POMZ website Terms and Condition of Use

Last updated: May 24, 2018.

POMZ LC ("POMZ"/we/us/our, as appropriate).


UPON READING AND AGREEING TO THESE TERMS AND CONDITIONS, YOU WILL BE ABLE TO ACCESS AND USE THE WEBSITE AS WELL AS VIEW ALL THE CONTENT IT FEATURES. BEFORE USING THE WEBSITE, ASCERTAIN THAT THAT YOU HAVE READ THE TERMS AND CONDITION CAREFULLY. THE POMZ TOKEN SALE AND THE DISTRIBUTION OF POMZ TOKENS TO EACH USER WILL BE SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS OF THE POMZ TOKEN SALE. THIS IS A SEPARATE DOCUMENT SETTING OUT THE TERMS AND CONDITIONS AND CONSTITUTING THE AGREEMENT BETWEEN POMZ AND THE USER. IN THE EVENT THERE ARE ANY INCONSISTENCIES WITHIN THE TERMS AND CONDITIONS, SUPPORT WILL BE AVAILABLE. BY USING THE POMZ WEBSITE YOU AGREE TO THESE TERMS AND CONDITION OF USE.

1.   Definitions

The followings are some of the key terms that you need to understand. The meanings are provided in order to facilitate your reading and understanding the terms and condition.

  • The “Terms of Use” means the POMZ Terms of Use, which includes Schedule A (important notice);
  • The terms “We” or “Us” denotes the company making the Website available to Users;
  • The terms “User” or “You”: means the person using the Website;
  • The term “Website” means the website accessible at https://pomz.com, including its subdomains, programming code, related technologies, features, databases, and design.

The term content refers to texts, design, data, video content, or other intellectual property, content, or information we’ve made available to you, including, but not limited to, the POMZ white paper and one-pager.

2.   Registration

Choose a username and password for yourself during registration that you will use to log in with. You are responsible for keeping your password safe. You must not agree to disclose your password to any third party.

You agree that you will be solely responsible for any activities or actions taken under your username, even if you have not authorized such activities or actions.

3.   User Restrictions and Obligations

During your use of the website, as a user, you must agree that the following activities will not be conducted on our website:

  • Impersonation, misrepresentation of your affiliation with any person or entity, or fraud;
  • Reproduction, modification, adaptation, preparation of derivative works, performance, display, publishing, distribution, transmission, broadcasting, sales, and licensing must not be undertaken, otherwise the Website and Content will be exploited;
  • Use of the Website or Content in a commercial manner;
  • Circumvention and disabling will lead to interference in security related features of the Website, or features that prevent or restrict the use or copying of any Content;
  • Forgoing any TCP/IP packet header or any segment of the header’s information in any posting, or use of the Website to send altered, deceptive, or false source-identifying information;
  • Attempts to probe, scan, or test the vulnerability of any of our systems or networks or breach, impair, or circumvent any security or authentication measures protecting the Website and Content;
  • Attempts to decipher, decompile, disassemble, or reverse engineer any of the software used to provide for the Website’s operation must not be one of the activities you undertake on our website;
  • Attempts to scrape, parse, access, search, or meta-search the Website or Content using any engine, software, tool, agent, device ,or mechanism other than the software and/or search agents that we provide or other generally available third-party web browsers;
  • Use of the Website or Content in any manner not permitted by these Terms;
  • Encouragement or instruction of any other individual to do any of the foregoing or to violate these Terms;
  • Interference with or disruption (or attempting to interfere with or disrupting) any web pages available on the Website, servers, or networks connected to the Website, or the technical delivery systems of our providers or disobeying any requirements, procedures, policies, or regulations of the networks connected to the Website must be avoided in particular.

4.   Intellectual Property Rights

Our Intellectual Property Rights: We own all rights, titles, and interests, including all worldwide intellectual property rights to the Website and Content.

License Grant or Permitted Use: Subject to your compliance with these Terms, we grant you a personal, worldwide, royalty-free, non-transferrable, and non-exclusive license to access and operate the Website and Content for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Website in the manner permitted by these Terms.

In the case of any other way of using the Website and Content, our prior written consent shall be required.

The Website and Content may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws and regulations in your use of the Website and Content.

5.   Your Feedback

If you choose to communicate to us any feedback, ideas, or suggestions for improving the Website or Content, you grant us a free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute, and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation for attribution. You must warrant that any such feedback you communicated to us is not subject to any license or any other third-party rights.

6.   Disclaimer of Warranties

Your use of the Website and any Content or other information made available through the Website is undertaken at your sole risk and discretion and we hereby disclaim any and all liability to you or any third-party you involve.

The Website and all Content, materials, information, products, and services included therein are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We expressly disclaim any and all warranties, whether express, implied, or statutory, relating to the website and content, including, without limitation, title, merchantability, or correspondence warranties for a particular purpose and non-infringement of proprietary rights in the course of associating with or performing operations for the user.

We disclaim any warranties:

  • Regarding the security, accuracy, reliability, timeliness, and performance of the Website;
  • That the Website or any Content will be error-free or that any errors will be corrected;
  • That the Website or any Content will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard;
  • Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

7.   Limitation of Liability

Under no circumstances will we, our shareholders, officers, directors, employees, contractors, or agents be liable to you for any losses whatsoever, including without limitation, direct, indirect, incidental, special, punitive, or consequential losses arising out of or related to your use of the website and content. That applies whether the damages are foreseeable and whether or not we have been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

Your sole remedy for dissatisfaction with the website or content is to cease using the website or content. You acknowledge and agree that in the event that any damages are incurred that arise out of our actions or omissions, such damages, if any, are not irreparable and are not sufficient to entitle you to an injunction or other equitable relief restricting the operation of the website or circulation of the content.

8.   Modifications

We reserve the right, at our sole discretion:

  • To modify or revise these Terms at any time along with posting the amended Terms on the Website. Please check for the most current Terms to ensure that you are aware of all the terms governing your use of the Website;
  • To make changes to, update, or discontinue the Website, Content, or any format, feature, or functionality thereof at any time with or without notifying you;
  • To terminate or restrict access to the Website or Content for any reason whatsoever;
  • Your continued use of the Website following a change or update will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue your use of the Website immediately.

These Terms remain effective following the date of their acceptance until terminated by you or us in accordance with these Terms.

9.   Termination and Account Cancellation

You may terminate these Terms at any time by ceasing use of the Website and/or by cancelling your account.

In addition to other remedies, we may suspend or terminate these terms with you, or we may terminate or suspend your use of the Website at any time if:

  • You violate any provision of these Terms;
  • You infringe upon the proprietary rights, privacy rights, or intellectual property rights of any person, business, or organization;
  • You’ve engaged in other activities relating to or in the course of your use of the Website that may be illegal or entail liability, harm, embarrassment, harassment, abuse, or disruption for you, other Users, us, any other third parties, or for the Website or Content;
  • It is required by applicable law;
  • We cease offering the services and/or discontinue the Website;
  • Notwithstanding the foregoing, we also reserve the right to terminate the Website or cancel your account at any time for any reason;
  • Upon termination of these Terms, all licenses and rights to use the Website and Content shall immediately terminate and you will immediately cease any and all use of the Website and Content;
  • Upon any termination of your account, you will no longer be able to access the information and documents you submitted. We will have no obligation to maintain any information or documents stored in our database related to your account or to forward any information to you or any third party;
  • Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights, ownership, and limitation of liability, which are reasonably designed to survive such suspension or termination.

10.   General

In regards to applicable law, you agree that the laws of the Republic of Seychelles govern these Terms, their subject matter, the relationship between you and us, any actions related these Terms, as well as any claim or dispute that may arise, without regard to conflicts between rules in the law.

Notices: We will provide any notices or other communication permitted or required under these Terms, completed in writing and sent:

  • Via email (to the e-mail address that you provide during registration);
  • By posting them on the Website, including on your account dashboard.

Consent to Receive Communication in Electronic Form

For contractual purposes, you:

  • Consent to receive communication from us in electronic form via the email address you have submitted;
  • Agree that the Terms and all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communication would satisfy if it were in writing.

Non-Transfer: You shall not assign these Terms or assign any rights or delegate any obligations hereunder, neither in whole nor in part, whether voluntarily or according to law, without our prior written consent. Any purported transfer or delegation you undertake without our appropriate prior written consent will be null and void. We may transfer these Terms or any rights hereunder without your consent.

No Waiver: Failure on our part to exercise or delay the exercising of a legal right or remedy envisaged in these Terms or by law shall not constitute a waiver of our right or remedy.

Severability and Integration: Should any part of these Terms be rendered invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Schedule A. IMPORTANT NOTICE

The Website, whitepaper, one-pager, blog posts, presentations, and publications of POMZ stakeholders, advisers, managers, and consultants (“POMZ Media”) may utilize, contain, or mention information or data in relation to the POMZ business model, technology, products, and services, as well as POMZ tokens and POMZ token sale events (“Information”).

PLEASE READ THIS NOTICE REGARDING THE POMZ MEDIA AND INFORMATION VERY CAREFULLY. IF YOU HAVE ANY DOUBT AS TO THE ACTION YOU SHOULD TAKE IN RELATION TO IT, PLEASE CONSULT YOUR LEGAL COMMERCIAL, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVISOR.

Descriptive in Nature Only

THIS INFORMATION IS OF DESCRIPTIVE NATURE AND IS NOT BINDING.

The information includes market and industry information as well as predictions that have been obtained from internal or publicly available surveys, reports, and publications. Such sources are believed to be reliable, but POMZ provides no assurance or guarantee as to the accuracy or completeness of such information and predictions.

The POMZ token sale involves and relates to the development and use of cutting-edge and experimental technologies that may not turn out as expected or be brought to completion as specified in POMZ Media.

Regulatory measures, investigations, or actions may impact POMZ products and services and limit or prevent them from being developed or implemented.

The POMZ business model may change due to new regulatory and compliance requirements from any applicable laws in any jurisdiction.

FORWARD-LOOKING STATEMENTS

All Information on the future performance of POMZ, its products, services, tokens, and token sale event, including, without limitation, future revenues, earnings, strategies, prospects, consequences, and all other statements that are not purely historical constitute "forward-looking statements". Such forward-looking statements are subject to risks and uncertainties, which could cause actual results to differ materially from those anticipated. When used herein, the words anticipate, intend, estimate, believe, expect, plan, should, hypothetical, approximately, potential, prediction, project, aim, target, could, if, may, possible, probable, would, and will, as well as variations of such words and similar expressions or symbols, are intended to identify forward-looking statements.

All of the forward-looking statements made in POMZ Media are qualified by these cautionary statements and POMZ can make no assurance that the POMZ results or developments will come to fruition or even if they will come to fruition – that they will have the expected consequences. All participants in the token sale are cautioned not to place undue reliance on these forward-looking statements in making a decision to participate in the token sale. No representation, warranty, undertaking, promise, or guarantee is provided with respect to forward-looking statements.

They are NOT DESIGNED OR INTENDED AS SECURITIES OR INVESTMENT ASSETS

POMZ tokens do not represent equity, shares, royalties, or rights to the capital, dividends, interest, profits, or income in the entity issuing the tokens or any other entity in any jurisdiction

POMZ tokens are not designed or intended to be used or to have a particular value outside the POMZ ecosystem.

POMZ tokens shall not be used or purchased for speculative or investment purposes.

This is NOT AN OFFER OR SOLICITATION

POMZ does not offer any securities or assets for investment purposes.

None of the POMZ Media are intended to constitute a financial service offering a document or a prospectus of any kind.

The information is not a solicitation for investment and does not pertain in any way to the offering of securities, shares, options, or futures in any jurisdiction. POMZ Media contain a mere description of the functionality of POMZ products and services and the utilization of the POMZ tokens within the POMZ ecosystem.

THIS DOES NOT CONSTITUTE A RECOMMENDATION OR ADVICE

The use of Information does not and cannot guarantee that contributors will make profits or will not incur losses. Such data and information is provided merely for informational purposes.

POMZ Media do not include or contain any information or indication that might be used as the grounds for any decision to participate in the POMZ token sale.

POMZ Media and Information shall not be construed as and are not intended as professional, business, legal, tax, investment, or financial advice.

POMZ offers no advice regarding the nature, potential value, or suitability of the POMZ tokens or the token sale event.

REQUIRED KNOWLEDGE AND RISKS

Decisions to participate in the token sale involve a high level of risk and must be made based on the advice of qualified financial professionals.

Otherwise, all participants in the token sale must use their own judgment and carefully consider whether the Information is suitable for them in light of their personal financial conditions and ability to bear financial risks.

The token sale discussed in POMZ Media has not been reviewed by any regulatory authority and no such action is planned to be taken under the laws or regulations of any jurisdiction.

RESTRICTED TERRITORIES

POMZ tokens are not offered to United States citizens and residents. Such persons are not allowed to participate in the token sale and purchase POMZ tokens.

Participation in the token sale may be restricted to the residents of other countries and territories.

All participants shall ascertain that they are acting in conformity with the applicable laws and that they have discovered and learned the relevant stance of the regulatory authority in their jurisdiction.

LIMITATION OF LIABILITY

You alone assume sole responsibility for any decisions you make based on the information and/or your use of the information.

Without prejudice to the generality of the limitation liability clause in the terms, under no circumstances shall POMZ, its founders, team members, or any third party involved in POMZ’s projects be liable for any losses or damages you or anyone else incurs as a result of any activity that you or anyone else engages in based on any information that you receive from POMZ media or as a result of the use of information and/or POMZ media, including, but not limited to, inability to use POMZ tokens.

DISCLAIMER OF WARRANTIES

Without prejudice to the generality of the disclaimer of the terms’ warranties clause, all information and POMZ media are provided on an "as is" basis without any warranty of any kind. POMZ makes no representations and disclaims all express, implied, and statutory warranties of any kind to you and/or any third party, including warranties as to accuracy, timeliness, completeness, or appropriateness for any particular purpose.

CONCLUSION

In light of the above terms and conditions, you are fully informed as to the main requirements for using the POMZ tokens website. We always strive to offer you the optimal services. We also actively monitor traffic to and from Website. When you arrive on our site, you will see a registration button. Click it and begin registration.

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