AFRICARARE TERMS OF USE

Last updated: 30 September 2024

INFORMATION REGARDING THESE TERMS OF USE

Africarare.io is the social web3 platform, created and owned by Africarare Limited, which includes digital media, art, software, text, design, functionality, and other content made available through the platform (“site”). These terms of use (“terms”) govern your access to, use of, creation, purchase, sale, exchange, and interaction with the site, and services offered on or through the site (the “service/s”). They set forth the stipulations and conditions under which Africarare Limited, a company incorporated in Cyprus, including its subsidiaries and affiliates (collectively, “Africarare”, “us”, “our”, or “we”), and you (“you” or “your”) agree will govern your activity related to the site. Please read these terms carefully before using this site.

By using the site, either as a site visitor and/or registered user, you agree to be bound by these terms. We reserve the right at our sole discretion and at any time to modify the terms. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the site or via electronic mail. Your use of the site after such notice will be deemed acceptance of such changes. Be sure to review the terms periodically to ensure familiarity with the most current version. You must be at least 18 years of age to use the site. By accessing or using the site, you represent and warrant that you are of legal age to form a binding contract with Africarare. If you do not agree to these terms, please do not use the site.

AFRICARARE CONTENT: OWNERSHIP AND LICENCE TO USE

Africarare, or our licensor, owns and reserves exclusive rights to the intellectual property of the site. Unauthorised use of the materials on the site may violate copyright, trademark, patent, and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the site. Except as otherwise set forth in these terms, we do not claim ownership over your intellectual property.

We grant you a limited, non-exclusive, and non-transferable license to use the site. Except as may be required to exercise the foregoing license grant, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the site for any purpose without express prior written permission from us.

YOUR OWNERSHIP RIGHTS AND OBLIGATIONS

You may upload digital non-fungible tokens or NFTs that you have created, on the publicly shared blockchain through the service (“asset”) in accordance with these terms. Unless otherwise stated, you remain the owner of your assets.

Assets must be unique. Any assets that exhibit obvious visual similarities to a pre-existing asset will be removed from the service. You warrant and represent that you own or otherwise control all of the rights to your assets free of encumbrances and you know of no adverse claims to the assets.

You are solely responsible for ensuring that any assets you upload to the services comply with any applicable laws and third-party rights, including but not limited to any intellectual property rights and publicity rights, and that your assets are not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive.

You agree that any information included in your assets may be used in accordance with our Privacy Policy, which can be viewed under the Privacy Policy on the Africarare.io site.

Africarare always has the right, in its sole discretion, to accept or reject any assets.

By using the services, you grant Africarare a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right, and license to use, reproduce, publicly display, distribute and adapt the assets for the purposes of providing and promoting the service and your assets. You further grant Africarare the right to use your name and trademarks, if any, in connection with our use of your assets.

ASSETS SOLD IN THE AFRICARARE MARKET

The price of any assets eligible for sale by you in the Africarare market (“market”) shall be mutually agreed, set by auction or some other agreed mechanism. You will control the scarcity of the asset in the market. Any revenue earned in the market for sales of an asset, less any transaction fees, shall be paid to you on the blockchain by the purchaser of your asset.

If you purchase and/or sell assets on the market, any financial transactions that you engage in will be conducted solely through the Ethereum network through Ethereum-compatible wallets and browsers. Africarare does not have any ability to reverse any transactions. Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise because of any transactions that you engage in on the market.

Each sale in the market is subject to a fee payable by the purchaser to Africarare and is automatically applied as part of the sales transaction.

Africarare shall not be responsible for the payment of any sales, use, value-added and other taxes, duties, and assessments (aside from income tax) imposed by any governmental authority resulting from your ownership, transfer, or creation of any assets on the site.

LAND PURCHASES IN UBUNTULAND

You may purchase virtual land within Ubuntuland. You may edit your metadata, but you must comply with these terms and specifically, you cannot link to or contain any material or content that is illegal. We reserve the right to moderate and/or delete any metadata that does not comply with these terms.

RISKS

By accessing the services, you accept that any purchase or sale you make of assets will be entirely at your risk. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting or facilitating transactions. By utilising our services, you affirm that you are aware, and acknowledge that our service is non-custodial, and we do not at any time have custody of the assets owned by our users. We do not store, send, or receive assets, as they exist on the blockchain. As such, and due to the decentralised nature of the services provided, you are fully responsible for protecting your wallets and assets from any and all potential risks.

You warrant that you understand that cryptocurrencies and any related activities are inherently high risk and extremely speculative and any loss relating to such activities is for your own account. The contents of the site are for informational purposes only. It’s important that you do your own research and analysis independently, verify any information you find on the site, consider your own personal circumstances and goals, and obtain independent financial advice from appropriate professionals before making any purchase decision or taking any other action.

You warrant that you will ensure, to the best of your knowledge and belief and after due diligence, that no money laundering or other unlawful act is committed in connection with using the site, and that no proceeds of any money-laundering activities are used in relation to the site.

You accept responsibility for any risks associated with purchasing user-generated content, including the risk of purchasing counterfeit assets, and assets that may become untransferable.

LIMITATION OF LIABILITY

The service is provided by Africarare on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the service. You expressly agree that your use of the services is at your sole risk. To the full extent permissible by law, Africarare disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that access to the site will be continuous, uninterrupted, or secure. We do not warrant that the information contained on the site will be accurate, reliable, complete, or current; or that it will be free from errors, defects, viruses, or other harmful elements.

To the full extent permissible by law, Africarare will not be liable for any loss of profits or any indirect, incidental, punitive, special, or consequential damages arising out of or in connection with these terms. Africarare’s aggregate liability arising out of or in connection with these terms will not exceed US $100. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.

INDEMNIFICATION

You agree to indemnify and hold Africarare, its directors and employees harmless from and against any claims, loss or damage by reason of a breach of any representation or warranty, any exhibition or exploitation of your assets or any rights therein, and negligence or default by you, your employees, authorised agents, or independent contractors.

You agree to notify Africarare promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these terms or your assets. The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these terms or your relationship with Africarare.

RIGHT TO REMOVE ASSETS FROM THE SERVICE

You agree that you bear all risks associated with your assets and you are solely responsible for safeguarding your assets. We will remove assets from the services if properly notified that such assets infringe these terms. Notwithstanding the foregoing, we reserve the right to remove assets from the service, without prior notice, for any reason whatsoever.

MODIFYING AND TERMINATING THE SERVICE

At any time and without notice, we reserve the right to modify or stop offering all or part of the service. Africarare may, in its sole discretion and at any time, refuse anyone who requests access to the service, terminate your rights to use the service or to create and/or upload assets; provided, however, that you will remain the owner of your assets in accordance with these terms.

MODIFYING AND TERMINATING THE SERVICE

OTHER WEBSITES AND SERVICES

The services may contain links and features that enable you to access other third-party websites that are not owned or controlled by us. Such third-party websites are governed by their own terms of use. We do not control, and we are not responsible for the contents of any linked site. Africarare shall not be a party to any disputes whatsoever between you and third parties concerning third-party websites or their offerings.

GOVERNING LAW

The rights and obligations of the parties hereunder and the interpretation of these terms will be governed by the laws of Cyprus, without giving effect to its principles of conflicts of law.

CONTACTS

Any correspondence regarding these terms should be sent by electronic mail to [email protected].

Specific Terms and Conditions for Playing the Last Hodler

1. Introduction

This schedule governs participation in the game of the Last Hodler (“Game”) offered by Africarare within its metaverse platform. By participating, you agree to these terms, the Africarare Code of Conduct, and the Africarare Terms of Use (“Terms of Use”). In the event of any conflict between these terms and the Terms of Use, the Terms of Use shall prevail. Participants are encouraged to review the Terms of Use in full to ensure comprehensive understanding and compliance.

2. Eligibility and Participation

Participants must be at least 18 years old. Users compete by demonstrating skill in the Game. The Game's rules and criteria for winning are communicated within the platform and must be adhered to as specified. Users are responsible for ensuring they understand these rules prior to participating.

3. Entry Fee and Prize Pool

An entry fee is required to participate in the tournament mode, contributing to the prize pool. The amount of the entry fee is specified on the platform. Africarare may retain a percentage of the entry fees for administrative purposes, and cost of operation. Details of the percentage retained is disclosed within the platform.

4. Determining the Winner

Winners are determined based on skill, following the predefined rules. The criteria for winning is explicitly stated within the Game's instructions. Decisions by Africarare regarding the determination of winners are final and binding. If required, users agree to accept Africarare's judgment as final and binding.

5. Prize Distribution

Prizes are distributed from the prize pool after the conclusion of each tournament game. Winners are responsible for any applicable taxes on prizes. Africarare does not offer tax advice and participants should consult with their tax advisors regarding any tax implications.

6. Conduct

Participants must conduct themselves with integrity and fairness. This includes adhering to the rules of the Game and the standards of behavior outlined in the Africarare Code of Conduct. Cheating or any form of dishonest behavior is prohibited and may result in disqualification, and other sanctions, where appropriate.

7. Liability

Africarare is not liable for any loss or damage arising from participation in the Game. This includes, but is not limited to, loss of data, technical failures, or any other disruptions. Participants assume all risks associated with the Game. The Limitation of Liability provisions in the Terms of Use apply to all participants.

8. Amendments

Africarare reserves the right to amend these terms at any time. Any amendments will be effective upon posting on the platform. Participants will be notified of any changes via the platform. Continued participation in the Game after such amendments will constitute acceptance of the new terms. Any modifications will be governed by the procedures outlined in the Terms of Use.

Terms & Conditions - Affiliate Program

By signing up to be an affiliate in the The Last Hodler Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Africarare Ltd. a company registered in Cyprus under company number HE 425048 and having its registered office at 5 Capricornia Building, Office 303, Egkomi 2408 Nicosia Cyprus (“Africarare”, “we”, “us”) and You (the “Affiliate”, “you”).

We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://www.africarare.io/terms-of-use

Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

Account Registration & Terms

You must provide your legal full name, a valid email address, your crypto wallet address and any other information requested in order to complete the sign up process for an Affiliate account (“account”)

Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual. If you are an individual, you must be 18 years of age or older to join this Program. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued (including those of any invitees) rests with you.

You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

Referral Links & Promotion

Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the The Last Hodler website. It is your responsibility to ensure each such link is correctly formatted.

You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.

You may not issue any press release with respect to this Agreement or your participation in the Program without Africarare written consent. Such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our services, say you are part of Africarare or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.

Referral Fees

To be eligible to earn a referral fee, the gamer must click-through your unique link from your site, email, or other communications to the The Last Hodler website and sign up within 90 days of the initial click-through. If they fail to sign up within those 90 days and later return without following your link, you will not earn a referral fee.

Once a valid click- through is recorded, the gamer must join a tournament game, spending a ticket to join, in which event you will earn the agreed referral fee on the UBU used by the gamer.

The referral fee is agreed upon approval of your application form on the revenue earned from gamers that you refer. The referral fee will be credited to your affiliate account as per the payment terms below.

Payment

Accrued referral fees are paid via crypto transfer into your crypto wallet once per month in Ubuntu Tokens and only when your accrued referral fees total UBU 400 or more. You must have a valid crypto wallet to receive referral fees, as we do not offer payment via any other method.

Customer payments refunded or payments charged-back do not qualify for referral fees. We may delay crediting of referral fees owing to regulatory procedures.

The referral fee structure is subject to change at our discretion.

We reserve the right to disqualify referral fees earned through fraudulent, illegal, or questionable sales or marketing methods.

All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.