- ℚ Pledge
We, NewGamePlus Inc. (our company), provide the following Terms and Conditions (the “Terms”) to govern the crowdfunding of our product Qointum, which involves the use of all Qointum software downloaded or accessed from this website (the “Software”), and also involves rewarding ℚoins and ℚoinXs (the “Tokens”) which operate the Qointum networks to you (the “Backer”) who pledge by sending Bitcoin, Ethereum or Litecoin (the “Pledges”), to the addresses displayed on our crowdfunding page. By participating in the crowdfunding, you expressly acknowledge and represent that you have carefully reviewed the Terms, as well as our Qoin Distribution, and fully understand the risks, costs, and benefits of pledging and agree to be bound by these Terms.
You further represent and warrant that, to the extent permitted by law, you are authorized to pledge in your relevant jurisdiction, are of legal age to be bound by these Terms, and are not pledging as a speculative investment.
Do not pledge if you are not an expert in dealing with cryptographic tokens and blockchain-based software systems, we do not provide any guarantee of assistance in the usage of the Software.
The Pledges will only be refunded (in total minus network transaction fees, denominated in the pledged currency) in the case that our budget goal displayed on our crowdfunding page has not been 100% met and the crowdfunding period has ended. Otherwise, the Pledges are final and there shall be no refunds except as required by law.
The Tokens do not represent equity in our company, they are required for operation of the Qointum networks such as for transactions and decentralized consensus security. Backers must not have any expectation of influence over the governance of our company or our products. In our local jurisdiction the Pledges do not constitute an investment and the Tokens rewarded are not considered securities. The Tokens are not guaranteed to have any value outside of being required for operation of the Qointum networks.
The Pledges will be collected and publicly visible at our multi-signature Bitcoin, Ethereum and Litecoin exodus addresses. Withdrawals from these addresses to our private wallets will only occur after our budget goal has been 100% met and the crowdfunding period has ended.
You agree to defend, indemnify and hold harmless our company, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including, without limitation, reasonable legal fees, arising from your use or misuse of the crowdfunding, or the Software, or the Tokens, or your violation of the Terms.
YOU EXPRESSLY AGREE THAT YOU ARE PLEDGING AT YOUR SOLE RISK AND THAT THE SOFTWARE AND THE TOKENS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PROCESS FOR PLEDGING WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU REPRESENT AND WARRANT THAT, TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT HOLD OUR COMPANY, ITS PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS OF OUR COMPANY OR ITS PARENT OR AFFILIATES, NOW OR IN THE FUTURE, LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED TO THE CROWDFUNDING OR THE USAGE OF THE SOFTWARE OR THE TOKENS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE TOKENS UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR THE TOKENS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PARTIES WHO TRADE THE TOKENS FOR OTHER ASSETS, AND THAT THE RISK OF PLEDGING AND USING THE SOFTWARE AND THE TOKENS RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PLEDGED TO US.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS OR EXCLUDE INJURY ARISING FROM ANY WILLFUL MISCONDUCT OR FRAUD BY US.
The Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter, unless you and our company have executed a separate agreement governing the use of the crowdfunding, or the Software, or the tokens. The failure by either party to enforce any provision of the Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of the Terms will be effective only if in writing and signed by authorized representatives of both parties. If any provision of the Terms is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect.
Any action or proceeding arising out of or related to the Terms or the crowdfunding, or the Software, or the Tokens, must be brought in the courts of British Columbia, Canada, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have must be commenced within one (1) year after the claim or cause of action arises.