishing.
PRIVACY POLICY AND WEBSITE TERMS
This privacy policy is for this website and any services provided through the
ordinary course of business. Our website is (k9finance.com) (“The Website”) and
is owned and operated by (K9 Finance Foundation) Inc. (“The Company”). This
policy governs the privacy of both users who choose to use our website or engage
with any of our services for both with and without consideration (“Users”).
The policy sets out the different areas where user privacy is concerned and
outlines the obligations & requirements of the users, the website and The
Company. Furthermore the way this website and company processes, stores and
protects user data and information will also be detailed within this policy.
1. THE WEBSITE
1.1 This website and its owners take a proactive approach to user privacy and
ensure the necessary steps are taken to protect the privacy of its users
throughout their visiting experience. This website complies to all international
national laws and requirements for user privacy.
1.2 For the avoidance of doubt the website and all company data is hosted,
stored and maintained within the continent of Asia.
2. USE OF COOKIES
2.1 This website uses cookies to better the users experience while visiting the
website. Where applicable this website uses a cookie control system allowing the
user on their first visit to the website to allow or disallow the use of cookies
on their computer / device. This complies with recent legislation requirements
for websites to obtain explicit consent from users before leaving behind or
reading files such as cookies on a user's computer / device.
2.2 Cookies are small files saved to the user's computers hard drive that track,
save and store information about the user's interactions and usage of the
website. This allows the website, through its server to provide the users with a
tailored experience within this website.
2.3 Users are advised that if they wish to deny the use and saving of cookies
from this website on to their computers hard drive they should take necessary
steps within their web browsers security settings to block all cookies from this
website and its external serving vendors.
2.4 This website uses tracking software to monitor its visitors to better
understand how they use it. This software is provided by Google Analytics which
uses cookies to track visitor usage. The software will save a cookie to your
computers hard drive in order to track and monitor your engagement and usage of
the website, but will not store, save or collect personal information. You can
read Google's privacy policy here for further information
http://www.google.com/privacy.html
2.5 Other cookies may be stored to your computers hard drive by external vendors
when this website uses referral programs, sponsored links or adverts. Such
cookies are used fo conversion and referral tracking and typically expire after
30 days, though some may take longer. No personal information of any kind is
stored, saved or collected.
3. CONTACT & COMMUNICATION
3.1 Users contacting this website and/ or The Company do so at their own
discretion and provide any such personal details requested at their own risk.
Your personal information is kept private and stored securely until a time it is
no longer required or has no use, as detailed in the Data Protection Laws. Every
effort has been made to ensure a safe and secure form to email submission
process but advise users using such form to email processes that they do so at
their own risk.
3.2 This website and its owners use any information submitted to provide you
with further information about the products / services they offer or to assist
you in answering any questions or queries you may have submitted.
3.3 This includes using your details to subscribe you to any email newsletter
program the website operates but only if this was made clear to you and your
express permission was granted when submitting any form to email process. Or
whereby you the consumer have previously purchased from or inquired about
purchasing from the company a product or service that the email newsletter
relates to. This is by no means an entire list of your user rights in regard to
receiving email marketing material. Your details are not passed on to any third
parties.
3.4 In sending the company or the website your personal information you are
consenting to allow the company to contact you subject to the above conditions.
Any data held by the company relating to individuals will be stored and
destroyed once a period of 12 months of no communication has occurred between
The User and The Company.
3.5 The company will never knowingly or willingly pass information it holds on
Users (For clarity this includes: clients, prospects, or website users) onto a
third party without the consent of the said user.
4. EMAIL
4.1 From time to time The Company operates various email campaigns program, (at
all times we refer to these as a Newsletter Program) used to inform subscribers
about products and services supplied by this website. Users can subscribe
through an online automated process should they wish to do so but do so at their
own discretion. Some subscriptions may be manually processed through prior
written agreement with the user.
4.2 Subscriptions are taken in compliance with Spam Laws detailed in the
Privacy and Electronic Communications Regulations 2003. All personal details
relating to subscriptions are held securely and in accordance with the Data
Protection Laws. No personal details are passed on to third parties nor shared
with companies / people outside of the company that operates this website. Under
the Data Protection Laws you may request a copy of personal information held
about you by this website's email newsletter program. A small fee will be
payable. If you would like a copy of the information held on you please write to
the business address at the bottom of this policy.
4.3 Email marketing campaigns published by this website or its owners may
contain tracking facilities within the actual email. Subscriber activity is
tracked and stored in a database for future analysis and evaluation. Such
tracked activity may include; the opening of emails, forwarding of emails, the
clicking of links within the email content, times, dates and frequency of
activity [this is by no far a comprehensive list].
4.4 This information is used to refine future email campaigns and supply the
user with more relevant content based around their activity.
4.5 In compliance with EU Spam Laws and the Privacy and Electronic
Communications Regulations 2003, and GDPR subscribers are given the opportunity
to un-subscribe at any time through an automated system. This process is
detailed at the footer of each email campaign. If an automated un-subscription
system is unavailable clear instructions on how to un-subscribe will by detailed
instead.
4.6 At all times our email campaigns are run through third party providers such
as Mailchimp. Users are advised to refer to the specific terms and conditions
attached to these third party companies. Users can easily remove themselves from
any email communication by “unsubscribing”.
4.7 The Company holds no liability as to any damages or losses associated with
the use of any third party email service provider. In engaging with the company
or continuing use of the website you hereby expressly accept that the Company
holds no such liability
5. EXTERNAL LINKS
5.1 While ever effort has been made to include quality, safe and relevant
external links within this website, users are advised adopt a policy of caution
before clicking any external web links mentioned throughout this website.
(External links are clickable text / banner / image links to other websites)
5.2 The owners of this website and the company cannot guarantee or verify the
contents of any externally linked website despite their best efforts. Users
should therefore note they click on external links at their own risk and this
website and its owners cannot be held liable for any damages or implications
caused by visiting any external links mentioned.
6. ADVERTS AND SPONSORED LINKS
6.1 This website may contain sponsored links and adverts. These will typically
be served through our advertising partners, to whom may have detailed privacy
policies relating directly to the adverts they serve.
6.2 Clicking on any such adverts will send you to the advertisers website
through a referral program which may use cookies and will track the number of
referrals sent from this website. This may include the use of cookies which may
in turn be saved on your computers hard drive. Users should therefore note they
click on sponsored external links at their own risk and this website and its
owners cannot be held liable for any damages or implications caused by visiting
any external links mentioned.
6.3 The owners of this website and the company cannot guarantee or verify the
contents of any externally linked website despite their best efforts. Users
should therefore note they click on external links at their own risk and this
website and its owners cannot be held liable for any damages or implications
caused by visiting any external links mentioned.
7. SOCIAL MEDIA PLATFORMS
7.1 Communication, engagement and actions taken through external social media
platforms that this website, the company, and its owners participate on are
custom to the terms and conditions as well as the privacy policies held with
each social media platform respectively.
7.2 Users are advised to use social media platforms wisely and communicate /
engage upon them with due care and caution in regard to their own privacy and
personal details. This website nor its owners will ever ask for personal or
sensitive information through social media platforms and encourage users wishing
to discuss sensitive details to contact them through primary communication
channels such as by telephone or email.
7.4 This website may use social sharing buttons which help share web content
directly from web pages to the social media platform in question. Users are
advised before using such social sharing buttons that they do so at their own
discretion and note that the social media platform may track and save your
request to share a web page respectively through your social media platform
account.
7.5 The Company holds responsibility for any and all comments, posts or any
other action taken on social media belonging to the company. Social media can
easily be identified as belonging to the company by the name of the account on
the relevant social media platform. Any and all comments and actions made on
social media are not intended to cause offense or serve as a defamatory action.
Each and every posting will be checked for accuracy.
7.6 If you believe your intellectual property rights, personal rights, or any
other rights have been infringed by any action on social media you are to notify
the company as soon as possible so that the company has an opportunity to
rectify and/or remove the post.
8. SHORTENED LINKS IN SOCIAL MEDIA
8.1 This website and its owners through their social media platform accounts may
share web links to relevant web pages. By default some social media platforms
shorten lengthy domains and URL's to third party pages.
8.2 Users are advised to take caution and good judgement before clicking any
shortened urls published on social media platforms by this website and its
owners. Despite the best efforts to ensure only genuine urls are published many
social media platforms are prone to spam and hacking and therefore this website
and its owners cannot be held liable for any damages or implications caused by
visiting any shortened links.
9. Governing Law and Jurisdiction
9.1 This privacy policy and any and all items posted on behalf of the company
are strictly subject to the Laws of the Republic of Seychelles. Any disagreement
that arises under the use of personal information shall be resolved through the
Courts of the Republic of Seychelles.
9.2 The User, in using the website or engaging in social media belonging to the
company expressly agrees that they are accepting the terms of this privacy
policy.
9.3 Any disagreement and all notices are to be delivered to the company
registers office.
9.4 If any part of this policy is found to be defective, the remaining elements
of the policy shall remain in place.
9.5 The Company registered office and address for service can be found on the
website.
Special GDPR Notice
Citizens of the European Union have the right to track their data under the GDPR
regulations brought into force within 2018.
In using the company website you are hereby agreeing to the following terms and
give your consent for such data to be stored as contained in accordance with
this GDPR notice.
Data Control Officer
The data control officer is based at the company head quarters which can be
found in our Terms and Conditions document. You can reach the Data controller by
emailing the company at the contact@email address located on the company
website, or use the methods contained within the company website for contact
with us. We will aim to reply to you within 72 hours. You may request all
information and documentation held about you by the company.
Purpose of the processing.
The information is collected in the interest of Know Your Client and Anti Money
Laundering regulations. The company is allowing individuals to participate in a
crowdfunding exercise. Some jurisdictions do not allow its citizens and
residents to participate in such activities. We therefore are required to
collect basic information on those who participate to demonstrate, when
necessary, that citizens and residents of that jurisdiction did not participate
in the crowdfunding. The legal basis for this processing of data is found in
international law (different laws from different countries) including but not
limited to, The UK financial Services Act, The US Securities Legislation,
European Monetary laws and regulations (including those of its member states),
Chinese Financial Code, anti-money laundering laws, and antiterrorism laws.
Third Parties
Data may from time to time, be shared with third parties for the purposes of
conducting a Know Your Client assessment so that participants can prove their
location, residence, and citizenship. All parties that have access to your data
will be members of the necessary data controlling bodies of their respective
countries. For example, the Information Commissioners Office of the United
Kingdom.
Recipients of the Data
At all times our compliance team with Gresham International will have access to
the data. They are regulated by the Information Commissioners Office and will
not share that data with any third party.
Safeguards
Your data will never be shared with any third party without your consent or
court order provided by a court of competent jurisdiction within the country
making the request.
Retention Period
All data will be stored for a period of a minimum of six months and a maximum of
two years.
The Existence of your rights
Nothing within this agreement or the company’s process impacts your rights under
the GDPR.
The right to withdraw consent
You may, at any time, request the right to know what information is held by the
company relating to you. This request can only be made once as data is only
captured once during the registration and participation process.As the
information is required for anti-money laundering and antiterrorism laws, we are
obliged to keep any and all information relating to you. The right to lodge a
compliant Citizens of the EU may file a complaint with the relevant data
controller within their country. Complaints should first be made to the company
so that we can investigate any issues relating to the storage or use of your
data. Source of Data All data collected on you will be done so by your
submission of the information and collection of information from the machine you
access the website with. Data collection is limited to that contained in our
registration method and that information which your computer automatically
transmits to our company when accessing our site such as cookies and IP data.
Crypto Notices This Website and any of the features contained within are not
designed to be used by persons who are located in countries where
Cryptocurrencies or Digital Assets are designated as a type of security by any
administrator or regulator. This Website is built and administered as a portal
ONLY. It does not allow users to physically build, mint, or trade any type of
Digital Assets. As such, it does not operate as any type of service provider.
All of the information contained on this website is for information purposes
only and should not be used as any type of financial, investment or tax advance.
This website and its use is discretionary. As such, if you believe that
Cryptocurrencies are a security within the country where you are based, you
should not and will not use this website or any of the features contained on it.
For the advance of doubt this includes any and all assets which can be
identified (physical or digital or other). Any names referenced are owned by
their respective parties and we make no claim as to ownership of them. You may
not copy, duplicate or otherwise use this website for any way that it is not
intended. Including for purposes of money laundering, financing of terrorist
activities, or any way which can harm or damage people, persons or property. If
you are based within the United States of America you should not use this
website. If you are a U.S. Person or U.S. Tax payer, you should not use this
website. If you are any of the aforementioned categories of person and do use
this website, you hereby irrevocably agree to indemnify and hold harmless the
Company for the use of this website. All digital assets are speculative in
nature. This website and the Company do not believe that such digital assets
amount to securities under the laws of any nation (as such they have not been
registered with any nations security regulator). For the avoidance of doubt,
this website does not facilitate, endorse, or allow the trading of digital
assets. The website acts as a portal and is for information purposes only.
DAO CHARTER
Article 1: Name and Purpose
The name of this Foundation shall be K9 Foundation. The purpose of this
association is to promote the culture, tradition and consumption of K9 in the
Republic of Panama and allow members worldwide to come together in a safe
environment. In doing so, members can further, promote, establish and work for
the betterment of the K9 Ecosystem.
Article 2: Membership
Membership in K9 Foundation is limited to individuals who own K9 Tokens (KNINE).
Only members who own K9 Tokens shall be entitled to vote on all matters
concerning the Foundation. All votes shall occur on the blockchain. The number
of tokens owned by each member shall determine the number of votes they are
entitled to cast in any matter concerning the Foundation.
Individuals who do not own K9 Tokens shall have no rights or membership in the
Foundation. The K9 Token shall be used as the sole means of payment for services
rendered to the Foundation. Members who provide services to the association
shall be compensated in K9 Tokens. The value of the K9 Token shall be determined
by the prevailing market price at the time of payment.
Members who own K9 Tokens shall be required to adhere to the rules and
regulations governing the use of the tokens. The rules and regulations shall be
determined by the management team of the Foundation.
The K9 Token holders shall have the exclusive right to vote on all matters
concerning the K9 Foundation. Any member who owns K9 Tokens may initiate a vote
on any matter that is within the scope of the Foundation. All votes shall be
conducted using blockchain technology to ensure transparency and accuracy.
Only those members who own K9 Tokens shall be entitled to vote on any matter.
Each member shall be entitled to cast one vote for every K9 Token that they own.
The number of votes required to pass a resolution shall be determined by the
management team of the Foundation.
To ensure that any decision made by the association is valid and binding, there
must be a quorum present for any vote to take place. The quorum shall be
determined by the management team of the Foundation, and the necessary number of
votes required to pass a resolution shall also be specified by the management
team.
In summary, any member of the K9 Foundation who owns K9 Tokens shall have the
right to initiate a vote, and all votes shall be conducted using blockchain
technology. Only members who own K9 Tokens shall be entitled to vote, and each
vote requires the necessary quorum and number of votes to pass.
Article 3: Management Team
The members of K9 Foundation shall appoint a management team consisting of a
Chairperson and Vice Chairperson. The management team shall be responsible for
the day-to-day management of the association, subject to the governance protocol
of the association.
The K9 Foundation shall have a management team that shall be appointed by the
members of the association. The management team shall be responsible for
implementing the decisions of the members of the association and acting only
with the will of the members.
The management team shall have the power to call any votes they need to pass
resolutions, provided that they adhere to the rules and regulations governing
the use of K9 Tokens. The day-to-day running of the Foundation shall be done at
their own discretion, and they shall have the power to make any decisions that
they deem necessary for the effective operation of the association.
The management team shall be responsible for ensuring that the association is
run in a transparent, efficient and effective manner, and that the interests of
the members are upheld at all times. They shall also be responsible for managing
the finances of the association, and for ensuring that all financial
transactions are conducted in a transparent and accountable manner.
In the event that any member of the management team is found to have acted in a
manner that is not in the best interests of the association, the members of the
association shall have the power to remove that member from the management team
and appoint a new member to take their place.
In summary, the management team of the K9 Foundation shall be appointed by the
members of the association, and shall have the power to implement the decisions
of the members and act only with the will of the members. They may call any
votes they need to pass resolutions, but the day-to-day running of the
Foundation shall be done at their own discretion. They shall be responsible for
managing the finances of the association, and for ensuring that the interests of
the members are upheld at all times.
The management team shall have the power to represent the Foundation in any
business or legal matter. However, they shall not have the power to make
unilateral decisions that would bind the association without first seeking
approval from the members of the association. Upon obtaining approval in any
way, the Management Team may bind the Foundation.
The management team shall also be responsible for ensuring that the
association's accounts are kept in good order, and that any financial
transactions are conducted in accordance with the governance protocol of the
association.
The K9 Foundation shall exist for a finite period of time, as determined by the
members of the association. The duration of the association shall be specified
in the governance protocol.
Article 4 Duration and Dissolution
The members of the K9 Foundation shall have the power to dissolve the
association at any time. The decision to dissolve the association shall be made
in accordance with the governance protocol, and shall require a vote by the
members.
Upon the dissolution of the association, any remaining assets of the association
shall be sent to any new organisation including one which maybe decentralised in
nature.
Any member may call for the winding up of the Foundation. If any debts are due,
the Association shall pay these before winding up. Wherein, if the Association
fails to have enough funds to settle its debts, the Association members shall be
liable for such debts.
Article 5: Governance Protocol
All decisions affecting the association shall be made in accordance with the
governance protocol. The governance protocol shall detail the process for
decision making, including voting procedures and the frequency of meetings.
The governance protocol shall also outline the process for amending the charter
of the association.
Article 6: Treasury
The K9 Foundation shall establish a Treasury, which shall have control over the
funds and the treasury of retained tokens. The Treasury shall be responsible for
managing the financial assets of the Association, including any K9 Tokens and
other funds held by the Association.
The Treasury Tokens may be used or sold to meet the financial needs of the
Association, subject to the approval of the members of the Association. All
Treasury Tokens and any funds held by the Treasury shall be managed by the
management team, with an independent Treasury team responsible for the
management of the funds.
The Treasury team shall be responsible for managing the financial assets of the
Association in a transparent and accountable manner. They shall be required to
provide regular reports to the members of the Association on the status of the
Treasury, including any changes in the value of the K9 Tokens or any other funds
held by the Association.
The Treasury team shall be appointed by the members of the Association, and
shall serve for a specified term as determined by the governance protocol. The
members of the Association shall have the power to remove the Treasury team at
any time and appoint a new team to take their place.
Any and all payments can be made on behalf of the Association in any
Cryptographic Asset the treasury holds, including but not limited to stable
coin, legacy coins, or other tokens.
Article 7: Amendments to the Charter
This charter may be amended at any time by a vote of the members of the
association. Any proposed amendments shall be distributed to members of the
association at least two weeks prior to the vote.
However, these articles may also be amended by counsel in the need that such
amendments are required to remain in compliance with laws and/or regulations or
this Charter misses key components.
Article 8: Adoption of the Charter
This charter shall be adopted upon approval by the majority of the members of
the K9 Foundation or bu unilateral decision of the Management Team who are
responsible for the day to day running, to enable them to show capacity and
authority to bind the Members.
Article 9: Laws
The Foundation shall be based in the Republic of Panama and subject to the laws
of the Republic of Panama. Any correspondence should be sent to the Foundation
via their counsel, information of which can be given upon request of any third
party.