Term of Service

These Terms and Conditions (“Terms”) apply to your access to and use of the mobile app of CatsGarden, and other online products and services (collectively, “the Services”) operated by CatsGarden (“we” or “us”) . Your agreement with us includes the Terms and our Privacy Policy. You acknowledge that you have read and understood the Terms and the Privacy Policy and accept these. By accessing or using the Services, you agree to be bound by the Terms. If you don’t agree with (or cannot comply with) the Terms, you may not use the services as defined further. If we make changes to the Terms, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on the Services. Continued use of the Services will confirm your acceptance of the changes. In order to use the Services, you need to (a) be 18 or older (please note that in some countries specific age restrictions may apply) or to have your parent or guardian’s consent to the Terms, (b) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws and (c) be resident in a country where the Services are available.

1 COPYRIGHT AND LICENSE TERMS

1.1 CatsGarden Content is protected by intellectual property laws, including copyright and other proprietary rights of respective states. We respect intellectual property rights and expect you to do the same. Except as explicitly stated in the Terms, we do not grant any express or implied rights to use the CatsGarden Content.

2 INTELLECTUAL PROPERTY RIGHTS

2.1 All our trademarks, service marks, trade names, logos, domain names, and any other features of the CatsGarden brand (“CatsGarden Brand Features”) are our sole property. This agreement does not grant you any rights to use any ALAX.IO Brand Features CatsGarden Brand Features whether for commercial or non-commercial use. You may not use any metatags or other “hidden text” utilizing CatsGarden or any other CatsGarden Brand Features without our prior written permission.

2.2 All other trademarks, registered trademarks, product names and company names or logos mentioned or used on CatsGarden or CatsGarden Content are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

3 ASSUMPTIONS OF RISK AND LIMITATIONS ON LIABILITY

3.1 You accept and acknowledge that there are following risks associated with utilizing the Services including:

(a) failure of hardware, software and Internet connections;

(b) regulatory actions in one or more jurisdictions;

(c) malicious software, weaknesses or bugs introduction into the infrastructural elements of the Services;

(d) destabilization due to a dramatically increased demand;

(e) temporary network incoherence.

3.2 You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.

3.3 We will use reasonable endeavours to verify the accuracy of any information on CatsGarden, but we make no representation or warranty of any kind regarding the CatsGarden Content, previews of such content or any Services, information and functions made accessible through the Services, any hyperlinks to third party websites, nor for any breach of security associated with the transmission of information through the Services or any website linked to by CatsGarden. We hereby reserve the right to upload the CatsGarden Content to the CatsGarden within the term in our sole discretion.

3.4 We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of the Services or CatsGarden Content, including any losses, damages or claims arising from:

(a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Unique IDs;

(b) blockchain failure or data loss;

(c) corrupted account files;

(d) unauthorized access to applications;

(e) any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the Services;

(f) accessing the IAC.

3.5 To the fullest extent permitted by applicable law, the Services and CatsGarden Content are provided on an “as is” and “as available” basis, without warranties of any kind. We do not represent or warrant that the Services:

(a) will be secure or available at any particular time or location;

(b) are accurate, complete, reliable, current or error-free or that any defects or errors will be corrected;

(c) are free of viruses or other harmful components.

3.6 You expressly acknowledge and agree that you are using the Services, CatsGarden and CatsGarden Content at your sole risk. You hereby confirm and represent that you have an adequate understanding of the risks, usages and intricacies of cryptographic tokens and blockchain-based open source software.

3.7 You acknowledge and agree that, to the fullest extent permitted by any applicable law, you will not hold third parties or individuals associated with CatsGarden liable for any and all damages or injury whatsoever caused by or related to use of, or inability to use the Services under any cause or action whatsoever of any kind in any jurisdiction, and that none of the third parties or individuals associated with the CatsGarden shall be liable for any damages in any way whatsoever arising out of the use of or the inability to use the Services.

4 THIRD PARTY CONTENT

4.1 In using the Services, you may view content or utilize services provided by third parties, including links to web pages and services of such parties (“Third Party Content”).

4.2 We do not support, confess, authorize, approve, control, endorse or adopt any opinion, idea, theory or declaration contained in CatsGarden Content or Third Party Content and will have no responsibility for any CatsGarden Content or Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent, published without proper authorization or otherwise objectionable or illegal in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of CatsGarden Content or Third Party Content, and your interactions with third parties, is solely at your own risk. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

5 USER ACCOUNT

5.1 If you wish to use the Services, you must (i) create a user account with CatsGarden (“User Account”) and (ii) log in to the User Account via mobile application. When you create a User Account, CatsGarden generates and stores a cryptographic unique ID attributable to the respective User Account (“Unique ID”) and Password that you may use to log in to the User Account and to send and receive purchased content and Catcoin via the blockchain network (“Password”). The Password uniquely matches the Unique ID and must be used in connection with the User Account to authorize the transactions and transfer of Catcoin from that User Account.

5.2 When you create a new User Account, you are strongly advised to take the following precautions, as failure to do so may result in loss of access to or control over, your wallet:

(a) create a strong Password (not used for any other website or online service and which you are solely responsible for remembering);

(b) provide accurate and truthful information and promptly update this information;

(c) maintain the security of your User Account by protecting your User Account Password, Unique ID and any other security phrases as well as access to your computer and your User Account;

(d) promptly notify us if you discover or otherwise suspect any security breaches related to your User Account or unauthorized accounts.

5.3 You hereby accept and acknowledge that you take responsibility for all activities that occur under your User Account and accept all risks of any authorized or unauthorized access to your User Account, to the maximum extent permitted by law.

5.4 In order to mitigate the risk of loss of your log in details you can either add a Password hint, which should serve as a reminder in case of you forget your log-in Password or generate a recovery phrase.

5.5 If you have not safely stored a backup of any User Account, Unique ID, Password or other security phrases, you accept and acknowledge that any purchased content or Catcoin you have associated with such User Account may become inaccessible.

6 TAXES

6.1 It is your responsibility to determine what, if any, taxes apply to the transactions you for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions.

7 CANCELLING OR REVERSING TRANSACTIONS

7.1 If you use the Services to which Catcoin is transacted, you will not be able to change your mind once you have confirmed that you wish to proceed with the transaction. Once transaction details have been submitted via Services, the Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over the public ledger and do not have the ability to facilitate any cancellation or modification requests.

8 INTERRUPTIONS, MODIFICATION AND DISCONTINUATION OF SERVICES

8.1 We will make reasonable efforts to keep the Services operational. From time to time certain technical difficulties or maintenance may result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Service.

8.2 You are solely responsible for storing, outside of the Services, a backup of any Unique ID and Password pair that you maintain in your wallet.

8.3 If you do not maintain a backup of your User Account data outside of the Services, you may not be able to access your Catcoin associated with your Unique ID in the event that we discontinue or deprecate the Services.

9 MODIFICATIONS, SUSPENSION OR TERMINATION OF ACCESS

10.1 We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your User Account and all related information and files in such without cost to you, including, for instance, in the event that you breach any term of the Terms. In the event of termination, your access to funds will depend on your access to your backup of your User Account data including your Unique ID and Passwords.

10 FEEDBACKS

10.1 For every CatsGarden Content you access via the Services you may leave your feedback. The overall rating might serve as guidance for other users and may influence also the sequence of the search results displayed in the Services.

10.2 You acknowledge and agree that this feedback is non-confidential and will our sole property and we shall own exclusive rights, including, all intellectual property rights, in and to such feedback and will be entitled to the unrestricted use and dissemination of this feedback for any purpose, without acknowledgment or compensation to you. You agree to execute any documentation required by us to confirm such assignment to us.

11 RELATIONSHIP

11.1 Nothing in the Terms is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship. We and you are with respect to one another independent contractors.

12 DISPUTE RESOLUTION

12.1. You and we adhere to have any and all disputes or claims arising from the Terms or use of the Services (collectively, “Disputes“) resolved by general courts of Republic of Malta.

12.2. You and we agree that you will notify each other in writing of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to us shall be provided by sending an E-mail to ad@ottomangame.com. Your notice must include your name, postal address and E-mail address, a description of the nature or basis of the Dispute and the specific relief that you are seeking.

13 APPLICABLE LAW AND VENUE

13.1. The Terms and your access to and use of the Services will be governed by, and construed in accordance with, the laws of Republic of Malta, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of, or relating to, the Terms or use of the Services shall be filed only in the general courts located in Republic of Malta and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms.

14 TERM AND TERMINATION

14.1. We reserve the right, without notice and in our sole discretion, at any time, including in the event of your actual or suspected unauthorized use of the Services or any content, or non-compliance with the Terms to terminate your license to access and use of the Services and to block or prevent your future access to, and use of the Services. If you or we terminate this agreement, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

15 SEVERABILITY

15.1. If any part of the Terms is deemed to be unlawful, void or unenforceable, then that part shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms. To avoid any doubts, all waivers set forth in this Terms are severable from the other provisions of the Terms and will remain valid and enforceable, except as prohibited by applicable law.

This app does not support the use of multiple accounts. The operator has the right to block the associated accounts if such behaviour is found.

If you have any questions or wish to register a complaint in relation to this Term of Service or the manner in which your personal information is used by us, please contact us: support@cats.garden