The QuasarK Web and Mobile Application and Extension (‘QuasarK’) is a cutting-edge non-custodial wallet software designed to take your web3 journey to the next level. With QuasarK you can store, buy, manage, swap assests on multiple chains. QuasarK provides you with the ability to view the token balances of the connected crypto wallet; swap of tokens within the same or different blockchains; buying tokens for fiat; viewing information on tokens (for example, price changes, capitalization); sending tokens to other crypto wallets

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and QuasarK (“we”, “us”, or “our”) concerning your access to and use of the QuasarK Website (QuasarK.io), Applications and Extension as well as any other media form, media channel, mobile website, or mobile applications related, linked, or otherwise connected thereto (collectively, the “Site or Application”).

Reference to (“Services”) are in reference to any service which QuasarK or an affiliate of QuasarK provides to you via its Site, Extension or Application.

The information on the Site, Extension or Application is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Site, Extension or Application from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.

Information on our Site or Application is not, in any circumstance, financial advice. The Company nor any of its affiliates will not or shall not provide financial advice in any form.

Any purchase or sale you make, accept, or facilitate outside of the Site or Application will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions outside of this Site or Application.

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.

To be eligible to use QuasarK:

• you must be at least eighteen (16) years old and legally competent to enter into these Terms;
• you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury's financial sanctions regime; and
• you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority.

For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws.

Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally-obtained funds that rightfully belong to you.

By using QuasarK, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use QuasarK, however, and we reserve the right to change our eligibility criteria at any time.

Supplemental terms and conditions or documents that may be posted on the Site or Application from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site or Application after the date such revised Terms and Conditions are posted.

Our services are only available to you upon acceptance of these terms and conditions. By using the services on our application or, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions, then you are expressly prohibited from using our services and you must discontinue use immediately.

WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR ADVISORY SERVICES. WE DO NOT ADVISE OR RECOMMEND ABOUT PARTICIPATION IN TRANSACTIONS OR OPERATIONS WITH DIGITAL ASSETS. DECISIONS TO TRANSACTION OR TRANSACTION WITH DIGITAL ASSETS MUST BE MADE BY YOU ON YOUR OWN AND UNDER YOUR OWN RESPONSIBILITY.

These Terms and Conditions apply to all users of all of QuasarK’s services such as Site or Application, including individuals, merchants, and legal entities.

QuasarK’s users are those who use and/or purchase QuasarK services related to Site and Application or affiliated services.

The Application is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use the QuasarK application or Website with permission and oversight by a legal guardian over the age of 18 years.

In order to provide you with the Application and its services, you acknowledge and agree that QuasarK may collect, store, and process your personal data and/or information. By accessing and/or using the Site or Application, you acknowledge to have read, understood, and accepted the terms of QuasarK’s privacy policy, and you further acknowledge and agree that QuasarK may use such data and/or information in accordance with the terms of its Privacy Policy.

You may be required to register an account or sign up with a wallet address with the Site or Application to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.

To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account or wallet.

An encrypted backup of certain information associated with your wallet can be stored on eligible devices. The private key is associated with the wallet address and, together, they can be used to authorize the transfer of Digital Assets to and from that wallet address. You are solely responsible for the retention and security of your private key and any mnemonic phrase (“SEED”) associated with your wallet. You must keep your wallet address, SEED, and private key access information secure.

You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or SEED associated with your wallet.

We cannot generate a new password for your wallet if you fail to remember your original password. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any Digital Assets you have associated with such wallet address will become inaccessible.

Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason including without limitation your failure to keep your wallet address, SEED and private key information secure.

By accessing and/or using the Services, you represent and warrant that:

1. you fully understand and have experience of tokens, cryptocurrencies, NFTs, and any other digital assets, as well as of blockchain-based infrastructures and services; and
2. you fully understand the risks associated with the trading or holding of tokens, cryptocurrencies, NFTs, and any other digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies, and digital assets (including with respect to their storage and exchange).
3. unless otherwise stated you will not, rent, lease, lend, sell, transfer, redistribute or sublicense our services or digital items or assets.
4. unless otherwise stated you shall not make our services available over a network where it can be used by multiple devices at the same time.

By accessing and/or using the Site or Application, you acknowledge that, tokens, cryptocurrencies, NFTs, and any other digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the Site or Application in correlation with digital assets.

You further represent and warrant that you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, NFTs, and any other digital assets, for which you are solely responsible and liable for.

You acknowledge and agree that QuasarK does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any Token. If you are considering purchasing Tokens as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation.

You acknowledge and agree that any digital asset distributed by QuasarK does not have a promise or guarantee of value in any form.

By accessing and/or using the Site or Application, you warrant that you are a bona fide user of QuasarK’s services. By accessing QuasarK via a wallet or account creation via QuasarK, you confirm that you will not use QuasarK services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:

1. Terrorist financing;
2. Money laundering;
3. Illegal gambling
4. Distributing or funding drugs and drug paraphernalia;
5. Malicious hacking including payments for ransomware;
6. Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;
7. Knowingly or recklessly providing us with inaccurate or incomplete information through the QuasarK;
8. Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;
9. Interfering with the security of the QuasarK or the safe use of the QuasarK by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website, Extension or Application or its users);
10. Using this QuasarK for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
11. Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on QuasarK’s Platform and Services;
12. Using the QuasarK or the information contained in it for commercial purposes which are competitive to the QuasarK or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
13. Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the QuasarK or which may otherwise place an unreasonable load on the infrastructure of the QuasarK;
14. Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
15. Collecting or storing personal data about other users of the Platform; or
16. Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.

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

You acknowledge and agree that QuasarK retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Site, Extension or Application, the software and application programming interfaces (APIs) comprising the Site, Extension or Application, and all content therein. You acknowledge and agree that “QuasarK”, their trademarks, service marks, logos and graphics are the registered trademarks or trademarks of QuasarK.

You are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Site, Extension or Application and its affiliated links and projects.

If you create any fan-art for personal, non-commercial use, the artwork must clearly state “QuasarK Fan Art” and a link to the Site or Application (QuasarK.io). QuasarK reserves the right to determine if something is fan art/merchandise or not.

In order for all proposed Digital Asset transactions to be completed, they must be confirmed and recorded in the Digital Asset’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate.

We have no control over the blockchain networks and, therefore, cannot and do not ensure that any transaction details that you submit via our Services will be confirmed and processed. By using QuasarK, you acknowledge and agree that:

• we do not have the ability to cancel or otherwise modify your transaction;
• the transaction details you submit may not be completed, or may be substantially delayed, by the applicable blockchain networks;
• we do not store, send, or receive Digital Assets; and
• any transfer that occurs in relation to any Digital Asset occurs on the relevant blockchain network and not on a network owned by us and therefore we do not guarantee

You may not access or use Site, Extension or Application for any purpose other than that for which we make the application and Site, Extension or Application available. Site, Extension or Application may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with QuasarK.

The prohibited activities with regards to the Site, Extension or Application include, but are not limited to:

• Systematically retrieving data or other content from the Site, Extension or Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Using the Site, Extension or Application in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
• Using a buying agent or purchasing agent to make purchases on the Site, Extension or Application;
• Using the Site, Extension or Application to advertise or offer to sell goods and services;
• Circumventing or disabling or otherwise interfering with security-related features of the Site, Extension or Application, including features that prevent or restrict the use or copying of any Site, Extension or Application content or enforce limitations on the use of the Site or Application and/or the content contained therein;
• Engaging in unauthorised framing of or linking to the Site, Extension or Application;
• Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user password;
• Improperly using our support services or submitting false reports of abuse or misconduct;
• Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Interfering with, disrupting, or creating an undue burden on the Site or Application or the networks or services connected to the Site, Extension or Application;
• Attempting to impersonate another user or person or use the username of another user;
• Selling or otherwise transferring your profile;
• Using any information obtained from the Site, Extension or Application in order to harass, abuse, or harm another person;
• Use of the Site, Extension or Application as part of any effort to compete with us or otherwise use Site, Extension or Application and/or the content contained within for any revenue-generating endeavour or commercial enterprise;
• Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site, Extension or Application;
• Attempting to bypass any measures of the Site, Extension or Application designed to prevent or restrict access to the Site, Extension or Application, or any portion of it;
• Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site, Extension or Application to you;
• Deleting copyright or other proprietary rights notice from any content from or derived from the Site, Extension or Application;
• Copying or adapting the Site, Extension or Application’s software, including, but not limited to HTML, JavaScript, or other code;
• Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site, Extension or Application or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, Extension or Application;
• Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”);
• Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, Extension or Application, or using or launching any unauthorised script or other software;
• Disparaging, tarnishing, or otherwise harming, us and/or the Site, Extension or Application, such harm which is assessed and judged at our sole discretion and opinion; and
• Using the Site, Extension or Application in a manner inconsistent with any applicable laws or regulations.

The Site or Application reserves the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell, via the Site or Application, any financial transaction where you elect to pay via a third-party payment gateway service, requires you to abide by their terms and conditions.

Any third-party payment services used are not controlled by QuasarK. You agree to use the third-party payment services at your own risk. You agree to indemnify QuasarK from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.

If you use QuasarK to purchase Digital Assets with your credit or debit card, a third party will convert your chosen amount into the applicable Digital Asset and credit it to your wallet. You acknowledge and agree that:

1. QuasarK is not responsible for your use of such third party service and shall have no liability whatsoever in connection with your use of such service;
2. you will be subject to any terms and conditions imposed by the relevant third party service provider;
3. QuasarK has no ability to change, withdraw or cancel any conversion requests you place;
4. QuasarK is not responsible for any exchange rates offered by the relevant third party service provider(s); and
5. QuasarK is not responsible for any fees charged by the relevant third party service provider(s) or your bank or credit card issuer(s).

To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Site, Extension or Application in relation to any transactions that may, be refundable. Any refunds or compensation, whether monetary or otherwise, in relation to the Site or Application and your use of the Site, Extension or Application and all its features and assets are considered, accepted, or rejected at our sole discretion. This includes, but is not limited to, the following scenarios in which you may potentially suffer loss, harm, or damage:

1. accidental purchases made by you;
2. glitches, malfunctions, or other technical errors encountered on the Site or Application;
3. being made victim of another user’s fraud, deceit, prohibited activity, or misdemeanour;
4. the use of the Site or Application and/or its features and assets in a manner not consistent with a relevant intended purpose.

You shall be solely responsible for any taxes applying to the payments you make or receive through the Site or Application, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, QuasarK is not able to draft a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.

The Site or Application may contain (or you may be sent via the Site or Application) links to other WebSite or Applications (“Third-Party WebSite or Applications”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party WebSite or Applications and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party WebSite or Applications accessed through the Site or Application, or any Third-Party Content posted on, available through, or installed from the Site or Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party WebSite or Applications or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party WebSite or Applications or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site or Application and access the Third-Party WebSite or Applications or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Site or Applications and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any WebSite or Application to which you navigate from the Site or Application or relating to any applications you use or install from the Site or Application.

Any purchase you make through Third-Party WebSite or Applications will be through other WebSite or Applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party WebSite or Applications and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party WebSite or Applications.

We may allow advertisers to display their advertisements and other information in certain areas of the Site or Application, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site or Application, and any services provided on the Site or Application, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site or Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

You terminate these Terms at any time by withdrawing consent to abide by these terms via writing. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Site, Extension or Application.

You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our platform, or ban your wallet address from using the Site, Extension or Application without the provision of prior notice. You agree that any suspension or termination of your access to the Site, Extension or Application may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.

If we terminate these Terms or suspend or terminate your access or a wallet’s access to or use of the Site, Extension or Application due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.

We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Site, Extension or Application. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using the Site, Extension or Application.

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Site, Extension or Application or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

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

Without limiting the generality of the foregoing, QuasarK takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Site or Application, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on QuasarK’s servers; (vi) failure to update or provide correct information; (vii) “phishing” or other WebSite or Applications masquerading as QuasarK; (viii) stolen, lost, or unauthorised use of your means of authorization; (ix) loss of business or goodwill.

The limitation of liability set out above shall not be applicable in case of loss or damages caused by QuasarK or any of its employees by intentional misconduct or gross negligence.

The Site, Extension or Application supports or is integrated with third party services. QuasarK takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.

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

19.1 DISCLAIMER. THE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE OFFERINGS, THE THIRD PARTY CONTENT, OR THE THIRD PARTY SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE OFFERINGS, THIRD PARTY CONTENT, OR THIRD PARTY SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY FROM CONSENSYS THAT IS NOT OTHERWISE IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION.

19.2 RISKS. OUR OFFERINGS RELY ON EMERGING TECHNOLOGIES. SOME OFFERINGS ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY, OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATE PROTOCOL UPGRADES, LIKE THE TRANSITION TO PROOF OF STAKE CONSENSUS. BY USING THE OFFERINGS YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS AND UPGRADING YOUR SOFTWARE AND PROCESSES TO ACCOMMODATE OFFERING AND PROTOCOL UPGRADES, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH) AND OTHER DIGITAL TOKENS, SUCH AS THOSE FOLLOWING THE ERC-20 TOKEN STANDARD. IN PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE ETHEREUM PROTOCOL OR ANY OTHER BLOCKCHAIN PROTOCOL, COMMUNICATE OR EXECUTE PROTOCOL UPGRADES, OR APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON BEHALF OF YOU. YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT CONSENSYS WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES.

YOU FURTHER UNDERSTAND AND ACCEPT THAT DIGITAL TOKENS PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITY OF CONSENSYS TO CONTROL. YOU UNDERSTAND THAT PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND ULTIMATELY FUNDS. YOU UNDERSTAND AND ACCEPT THAT QUASARK DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES QUASARK CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY QUASARK AS PART OF THE OFFERINGS AND IS NOT ITSELF A THIRD PARTY SERVICE. YOU AGREE THAT YOU ALONE, AND NOT QUASARK, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCOL WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE OFFERINGS TO INTERACT WITH BLOCKCHAIN PROTOCOLS.

To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify QuasarK, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:

1. Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties;
2. Your alleged or actual use or misuse of the Services; and
3. Your alleged or actual infringement or violation of any laws or of the rights of a third party.

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

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

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

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

Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and QuasarK.

QuasarK will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond QuasarK’ reasonable control.

If your access to the Site, Extension or Application is suspended or terminated, we will keep your information in our database for at least twenty four months for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties. You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. If you wish to do this, please contact us at [email protected]

These Terms and Conditions, and your use of the Site, Extension or Application, are/is governed by and constructed in accordance with the laws of the British Virgin Islands, applicable to agreements made and to be entirely performed in the British Virgin Islands, without regard to its conflicts of law principles.

If you have an enquiry regarding our Terms and Conditions, you can contact us at [email protected].

Move To Play Holdings LTD

Address: Intershore Chambers, Road Town, Tortola, British Virgin Islands

Email: [email protected]