STREAK

Point Farming Participation Disclaimer and Acknowledgement

These General Terms of Use (the "Terms") apply to your access to, and use of, the Infrastructure (as defined below) of Web3 Foundation LLC, doing business as Streak.App (hereinafter "Project") and its Affiliates (as defined below), including the website https://streak.app and any of its sub-domains (the "Website").

By accessing or using, or both, of the Infrastructure of the Project, you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms and you agree to be legally bound by these Terms. If you do not agree to these Terms, do not use the Infrastructure of the Project.

NOTICE: PLEASE REVIEW THE TERMS CAREFULLY. BY ACCESSING, INTERACTING WITH OR USING THE SITE OR ANY OTHER INTERFACE (INCLUDING BY LINKING YOUR WALLET, OR OTHERWISE CREATING AN IDENTIFIER ON THE SITE), ANY INTERFACE OR ANY FEATURE, YOU AGREE THAT YOU ARE ABLE TO ENTER INTO A BINDING AGREEMENT AND, AS SUCH, HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS, INCLUDING THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AUTHORIZED TO INTERACT WITH, ACCESS OR USE ANY INTERFACE OR FEATURE.

USE OF THE SITE, PLATFORM OR TECHNOLOGY FEATURES FOR TRADING IS NOT PERMITTED BY PERSONS OR ENTITIES WHO RESIDE IN, ARE LOCATED IN, ARE INCORPORATED IN, HAVE A REGISTERED OFFICE IN, OR HAVE THEIR PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES OF AMERICA, OR OFAC SANCTION LIST COUNTRIES, OR ANY OTHER RESTRICTED TERRITORY AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM THESE JURISDICTIONS, A "RESTRICTED PERSON"). ADDITIONALLY, USE OF THE SITE, PLATFORM OR TECHNOLOGY FEATURES FOR TRADING IS NOT PERMITTED BY PERSONS OR ENTITIES (I) ON BEHALF OF ANY RESTRICTED PERSON(S) OR (II) DIRECTED, COORDINATED OR CONTROLLED BY ANY RESTRICTED PERSON (ANY SUCH PERSON OR ENTITY ALSO SHALL BE CONSIDERED A RESTRICTED PERSON).

THERE ARE NO EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE SITE, PLATFORM OR ANY OF THE TECHNOLOGY FEATURES TO TRADE. USE OF A VIRTUAL PRIVATE NETWORK ("VPN") OR ANY SIMILAR TOOL TO ATTEMPT TO OR TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS STRICTLY PROHIBITED. ANY PERSON IN VIOLATION OF THESE TERMS MAY HAVE THEIR WALLETS PLACED IN CLOSE-ONLY MODE AND BE PROHIBITED FROM ACCESSING THE TECHNOLOGY FEATURES IN OUR SOLE DISCRETION.

Preamble

You are solely responsible for interacting with the Project Infrastructure with your Cryptocurrency Wallet. You are solely responsible for familiarising yourself with your Cryptocurrency Wallet's safety and security features, including any private keys and passwords associated therewith. The Project and the persons affiliated with the Project will not and cannot access your private key, password, or any cryptoassets held within your Wallet nor can it reverse any transactions you initiate with your Wallet (or otherwise). The Project and any persons affiliated with the Project cannot be responsible or liable in any way for how you use your Wallet.

You should also familiarize yourself with the risks associated with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, cryptoasset volatility and transaction irreversibility.

All transactions broadcast to the applicable blockchain network via your Wallet may require the payment of non-refundable network transaction fees, which shall be borne entirely by you.

The Project and the Projects' affiliated persons not effectuate, facilitate or control any transactions initiated via the Platform, and the Company will not be responsible for the result of any transactions, including but not limited to failed, inadvertent, or fraudulent transactions that may result in loss of funds or transaction fees or any other loss or harm to you.

By accessing, registering for, or participating in the Project's points farming, ambassador, community, referral, quest, engagement, promotional, or similar programme (the "Programme"), YOU (the "Participant") agree as follows:

1. Nature of the Programme

1.1 The Programme is a discretionary promotional and community-engagement initiative only.

1.2 Participation in the Programme is voluntary and undertaken at YOUR own risk and expense unless the Project expressly agrees otherwise in writing.

1.3 The Programme does not constitute employment, worker status, consultancy, agency, partnership, joint venture, fiduciary relationship, or any other relationship giving rise to salary, wages, benefits, reimbursement, commission, or other compensation.

2. Nature of Points

2.1 Any points, credits, scores, rankings, badges, multipliers, or similar indicators awarded under the Programme (collectively, "Points") are promotional metrics only.

2.2 Points have no cash value, are not legal tender, are not redeemable for money, are not deposits, are not e-money, are not securities, are not investment products, and are not intended to create any proprietary, contractual, or beneficial right.

2.3 Points are personal, revocable, non-transferable, non-assignable, and may not be sold, exchanged, encumbered, or otherwise dealt with.

3. No Promise of Launch or Token Issuance

3.1 The Project makes no representation, warranty, or undertaking that it will launch, complete development, issue any token or digital asset, list any token or digital asset on any platform, distribute any reward, or continue the Programme for any period.

3.2 The Project may, at any time and in its sole discretion, delay, modify, suspend, restrict, discontinue, or terminate the Project and/or the Programme, in whole or in part, with or without notice.

4. No Entitlement to Compensation

4.1 YOU expressly acknowledge and agree that participation in the Programme does not entitle the Participant to any payment, compensation, damages, reimbursement, restitution, salary, fee, commission, share of profits, token allocation, airdrop, or other economic benefit unless expressly set out in a separate written agreement signed by an authorised representative of the Project.

4.2 Without limiting clause 4.1, if the Project does not launch, is abandoned, is materially changed, is delayed, or never issues any token, digital asset, or reward, YOU shall have no claim against the Project or its founders, team members, affiliates, contractors, or service providers solely by reason of:

  • (a) participation in the Programme;
  • (b) accumulation of Points;
  • (c) any expectation that the Project might launch; or
  • (d) any expectation that Points might later be recognised, converted, redeemed, or rewarded.

4.3 YOU expressly waive, to the fullest extent permitted by law, any claim based on expectation loss, loss of opportunity, unjust enrichment, quantum meruit, restitution, or similar theory arising solely from non-launch, cancellation, suspension, modification, or termination of the Project or the Programme.

5. No Reliance

5.1 YOU acknowledge that YOU have not relied on, and shall not rely on, any statement, promise, forecast, roadmap, white paper, community message, social media post, interview, marketing content, moderator statement, or other communication as a guarantee that:

  • (a) the Project will launch;
  • (b) Points will have value;
  • (c) Points will convert into tokens, rights, or rewards; or
  • (d) YOU will receive any financial return or economic benefit.

5.2 No oral or informal statement by any founder, employee, moderator, ambassador, contractor, or community representative shall vary this disclaimer.

6. Participant Assumption of Risk

6.1 YOU assume all risks associated with participation in the Programme, including the risk that the Project or Programme may never launch, may be changed, or may be terminated without compensation.

6.2 YOU are solely responsible for all costs and expenses incurred in connection with participation unless expressly agreed otherwise in writing.

7. Project Discretion

7.1 The Project may, in its sole discretion, determine eligibility, allocation, calculation, reduction, forfeiture, suspension, cancellation, or removal of Points.

7.2 The Project may investigate any conduct it considers abusive, misleading, fraudulent, manipulative, automated, artificial, or contrary to the spirit of the Programme, and may disqualify any Participant or remove any Points at any time.

8. No Financial Advice / No Investment Offer

8.1 The Programme is for promotional participation only and is not investment advice, financial advice, tax advice, legal advice, or a recommendation to buy, sell, hold, or use any cryptoasset or other asset.

8.2 Nothing in the Programme shall be interpreted as creating any expectation of profit, return, appreciation, or investment opportunity.

9. Limitation of Liability

9.1 To the fullest extent permitted by law, the Project shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive loss or damage, or for any loss of profit, revenue, opportunity, goodwill, data, reputation, or anticipated benefit, arising out of or in connection with the Programme, the Points, the Project, or any suspension, cancellation, non-launch, or termination thereof.

9.2 To the fullest extent permitted by law, the Project's aggregate liability to the Participant arising out of or in connection with the Programme shall not exceed GBP 1 (One GBP).

9.3 Nothing in this disclaimer excludes or limits liability for:

  • (a) fraud or fraudulent misrepresentation;
  • (b) death or personal injury caused by negligence; or
  • (c) any liability which cannot lawfully be excluded or limited.

10. Entire Understanding

This disclaimer, together with any express written terms published by the Project for the Programme, constitutes the entire understanding between the Project and the Participant regarding the Programme and supersedes all prior discussions, statements, and understandings relating to it.

11. Severance

If any provision of this disclaimer is held invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

12. Third Party Rights

A person who is not a party to this disclaimer shall have no right to enforce any of its terms, except that the Project's founders, directors, employees, contractors, affiliates, and service providers may rely on any provision which expressly confers a benefit on them.

13. Governing Law and Jurisdiction

This disclaimer and any non-contractual obligations arising out of or in connection with it shall be governed by the laws of the Cook Islands.

The courts of the Cook Islands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this disclaimer, the Programme, or the Points.

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