- Acceptance of Terms
These Terms and Conditions (the “Terms”) form a legal agreement between you and Liquid Avatar Technologies Inc., Liquid Avatar Operations Inc. and all of their respective subsidiaries, affiliates, licensors, licensees, contractors, KABN KASH, KABN Card, Liquid Avatar and the Liquid Avatar Marketplace, Oasis Digital Studios Limited, (together and hereafter, the “Company” or “LIQUID AVATAR”). By using LIQUID AVATAR’s websites, the applications available on the websites, its mobile application (the “App”), and services (collectively referred to as “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms.
You must be of the age of majority in your jurisdiction of residence or older to be eligible to use the Services. By using the Services, you represent and warrant that you (a) are of the age of majority in your jurisdiction of residence or older, (b) have the right, authority and capacity to agree to and abide by these Terms, (c) have not been previously banned or removed from the Services or participate in any activity that may result in a ban or removal from the Services, and (d) do not have more than one LIQUID AVATAR account.
- Access and Use of LIQUID AVATAR Services and Content
Subject to your compliance with these Terms, LIQUID AVATAR grants you a non-exclusive, non-sublicensable, non-transferable license to access and use the Services only for lawful purposes. The site, Services, and all content and other materials available through the Services (“Content”) are proprietary property of LIQUID AVATAR or its licensors and are protected by Canadian and international copyright, patent and trademark laws. This license is revocable by LIQUID AVATAR at any time.
You shall not (a) sublicense, sell, resell, transfer, or use commercially any of the Services or Content, (b) distribute or communicate (including by telecommunication), publicly display, or publicly perform any Content, (c) alter or make any derivative uses of the Services, Content or any portion thereof (d) modify, adapt, or hack the Services, or otherwise attempt to gain unauthorized access to the Services or LIQUID AVATAR’s related systems or networks (e) use the Services or Content other than for their intended purposes and (f) use any data mining, screen scraping or similar data collection or extraction methods. Any use of the Services or Content other than as explicitly approved herein, without receiving LIQUID AVATAR’s written permission, is strictly prohibited and will automatically terminate the license granted herein. Nothing in these Terms shall be interpreted as conferring any license or right to any copyright, patent, trademark or other proprietary rights of LIQUID AVATAR or any third party.
- Registration and Account Standards
By creating an account with LIQUID AVATAR you agree to (a) give accurate, current, and complete information about yourself, (b) maintain your account information and update it when necessary, (c) keep your password secure and assume all risks of unauthorized access to your account and personal information, and (d) notify LIQUID AVATAR of any suspected breach of security involving your account.
- Permission to Contact You
By using the Services, you agree to allow LIQUID AVATAR to contact you via text, SMS, social media and email in the event that we need to contact you for security purposes or to establish 2 factor authentication for your account.
- Lawful Basis for Collecting and Processing Data
LIQUID AVATAR must collect, use, store and disclose your personal information in order to provide the Services offered.
To use LIQUID AVATAR’s Services, the following personal information will be collected:
When you use the Services to register an account with LIQUID AVATAR, the Company will collect your email address. When you use the Services to verify your identity through LIQUID AVATAR, the Company will collect information such as ID Documents (passport, driver’s license, ID card, proof of current address), document type, scan of the document, country, “selfie” photo, account ID, legal name, national ID number, gender, date of birth, mailing address, IP address, user name, blockchain address, email, local storage, user display settings, Google authenticators, audit logs, and device camera. When you use the Services to verify your identity, LIQUID AVATAR may collect information such as Social Insurance Number, credit records, telephone number, IP Address and utility bills.
Personal information requirements may change at any time. LIQUID AVATAR will give you appropriate notice when information shall be updated, or new information will be required to remain in the LIQUID AVATAR system. By providing LIQUID AVATAR with updated personal information and your continued use of the Services, you explicitly provide your consent for LIQUID AVATAR to use that information to provide you with the Services.
LIQUID AVATAR will use the personal information collected in order to biometrically-validate your identity and perform Know-Your-Customer (KYC) and Anti-Money Laundering (AML) checks on an ongoing basis.
LIQUID AVATAR will disclose personal information collected to third-party processors in order to perform biometric-validation and KYC and AML checks. LIQUID AVATAR has contracts with third-party processors that forbid them from using or disclosing personal information except as necessary to execute the contracted services on the Company’s behalf or to fulfill legal obligations.
By using the Services, you acknowledge that you have read, understood, and agree that LIQUID AVATAR must collect, use, store and disclose your personal information in order to provide the Services offered.
- Individual’s Data Rights
- User Rules of Behaviour
As a condition of use of the Services, you unconditionally agree to abide by these User Rules of Behaviour and not use the Services for any purpose that is prohibited. You shall not:
- Take action that is unlawful, threatening, harassing, deceptive, fraudulent, invasive of another’s privacy, or is otherwise inappropriate as determined by LIQUID AVATAR in its sole discretion
- Provide false or misleading information
- Use or endeavour to use another user’s account
- Impersonate any person or entity
- Harvest, data mine or attempt to collect any personal information about others, including email
- Use services for the purposes of infringing on privacy rights, property rights or any other kind of rights of any person, company, or institution
- Use the Services for any commercial purposes including, but not limited to, advertising, distribution, promotion including chain letters, junk email or repetitive message to anyone
- Distribute, promote or otherwise publish any kind of malicious code, viruses of any kind, or any other item or communication that may cause harm to the Services, the Company or to another user’s system in any way
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, or any part of the Services
- Attempt to circumvent any content-filtering techniques the Company employs or attempt to access any feature or area of the Services that you are not authorized to access
- Use any sort of automated means or interface not authorized to access the Services, extract data or otherwise interfere with or modify the rendering of site pages or functionality
- Disclaimer of Warranties
YOUR USE OF THE LIQUID AVATAR THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND LIQUID AVATAR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. YOU ACKNOWLEDGE THAT LIQUID AVATAR DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE) SHALL LIQUID AVATAR TECHNOLOGIES INC. , LIQUID AVATAR OPERATIONS INC., OASIS DIGITAL STUDIOS INC., ALL OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, LICENSORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSEES, DIRECTORS, OFFICERS AND EMPLOYEES (collectively, the “LIQUID AVATAR GROUP”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF INCOME OR PROFITS, LOSS OF REVENUE, LOSS OF DATA OR CONTENT, DAMAGES FOR BUSINESS INTERRUPTION, OR LOSS OR DECREASE IN VALUE OF ASSETS OR SECURITIES ARISING OUT OF ACCESS TO, USE OF, OR INABILITY TO USE THE LIQUID AVATAR APP OR SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SERVICE.
THE LIMITATION ON THE LIQUID AVATAR GROUP’SLIABILITY ABOVE SHALL APPLY WHETHER OR NOT THE LIQUID AVATAR GROUP HAS OR HAD BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN ANY EVENT, UNDER NO CIRCUMSTANCE SHALL THE LIQUID AVATAR GROUP BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID BY YOU TO ANY LIQUID AVATAR ENTITY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitation may not apply to you. IN THESE JURISDICTIONS, LIQUID AVATAR GROUP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Your use of the Services constitutes your express agreement to indemnify, defend and hold harmless the LIQUID AVATAR GROUP as listed under “Limitation of Liability” above (collectively, the “Indemnified Parties”) from and against any and all claims, complaints, demands, actions, suits and proceedings by any person, including any regulatory authority (each a “third party claim/proceeding”) and all resulting liabilities and obligations (including damages, administrative monetary penalties, financial sanctions, settlement payments, expenses and costs, including lawyer’s fees) arising from, connected with or relating to any of the following: (a) the use by or on behalf of you of LIQUID AVATAR Services; or (b) any negligence, misconduct or breach of this Agreement, or any actual or alleged violation of any applicable law or infringement of any rights, by or on behalf of you or any other person for whom you are responsible under this agreement or at law. LIQUID AVATAR retains the right to participate (with counsel of their own selection at their sole cost and expense) in the defense of, and settlement negotiations relating to, any third party claim/proceeding.
12. Modification of the Terms
LIQUID AVATAR reserves the right, at any time, to make changes or modifications to these Terms. Such changes will become effective upon its publication on LIQUID AVATAR’s websites. If you continue to use the Services after the date which it has been changed and published, the continued use shall be deemed to constitute acceptance of any such changes. You agree to review these Terms periodically to be aware of any such revisions.
13. Third Party Services
You acknowledge and agree that your interactions with Third Party Websites are solely between you and such third parties. LIQUID AVATAR is not responsible or liable in any matter for such interactions.
You may opt-out of receiving marketing communications by following the unsubscribe instructions in any of our emails or by contacting us at firstname.lastname@example.org. Please note that LIQUID AVATAR is able to provide you with these Services at no cost to you by utilising these marketing communications and should you choose to opt out of receiving these communications, LIQUID AVATAR reserves the right at its sole discretion to review your account and charge you a fee for continuing to provide you with the Services. LIQUID AVATAR will contact you at the time your account comes under review and will advise you of any applicable fees. Should you choose not to pay any applicable fees for the LIQUID AVATAR Services, all Services to you will be discontinued at that time.
14. Dispute Resolution
If a dispute arises out of, or in connection with these Terms, you and LIQUID AVATAR agree to submit those issues in dispute to binding arbitration pursuant to the Ontario Arbitration Act 1991. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
15. Governing Law
These Terms and Conditions shall be governed by the laws of the Ontario, Canada without regard to its conflicts of law principles. You hereby agree that any and all disputes and causes of action arising out of or connected with the Services shall be governed by the substantive laws of Ontario, Canada.
If any term, clause or provision in these Terms is held invalid or unenforceable, then it 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 contained in these terms.
These Terms and Conditions are effective unless and until terminated by either you or the Company. You may terminate these Terms at any time by providing 30 days written notice. LIQUID AVATAR reserves the right, in its sole discretion and without notice, to terminate or suspend your right to use the Company’s Services, at any time and for any or no reason. You acknowledge and agree that the Company shall have no liability or obligation to you in such event.
19. Entire Agreement
These Terms constitute the entire agreement between you and LIQUID AVATAR with respect to your access and use of the Company’s Services. These Terms or any rights and licenses granted in them, may not be transferred or assigned by you without the prior written consent of LIQUID AVATAR. Any failure on LIQUID AVATAR’s part to exercise or enforce any part of these Terms shall not constitute a waiver of any portion of these Terms and the Company reserves the right to enforce any part of these Terms at any time.