HOK TECHNOLOGIES INC.
TERMS OF SERVICE
Effective Date: September 28, 2021
This Terms of Service (the “TOS”) is entered into between you and HOK Technologies Inc., dba House of Kibaa, and its subsidiaries and affiliates, (collectively, “HOK”) and applies to the all Non-fungible tokens made available to you by HOK (each, an “HOK NFT”), any applications controlled by HOK associated with HOK NFTs, all HOK websites, including houseofkibaa.com (the “Website”), and any other services or products on which HOK chooses to apply this TOS (collectively, the “Service”).
BY CLICKING “I AGREE” OR SIMILAR CONFIRMATION OR BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TOS.
1. DESCRIPTION OF THE SERVICE
HOK specializes in the creation of exclusive non-fungible tokens (NFTs) for extended reality (XR). HOK enables users to express their own individual styles within the blockchain via an array of utilities throughout the metaverse. HOK sells both Memberships (which grant access to certain NFTs) and individual NFTs minted with ERC-721 and/or ERC-1155 tokens on the Polygon Blockchain Network. By purchasing a Membership and/or an HOK NFT from our smart contracts, purchasing it off a secondary market (e.g. OpenSea), or otherwise acquiring through any other legitimate means or method, you receive exclusive rights to the Membership and/or the HOK NFT as described in this TOS.
In the colloquial sense, when you purchase an HOK HFT through the Service you essentially “own’ the NFT you purchase. But in practice, purchasing any NFT, including an HOK NFT is better thought of as purchasing exclusive rights of access to an item, more akin to a license, that provides similar rights as full ownership of a piece of property. An NFT is essentially a digital certificate of ownership representing the purchase of a digital asset, traceable on a blockchain. But NFT holders do not have important significant rights to the digital work represented by the NFT, including rights provided under copyright law, such as the right of adaptation or reproduction. HOK tries its best to describe yours rights within this TOS so you can better be informed about your “ownership” rights in your NFTs, which are essentially the same as with other NFTs.
2.1 License. If you purchase, or receive through a legitimate trade or sale, an HOK NFT, HOK grants you a non-exclusive, non-sublicensable, non-transferrable, revocable, limited license to use such HOK NFT. You may only use one copy of each HOK NFT. You agree that no title or ownership interest in an HOK NFT is transferred or assigned to you and that the TOS is not a sale of any right to an HOK NFT.
2.2 Streaming and Social Media License. HOK grants you a non-sublicensable, non-transferrable, revocable, limited license to publicly display HOK NFT(s) you control on video streaming websites, such as youtube.com and twitch.com, and on social media, such as tweeting a video (“Social Content”). HOK may terminate or modify the scope of the streaming and social media license granted to you at any time without notice or compensation and will not be liable to you or any third party for any loss you incur.
2.3 User Content License. User content includes any information that you create, submit, transmit or upload while using HOK NFT, for example, Social Content, any submissions, comments, questions, testimonials, tutorials, advice, suggestions, ideas, contest entries or other information you directly or indirectly provide to HOK through any method existing now or in the future (altogether, “User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you grant HOK a non-exclusive, irrevocable, fully-paid, royalty-free, perpetual, sub-licensable, transferrable, worldwide license to User Content under all intellectual property and other rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums and with any technology now known or hereafter developed and for all purposes without attribution, notice, permission or payment to you or a third party. HOK reserves the right to review, edit, delete or block access to User Content without notice.
3. ACCOUNTS, MEMBERSHIPS AND VERIFICATION
3.1 Account. Use of the Service may require you to register a user account with HOK directly or with a third party (each, an “Account”). HOK strongly recommends that you keep any Account login information confidential. You agree to be bound by any use of your Account, including charges and purchases, whether or not authorized. You represent and warrant that you are permitted to use the method of payment associated with your Account and agree to pay for charges and fees incurred by your Account, which are non-refundable.
3.2 Membership and Benefits. HOK may offer different Account types for an additional one time or recurring fee through subscriptions or memberships (each, a “Membership”). Please visit the Website for a complete description of Membership types, [https://houseofkibaa.com/items/genesis/]. Upon acquiring a Membership, you are granted a non-exclusive, non-sublicensable, non-transferrable (except to the extent expressly permitted) right to any rewards or benefits (“Benefits”) of your Membership only in conjunction with the Service for which such Benefits were acquired. Any Benefits conferred as a result of a Membership may not be lent, shared, sold, transferred or licensed to any other party without HOK’s written consent/approval. HOK shall, in its sole discretion, administer Benefits and, in this capacity, control, modify and/or eliminate any or all Benefits without notice, for which you are not entitled to any refund, credit redemption or any other compensation. You acknowledge and agree that there is no value to Benefits, except as explicitly stated by HOK, and HOK may revise the price of Benefits or other aspects of any Membership without notice. Payments made to HOK in connection with any Membership are not investments or loans and are non-refundable. All Benefits conferred as a result of a Membership remain the property of HOK.
3.3 User Verification. Because cryptocurrencies and blockchain technologies are subject to abuse by hackers and criminals, and are often heavily regulated in certain jurisdictions, HOK reserves the right to collect a variety of personal verification information (“Verification Information”) as part of the requirements for registering an Account or Membership on or with HOK or to fulfill any legal obligations that might apply in your jurisdiction. Verification Information may include, but is not limited to, your: name, email address, contact information, telephone number, username, government issued id, date of birth and other information collected at the time of an Account registration. You acknowledge and agree that your personal data may be disclosed to authorities in your jurisdiction in order for HOK to comply with its legal obligations.
3.4 Accuracy of Verification Information. In providing Verification Information, you confirm that it is accurate and authentic. After registering an Account or signing up for a Membership, you shall maintain Verification Information, including contact details, truthful, complete and update such information in a timely manner. If there is any reasonable doubt that any information provided by you is inaccurate, outdated or incomplete, you shall correct or remove relevant information or HOK may terminate all or part of your access to the Service. HOK may contact you at any time to correct your Verification Information. You are responsible for any loss or expenses incurred if you cannot be reached through the contact information provided to HOK.
4. PAYMENT AND USE OF THE SERVICE
4.1 Payment. To buy a Membership or purchase an HOK NFT, you must provide HOK with payment information requested by HOK and agree that HOK, or a third-party payment provider on behalf of HOK, may initiate payment for any purchase you authorize (each, a “Payment”). Payments may be processed by one or more third parties on behalf of HOK and such third parties may change without notice to you. HOK does not store your Payment details internally and any Payment information you share with us may be stored via third-party payment provider.
4.3 Age Restriction. You must be at least the age of majority in your jurisdiction in order to access the Service. If you are under the age of majority in your jurisdiction, you may not use the Service.
4.4 Access. Access to the Service may require hardware including but not limited to a compatible computer, a mobile device and an Internet connection, all meeting certain minimum specifications set by HOK (subject to change as HOK makes changes to the Service) described on the Website and the purchase page from which you minted an HOK NFT, as updated on one or more occasions. You agree to provide all hardware and the Internet connection required to use the Service and to pay all fees incurred by you when accessing the Service through an Internet connection.
4.5 Ongoing Development. Although HOK has developed a roadmap detailing future benefits and community development objectives, we cannot guarantee that all the items, including those described on the Website, will be accomplished during the planned timeline as NFTs and blockchain technologies are new, dynamic and complex. Future benefits, list on the Website or elsewhere are not included in any Account, Membership access or HOK NFT should not be taken into account while making any purchase or minting through the Service. You accept that by using the Website and owning any HOK NFTs, you acknowledge that there are no explicit or implicit obligations for HOK to undertake activities during the period of your control of an HOK NFT to: (a) change the form or functionality of the intellectual property associated with such NFT; or (b) support or maintain any value of the intellectual property associated with such NFT.
5. LIMITATIONS ON USE OF THE SERVICE
5.1 Limitations. You agree that you will not use the Service in the following manner:
a. engage in conduct that HOK determines, in its sole discretion, to constitute improper use of the Service;
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to derive the Service source code;
c. except for Social Content or as expressly permitted by HOK, reproduce, rearrange, modify, translate, create derivative works from, display perform, publish or distribute the Service;
d. engage in market or price manipulation of HOK NFTs, including speculation on the rise or fall of value of certain items;
e. post any unauthorized commercial communications on the Service, including multi-level marketing or pyramid schemes;
f. sell, lease or remove/alter advertising for the Service;
g. cheat or use, develop or distribute automation services (bots), macro services or other cheat utility services or knowingly exploit a flaw or bug in the Service;
h. break, attempt or otherwise assist with the disruption of any computer used to support the Service or experience of another user;
i. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data or other similar services or programs that may damage operation of the Service or the computers of other users;
j. utilize the Service or any part thereof for commercial purposes, except pursuant to the streaming license set forth in section 2.2;
k. promote or encourage illegal activity including, without limitation, hacking, cracking, distribution of counterfeit HOK NFT, cheats or hacks for an HOK NFT;
l. engage in abusive, defamatory, libellous, threatening or any other conduct that is objectionable or offensive;
m. communicate, link to, post, submit or upload content that contains nudity or other sexual material, materially endangering a child, violence or any other objectionable or offensive conduct;
n. abuse, bully, harass, harm or publish false or misleading information about users or encourage others to do the same;
o. encourage, promote or glorify racial intolerance;
p. use hate speech, hate terms, racist speech, racist terms or any other words or symbols that signify hate towards any person or group of people, including derogatory comments against women or minorities;
q. infringe or violate the rights of a third party including but not limited to: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) confidential information;
r. collect or attempt to obtain user data, whether personal or anonymous; or
s. impersonate another person or an employee of HOK,
as determined by HOK in its sole discretion. The above limitations also apply to information posted on public forums or through communication tools related to HOK or controlled by HOK including, but not limited to, the HOK Telegram page, Discord, or Steam page.
6. TERM AND TERMINATION
6.2 Effect of Suspension or Termination. Upon suspension or termination, you acknowledge and agree that HOK shall cease to provide access to an HOK NFT and may delete data associated with your use of HOK NFT. You are not entitled to compensation of any kind as a result of suspension or termination, regardless of whether effected by you or HOK, and HOK is not liable to you or any third party for such suspension or termination and any related loss.
7. ADDITIONAL HOK NFTS CONCERNS
7.1 HOK NFT Rights. HOK NFTs available to you and the price of HOK NFTs may be altered by HOK at any time, without notice, any time prior to being minted. Upon acquiring an HOK NFT, you are granted license as described in section 2.1. The determination of which HOK NFTs to credit or debit to users with a Membership shall be determined by HOK in its sole discretion. All rights not granted to HOK NFT holders remain the property of HOK. Any HOK NFT purchases are final and non-refundable.
7.2 Notice to EU Users. If you are a resident of the EU, you hereby agree that by purchasing an HOK NFT, such HOK NFT shall be credited to your Account (or Digital Wallet if such option is made available to you) immediately and, as a result, you are not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer Rights Directive (2011/83/EU) and national implementations.
7.3 Obligations upon Transfer. HOK NFTs may be transferred, sold and made available as permitted by HOK and third parties it engages to facilitate the transfer, purchase and sale of HOK NFTs. Once an HOK NFT is first minted and sold, HOK ceases to be involved with future transfers of such HOK NFT.
7.4 Third Party Wallets. The acquisition and use of HOK NFTs may require you to open an account with one or more third parties who will, among other things, maintain your HOK NFT in a digital wallet (each, a “Digital Wallet”). In order to open an account with Digital Wallet third party you may be required to agree to certain additional terms imposed by such third party, which constitute a separate agreement between you and that third party. HOK strongly recommends that you read any terms imposed by any Digital Wallet third party.
7.5 Third-Party Transfer or Access of Blockchain Items. If you choose to transfer or access HOK NFTs through third parties or third-party services, you are solely responsible for facilitating such transfer or access and do so at your own risk. HOK disclaims all liability associated with third-party services used for the transfer or access of HOK NFTs. HOK strongly recommends that you exercise caution when transferring HOK NFTs as once an item is transferred you may not be able to regain access without the recipient’s consent. HOK cannot and shall not resolve any dispute over HOK NFTs, including but not limited to payments received or control of HOK NFTs.
7.6 Resale of HOK NFTs. It is recommended that you only resell HOK NFTs through HOK or through approved third parties outside the Service. It is possible that HOK NFTs cannot be resold online, outside of the Service, in the real world or traded for non-virtual (tangible) goods or services as the market for HOK NFTs is emerging and volatile and technologies in the future may make the sale or transfer of HOK NFTs impractical or impossible. HOK disclaims all liability associated with the sale or transfer of HOK NFTs.
8. HOK OWNERSHIP RIGHTS
8.1 Ownership. All right, title and interest in and to the Service including but not limited to copyrights, patents, trademarks, trade secrets, trade names, computer code (source and object), titles, avatars, animation, audio-visual effects, sound effects, musical works, look and feel, methods of operation and items built within the Service by users, are owned by HOK. HOK reserves all rights in the Service.
8.2 DMCA. HOK responds to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). If you wish to make a DMCA claim, you must provide the following information in writing in your DMCA notice:
a. identify the copyrighted work that you claim has been infringed;
b. identify the material claimed to be infringing and where it is located;
c. provide reasonably sufficient information to allow HOK to contact you, such as your address, phone number and e-mail address;
d. provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
e. provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
f. provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
HOK may provide you notice if your communication, post, submission or upload was removed as a result of HOK receiving a DMCA notice from a copyright owner. If you receive notice from HOK, you may provide a counter-notification in writing to HOK’s designated DMCA agent through the means provided below.
DMCA notices can be sent to HOK by emailing firstname.lastname@example.org or by mail:
Suite 810 – 789 West Pender Street
Vancouver, BC, V6C 1H2
9. DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNIFICATION
9.1 DISCLAIMER. THE SERVICE IS STILL UNDER DEVELOPMENT AND MAY CONTAIN DEFECTS AND COMPATIBILITY ISSUES AND IS PROVIDED BY HOK “AS IS”. HOK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS (COLLECTIVELY, ITS “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, HOK AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM YOUR HARDWARE OR RESULT IN LOST DATA OR BE SECURE AGAINST UNAUTHORIZED ACCESS. THE SERVICE IS UNSUPPORTED AND THE TOS DOES NOT CREATE ANY OBLIGATION UPON HOK TO DEVELOP, MAKE AVAILABLE, OFFER FOR SALE, REPAIR, SUPPORT OR RELEASE THE SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY HOK OR ITS REPRESENTATIVES, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE.
9.2 DISCLAIMER OF INVESTMENT. HOK NFTS ARE NOT INVESTMENTS OR INVESTMENT CONTRACTS. HOK NFTS ARE PART OF THE SERVICE AND HOK AND ITS REPRESENTATIVES DISCLAIM ALL LIABILITY ASSOCIATED WITH ANY SPECULATION USERS ENGAGE IN CONNECTED TO HOK NFTS. NOTWITHSTANDING THE ABOVE, YOU ARE SOLELY RESPONSIBLE FOR EVALUATING YOUR OWN INVESTMENTS, AND FOR ALL CONSEQUENCES ASSOCIATED WITH YOUR DECISION TO TRANSFER HOK NFTS THROUGH THE SERVICE OR THIRD PARTIES. IN MANY CASES, HOK NFTS MAY INCREASE OR DECREASE IN VALUE BEFORE, DURING AND AFTER YOUR TRANSFER OF SUCH ITEMS. ANY PURCHASE OF DIGITAL ASSETS, INCLUDING HOK NFTS, INVOLVES THE RISK OF LOSS OF PART OR ALL OF THE FUNDS YOU USED TO MAKE THE PURCHASE AND/OR SUBSTANTIAL COSTS ASSOCIATED WITH GAS PRICES PAID FOR ANY MINTING OR PURCHASE. THE VALUE OF HOK NFTS YOU PURCHASE OR TRANSFER IS SUBJECT TO MARKET AND OTHER RISKS THAT MAY SIGNIFICANTLY IMPACT THE VALUE OF SUCH ITEMS. HOK AND ITS REPRESENTATIVES DISCLAIM ALL LIABILITY ASSOCIATED WITH THE SPECULATION OF THE VALUE OF HOK NFTS PURCHASED THROUGH HOK OR THIRD PARTIES. FURTHERMORE, ANY STATEMENT MADE, ADVERTISEMENT OR CLAIM POSTED ON THE SERVICE OR DISPLAYED ANYWHERE ELSE, IN THE PAST OR PRESENT, OR MADE BY HOK AND ITS REPRESENTATIVES THAT DESCRIBES HOK NFTS AS AN INVESTMENT ARE NULL AND VOID AND DO NOT REPRESENT THE VIEWS OF HOK.
9.3 LIMITATION OF LIABILITY. HOK AND ITS REPRESENTATIVES, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, EVEN IF HOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. TO THE EXTENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT APPLICABLE IN YOUR JURISDICTION, ANY CLAIM THAT YOU MAY HAVE AGAINST HOK AND ITS REPRESENTATIVES MUST BE COMMENCED NO LATER THAN 6 MONTHS AFTER THE DAY ON WHICH THE CLAIM IS DISCOVERED OR OUGHT TO HAVE BEEN DISCOVERED BY YOU. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE ANY RIGHT TO BRING A CLASS ACTION AGAINST HOK AND ITS REPRESENTATIVES, AND ANY LEGAL MATTER YOU RAISE AGAINST THEM SHALL BE HANDLED ON AN INDIVIDUAL BASIS.
9.4 HOK’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND, IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD HOK AND ITS REPRESENTATIVES FROM LIABILITY, YOU AGREE THAT YOUR SOLE REMEDY, AND HOK AND ITS REPRESENTATIVES’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE SERVICE AND MAXIMUM LIABILTY OF THE AMOUNT YOU PAID TO HOK IN THE PRECEEDING 6 MONTH PERIOD PRIOR TO ANY CLAIM.
9.5 Indemnity. You shall defend and indemnify HOK against any claim, demand, suit or proceeding (each, a “Claim”) made or brought against HOK in connection with your use of the Service, including Claims that through the use of the Service you (i) infringe or misappropriate a third party’s intellectual property rights, (ii) violate any applicable laws, (iii) breach the terms of this TOS, or (iv) commit an act of gross negligence or intentional misconduct.
HOK agrees to notify you of an update to the TOS by a posting on the Website. You are deemed to accept an update by continuing to use the Service. Unless HOK states otherwise, updates are automatically effective 30 days after posting.
11.1 Governing law. The TOS is governed by and construed under the laws of the province of British Columbia. If a dispute arises, you agree that such dispute be resolved by courts located in Vancouver, British Columbia and hereby submit to the personal jurisdiction of such courts.
11.2 Severability. To the extent any section, clause, provision or sentence or part thereof of the TOS is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion shall be severed, and the remainder of the TOS given full force and effect.
11.3 No Waiver. HOK’s failure to assert or enforce any right contained in the TOS shall not constitute a waiver of that right.
11.4 Taxes. It is your responsibility to abide by local laws in relation to the legal usage of the Service in your jurisdiction, including the applicability of tax laws to the sale or transfer of HOK NFTs, as well as withholding, collection, reporting and remittance to appropriate tax authorities.
11.5 Illicit Proceeds. You acknowledge and declare that the source of any funds, including cryptocurrencies used for the purchase of HOK NFTs, come from a legitimate source and are not derived from illegal activities. HOK cooperates with law enforcement authorities globally and will not hesitate to seize, freeze, terminate your account and funds, including cryptocurrencies, which are flagged by investigators or government authorities under a proper legal mandate, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada).
11.6 Survival. Sections 4.4, 5.1, 6.2 and 7 though 11 survive termination of the TOS.
11.7 Entire Agreement. The TOS constitutes the entire agreement between you and HOK with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided.
11.8 Contact. You may contact HOK regarding this TOS by emailing email@example.com.