Airdrop Terms and Conditions
TOKEN DISTRIBUTION TERMS
Last Updated: 14 August 2024.
BY PARTICIPATING IN THE AIRDROP, INCLUDING BUT NOT LIMITED TO BY ENTERING A WALLET (AS DEFINED BELOW) PURSUANT TO THE TERMS AND PROCESSES DESCRIBED HEREIN, PARTICIPANT ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO THESE AIRDROP TERMS & CONDITIONS IN THEIR ENTIRETY. THE PARTICIPANT IS RESPONSIBLE FOR MAKING ITS OWN DECISION IN RESPECT OF ITS PARTICIPATION IN THE AIRDROP AND ANY RECEIPT OF TOKENS. ANY PARTICIPATION IN THE AIRDROP IS SOLELY AT THE PARTICIPANT’S OWN RISK AND IT IS THE PARTICIPANT’S SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, TAX, AND OTHER ADVICE IN RESPECT OF THE AIRDROP AND ANY RECEIPT OF THE TOKENS PRIOR TO PARTICIPATING IN THE AIRDROP AND PRIOR TO RECEIVING ANY TOKENS.
BY PARTICIPATING IN THE AIRDROP DROP, THE PARTICIPANT EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL RISKS RELATED THERETO, INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT BELOW. IN NO EVENT SHALL THE ORGANIZATION OR ANY ORGANIZATION PERSON BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AIRDROP OR THE RECEIPT OF ANY TOKENS.
THE ORGANIZATION DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE AIRDROP. THE ORGANIZATION DOES NOT PROVIDE ANY RECOMMENDATION OR ADVICE IN RESPECT OF THE AIRDROP OR THE TOKENS. EACH PARTICIPANT PARTICIPATES IN THE AIRDROP AT ITS OWN RISK AND RECEIVES TOKENS AT ITS OWN RISK.
INTRODUCTION
Welcome to the LVLY Airdrop.
By accessing, browsing, or otherwise using the Lyvely Airdrop drop via our official website www.lyvely.com and www.get.lyvely.com or participating in any other aspect of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you may not use the Lyvely Website or participate in the Services. These Terms of Use apply to your access to, and use of the Lyvely Website, and all technologies, features products, offerings and services therein (collectively, the "Services") provided or made available to you by the Lyvely Tech Co Holdings Ltd or any of its affiliates (“Lyvely Tech Co Holdings Ltd”, the Organization, “we”, “us” or “our”).
If you are using the Services on behalf of an entity or other organization, you are agreeing to these Terms of Use for that entity or organization and representing to Lyvely Tech Co Holdings Ltd that you have the authority to bind that entity or organization to these Terms of Use (and, in which case, the terms “you” and “your” will refer to that entity or organization).
We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Use at any time. If we do this, we will publicly post the updated Terms of Use on the Lyvely Website. Your continued use of the Services from and after the date any such changes become effective constitutes your acceptance of the updated Terms of Use. If you do not agree to abide by these or any future Terms of Use, you must cease all access, browse, or use of (or shall not continue to access, browse, or use) the Lyvely Website or the Services. Without limiting anything set forth elsewhere in these Terms of Use, you agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
By agreeing to these Terms of Use:
· You represent and warrant that all information provided during the Airdrop process is true, accurate, and complete.
· You agree and acknowledge that (a) solely you are responsible and liable for all taxes due in connection with your participation in the Airdrop; and (b) you should consult a tax advisor with respect to the tax treatment of Airdrop LVLY in your jurisdiction.
· You agree and acknowledge that you are responsible for complying with all applicable laws of the jurisdiction in which you reside or in which you are participating in the Airdrop and claiming Airdrop LVLY .
· You agree to be bound by the terms of the Lyvely privacy policy, community guidelines and terms.
· You agree that you satisfy the Eligibility criteria set out in Section 2 of these Terms of Use and are not directly or indirectly acting on behalf of any person or entity that does not satisfy the Eligibility Criteria in Section2 and (ii) located in or accessing the Services from a Prohibited Jurisdiction (as defined below). You agree that you will not use a virtual private network (“VPN”) or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with the Airdrop. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from participation in the Airdrop, as determined in our sole discretion.
· You agree and acknowledge that your participation in the Airdrop does not violate any applicable laws, including without limitation applicable economic and trade sanctions and export control laws and regulations, such as those administered and enforced by the EU, OFSI, OFAC, the U.S. Department of State, the U.S. Department of Commerce, the UN Security Council, and other relevant authorities.
· You agree and acknowledge that the Organization reserves the right to require additional information from you and to enter, use, or share such information into or with a Screening Service Provider (as defined below), and its systems, tools, or functionalities, as the Organization deems appropriate in its sole discretion, including to reduce the risks of money laundering, terrorist financing, sanctions violations, or other potentially illicit activity, or as otherwise necessary to address laws and regulations that may be relevant to the Airdrop or the Tokens. You agree to provide complete, true and accurate information in response to any such requests within the timelines stipulated by the Organization. You agree and acknowledge that the Organization is not responsible and cannot be held liable for any losses, expenses, or delays resulting from inaccurate or incomplete information, and you agree to assume full responsibility for any and all risks associated therewithin.
· You agree and acknowledge that your participation in the Airdrop and claim of Airdrop LVLY does not require or involve any form of purchase, payment, or tangible consideration from or to us, nor otherwise require or involve any acceptance of value by us from you. You agree and acknowledge that you (a) lawfully may receive Tokens for free via the Airdrop (other than gas fees or applicable taxes, if any, that may be due to third parties), (b) were not promised the Tokens or any tokens (whether via the Airdrop or otherwise); and (c) took no action in anticipation of, or in reliance on, receiving the Tokens or any tokens, the occurrence of an Airdrop , or potential participation in any Airdrop.
· Your eligibility to receive Airdrop tokens or participate in the Airdrop is subject to our sole discretion. The Airdrop shall be conducted during a specified period, as determined by Lyvely Tech Co Holdings Ltd in its sole discretion. Participants must follow the instructions set forth in any Airdrop announcement and/or such other instructions as may be provided by the Organization from time to time to participate in the Airdrop. The number of Tokens allocated to each Participant will be determined by the Organization, in its sole discretion, and such allocation may vary among Participants.
· You agree and acknowledge that you are not entitled to receive any Airdrop LVLY and/or to participate in the Airdrop based on any documentation, commentary, calculators, metrics, and/or points systems published or otherwise made known by third parties monitoring activities on the Lyvely official accounts (or any of its smart contracts) or providing third-party applications or services relating thereto (“Third-Party Publications and Services”). You have no claim to the Organization based on such Third-Party Publications and Services. The Organization does not review, control, monitor, or confirm the accuracy of information that may be provided through Third-Party Publications or Services. You agree and acknowledge that you have not engaged, and will not engage, in any activities designed to obtain Airdrop LVLY, including on the basis of, or in reliance on, Third-Party Publications and Services.
· You agree that you are the legal owner of the Wallet Address (as defined below) that you use to access or participate in the Airdrop and the Services and will not sell, assign, or transfer control of such address or the Tokens to third parties to circumvent any LVLY lock-up period or to knowingly redistribute Tokens to a person, IP Address (as defined below), or Wallet Address (as defined below) that would violate these Airdrop Terms of Use if claimed directly by such person, IP Address, or Wallet Address.
· To participate in the Airdrop, you will need to enter an eligible Wallet Address (as defined below) and/or connect a compatible third-party digital wallet (either, a “Wallet”). Failure to provide and connect an eligible Wallet may result in the forfeiture of Tokens. There may be technical limitations, delays, and/or transaction fees due or payable to third parties, such as gas fees on Ethereum transactions, to receive and/or claim Tokens through your Wallet.
· By using a Wallet, you agree that you are using the Wallet in accordance with any terms and conditions of an applicable third-party provider of such Wallet. Wallets are not maintained or supported by, or associated or affiliated with, the Organization. When you interact with the Airdrop or other Services, as between the Organization and you, you retain control over your digital assets at all times. We do not control digital assets, including the LVLY Token, in your Wallet, and we accept no responsibility or liability to you in connection with your use of a Wallet. We make no representations or warranties regarding how the Airdrop or other Services will operate with, or be compatible with, any specific Wallet. The private keys necessary to access and/or transfer the digital assets held in a Wallet are not known or held by the Organization. Any third party that may gain access to Participant’s login credential, private key, or third-party cloud or storage mechanism for such information may be able to misappropriate LVLY Token and/or other digital assets held by Participant. The Organization has no ability to help you access or recover your private key and/or seed phrase for your Wallet. As between you and the Organization, solely you are responsible for maintaining the confidentiality of your private key, and solely you are responsible for any transaction signed with your private key. The Organization is not responsible for any loss associated with the Participant’s private key, digital wallet, vault, or other storage mechanism.
· You agree and acknowledge that if you are unable to claim the Airdrop due to technical bugs, smart contract issues, gas fees, wallet incompatibilities, loss of access to a wallet or the key thereto, or for any other reason, you will have no recourse or claim against the Organization or any Organization Person. In any such cases, neither the Organization nor any Organization Person will bear any liability.
· You agree and acknowledge that claiming the Airdrop may require interaction with, reliance on, or an integration with third-party products or services (e.g., a wallet or a network or blockchain) that we do not control. In the event that you are unable to access such products, services, or integrations, or if they fail for any reason, and you are unable to participate in the Airdrop or claim LVLY Token as a result, you will have no recourse or claim against us or any Organization Person; and neither we nor any Organization Person bear(s) any responsibility or liability to you.
· You agree and acknowledge that your participation in the Airdrop is at your own risk. You agree and acknowledge that you have carefully reviewed, read, and understood the Risk Factors below.
· You agree that you shall defend, indemnify, and hold the Organization Persons harmless from and against any and all claims, actions, proceedings, investigations, demands, suits, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs, and fines or penalties imposed by any regulatory authority) incurred by the Organization Persons arising out of or in connection with: (a) your use of, or conduct in connection with, the Airdrop, the Services and the Lyvely Website; (b) your breach or our enforcement of these Airdrop Terms of Use, or (c) your violation of any applicable law, regulation, or rights of any third party. If you are obligated to indemnify any Organization Person hereunder, then you agree that the Organization (or, at its discretion, the applicable Organization Persons) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Organization wishes to settle, and if so, on what terms, and you agree to fully cooperate with the Organization in the defense or settlement of such claim. Your obligations under this indemnification provision will continue in full force even after these Airdrop Terms of Use have expired or been terminated.
2. Eligibility
Only persons who are not U.S. citizens, U.S. residents (tax or otherwise) green card holders, or corporate entities with a majority of US ownership or a principal place of business or registered office in the United States of America (defined as a “U.S. Person”), and who are not acting for the account or benefit of any U.S. Persons, are eligible to use the Services and participate in the LVLY Airdrop s offered on the Lyvely Website.
Further, the Services may not be used as follows:
· in US, Russia, Cuba, Iran, North Korea, Syria, or any other applicable sanctioned country (“each a Prohibited Jurisdiction”),
· by or for the specific benefit of any individual or entity on the Specially Designated Nationals and Blocked Persons List maintained by Office of Foreign Assets Control of the U.S. Treasury Department ("OFAC") (including any entities 50% or more owned by any such Specially Designated Nationals and Blocked Persons);
· by any politically exposed persons in any jurisdiction,
· by or for the specific benefit of any individual in the U.K. Sanctions List maintained by Her Majesty's Treasury's office of Financial Sanctions Implementation ("OFSI");
· in respect of any wallet addresses sanctioned by OFAC or OFSI; or
· for any other use requiring a license or other governmental approval.
· In order to be eligible to use the Services, you represent and warrant:
o If you are an individual, that you are at least 18 years old and have capacity to form a binding contract under applicable laws;
o if you are a corporation, legal entity or other organization, that you have full power, authority and validly existing under the applicable laws to enter into these Terms;
o that you are responsible for maintaining the confidentiality of your credentials and are fully responsible for any and all activities that occur under your credentials;
o that your access and use of the Service will fully comply with all applicable laws and regulations;
o that you will not access or use the Service to conduct, promote, or otherwise facilitate any illegal activity;
o that you understand that your participation in the LVLY Airdrop is entirely at your sole risk;
o that you will remain active on the platform during the ongoing distribution of rewards in order to remain eligible.
o that you are not a citizen, resident, or member of, or incorporated in the United States of America;
that you are not currently subject to any U.S. sanctions administered by OFAC or any U.K. Sanctions administered by OFSI, and you will not directly or indirectly use the Services to finance the activities of any person currently subject to any U.S. or U.K. sanctions; and that any wallet address(es) you have nominated for the LVLY Airdrop s are not subject to any U.S. sanctions administered by OFAC, or any U.K Sanctions administered by OFSI.
You further warrant that you will not distribute or transfer any tokens or digital assets you receive as part of the LVLY Airdrop s to U.S. Persons. Until further notice, the distribution or transfer of tokens to U.S. persons is strictly prohibited by Lyvely Tech Co Holdings Ltd. It is your responsibility to ensure compliance with all relevant regulations, including securities laws if applicable.
If Lyvely Tech Co Holdings Ltd determines that you have breached any of your representations or warranties under this section, we may block your access to the Services and to any interests in property as required by law.
3. User Interface Disclaimer
There is only one website for LVLY Claims, which is the following: https://lyvely.com/
The Organization makes no warranty that the Airdrop or the Services will meet your requirements or be uninterrupted, timely, secure, or error-free. The Organization makes no warranty that the results that may be obtained from access to or the use of Services will be accurate or reliable or that the quality of any products, services, applications, information, or other material purchased or obtained by you through the Services will meet your expectations.
By accessing and using the Airdrop or the Services, you represent and warrant that you (a) understand the risks inherently associated with using cryptographic and blockchain-based systems and (b) have a working knowledge of the usage, storage, and intricacies of digital assets, such as those, like LVLY Token, following an Ethereum token standard (ERC-20). You further represent that you understand that markets for digital assets are highly volatile due to various factors, including adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems, such as Ethereum, are variable and may increase or decrease dramatically at any time. You acknowledge and accept the risk that your digital assets may have no value or lose some or all of their value during the Airdrop period, any LVLY Token lock-up period, or after. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent certain projects, entities, or people, and you acknowledge and accept the risk that you or others may mistakenly seek to claim or trade those or other tokens. You acknowledge that the Organization is not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience, including losses while accessing or using the Airdrop or the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Airdrop and the Services.
You expressly understand and agree that the Organization will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, or data or other intangible losses (even if the Organization has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use the Airdrop or the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Airdrop or the Services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services; (e) interruption or cessation of function related to our interface or website; (f) bugs, viruses, trojan horses, or the like that may be transmitted to or through the interface or website; (g) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the interface or website; or (h) any other matter relating to the Airdrop or the Services.
4. Prohibited Activities
The following activities are specifically prohibited when using this Lyvely Website or any of the Services:
· Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination or misleading advertising and, in particular, any violation against copyrights, patents, trademarks, trade secrets and other property rights.
· Concealing your identity such as by using a proxy server or by using a post box as an address for the purpose of carrying out illegal, fraudulent, or other prohibited activities.
· Enabling (including attempting to enable) the spread of viruses, Trojans, malware, worms or other program processes that damage, disrupt, misuse, secretly intercept, destroy or disable (operating) systems, data or information, or granting unauthorized access to systems, data, information or the Services.
· Using an automatic device or a mechanical or manual method for monitoring or replicating the Services or the Lyvely Website without our prior written permission.
· Engaging in any activity that seeks to defraud us or any other person or entity, including creating multiple accounts, suspected and / or actual bot behavior, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
· Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
· Encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate the Terms of Use.
· Lyvely Tech Co Holdings Ltd reserves the right to investigate and take appropriate legal action against anyone who, in Lyvely Tech Co Holdings Ltd’ sole discretion, violates this provision, including reporting the violator to law enforcement authorities.
5. Risk
By accessing and using the Services, you represent and warrant that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets. You further understand that the markets for digital assets are highly volatile due to various factors, including adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the protocol through the interface, you may suffer loss due to the fluctuation of prices of tokens in a trading or liquidity pool.
You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, and cannot be held liable for any resulting losses that you experience while accessing or using the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Services.
Without limiting the foregoing, you also understand that there may be tax and regulatory risks related to using the Services. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct in connection with your use of the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Digital assets, blockchain technology, and any related software and services are also subject to legal and regulatory uncertainty. You also understand that legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of digital assets, bridging, the protocol, or other parts of the Services.
You acknowledge that we are not responsible for any risks associated with your use of the Services, and cannot be held liable for any resulting losses that you experience while accessing or using the Services.
6. Intellectual Property Rights
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Lyvely Tech Co Holdings Ltd, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in party. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
The Lyvely and LVLY name and logos and certain other logos and trademarks are trademarks and service marks of Lyvely Tech Co Holdings Ltd or its subsidiaries or affiliates (collectively the “Lyvely Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Lyvely Tech Co Holdings Ltd. Nothing in these Terms of Use or the Services offered should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Lyvely Trademarks displayed on the Lyvely Website, without our prior written permission in each instance. All goodwill generated from the use of Lyvely Trademarks will insure to our exclusive benefit.
7. Third Party Material and User Content
You represent and warrant that you own all right, title and interest in and to any User Content that you make available via the Lyvely Website or through the Services, including all copyrights and rights of publicity contained therein. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
Under no circumstances will Lyvely Tech Co Holdings Ltd be liable in any way for any content or materials of any third parties (including User Content), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Lyvely Tech Co Holdings Ltd does not pre-screen content, but that Lyvely Tech Co Holdings Ltd and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Lyvely Tech Co Holdings Ltd and its designees will have the right to remove from the Lyvely Website, without notice, any content that violates these Terms of Use or is deemed by Lyvely Tech Co Holdings Ltd, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
If you provide us with any feedback or suggestions regarding the Lyvely Website (“Feedback”), you hereby assign to Lyvely Tech Co Holdings Ltd all rights in such Feedback and agree that Lyvely Tech Co Holdings Ltd shall have the right to use such Feedback and related information in any manner it deems appropriate. Lyvely Tech Co Holdings Ltd will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary for which you do not have all required permissions and consents to so submit.
8. Third-Party Services
The Lyvely Website may provide access to services, sites, technology, applications and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third parties.
Lyvely Tech Co Holdings Ltd has no control over, and is not responsible for, such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices and terms and conditions of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services.
You, and not Lyvely Tech Co Holdings Ltd, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. The integration or inclusion of such Third-Party Services does not constitute or imply any endorsement or recommendation. Any dealings you have with third parties while using the Services are between you and the third party. Lyvely Tech Co Holdings Ltd will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
9. No Professional Advice and No Fiduciary Duties
All information provided on the Lyvely Website, or otherwise provided by Lyvely Tech Co Holdings Ltd, is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the Lyvely Website or in the Services. Before you make any financial, legal, tax or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
These Terms of Use are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Use.
10. Disclaimer of Warranties
This Lyvely Website and the Services are offered "as is" and "as available", and Lyvely Tech Co Holdings Ltd makes no representations or warranties of any kind, whether express or implied, regarding the Lyvely Website, the Services or their use. Lyvely Tech Co Holdings Ltd does not warrant that the use of the Lyvely Website will be uninterrupted or error free and expressly disclaims any representations and warranties as to the merchantability, fitness for a particular purpose, and non-infringement of third-party rights. No representations or warranties are made that the Lyvely Website or any third-party services made available through the Lyvely Website will be free from malfunctions, errors, or harmful components. All use of the Lyvely Website is therefore at your sole risk as a user.
11. Limitation of Liability
You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall Lyvely Tech Co Holdings Ltd, any of our affiliates, nor any of the officers, directors and employees of the Company or our affiliates, be liable for any claim, damages or any other form of liability, whether in action or in tort, arising from or in connection with your use or inability to use the Lyvely Website, or any website linked to this Lyvely Website, or any content provided on the Lyvely Website or those other websites.
You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall Lyvely Tech Co Holdings Ltd, any of our affiliates, nor any of the officers, directors and employees of the Company or our affiliates, be liable for any claim, damages or any other form of liability, whether in action or in tort, arising from or in connection with your use or inability to use the Lyvely Website, or any website linked to this Lyvely Website, or any content provided on the Lyvely Website or those other websites.
You accept and acknowledge that there are risks associated with participating in the Services including, but not limited to, the risk of failure of hardware, software and internet connections, the risk of malicious software introduction, loss of rewards, and security risks. You accept and acknowledge that Lyvely Tech Co Holdings Ltd will not be responsible for any losses, failures, disruptions, errors, distortions or delays you may experience when participating in the Services, however caused. Lyvely Tech Co Holdings Ltd will not be responsible or liable to you for any loss and takes no responsibility for and will not be liable to you for your participation in the Services.
We further disclaim all liability arising from any reliance you placed on the materials provided on the Lyvely Website, including the content provided by third parties. Any links to other websites are provided for your convenience. They do not signify any endorsement by Lyvely Tech Co Holdings Ltd of such other websites. We have no control over or responsibility for the content provided on such other linked websites. We do not make any representations or warranties that access to or participation in the LVLY Airdrop, any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. Any Rewards you receive (including any tokens) as part of the Services may have no value.
To the maximum extent permitted by law, in no event will the cumulative liability of Lyvely Tech Co Holdings Ltd, any of our affiliates or any of the officers, directors and employees of the Organization or our affiliates for any claims arising out of or related to the Terms of Use, the Services or the Lyvely Website exceed one hundred US dollars (US$100). The limitation of liability reflects the allocation of risk between the parties.
Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
12. Indemnification and Release
You agree to defend, indemnify, and hold harmless Lyvely Tech Co Holdings Ltd, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. Lyvely Tech Co Holdings Ltd will provide notice to you of any such claim, suit, or proceeding. Lyvely Tech Co Holdings Ltd reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Lyvely Tech Co Holdings Ltd’s defense of such matter. You may not settle or compromise any claim against Lyvely Tech Co Holdings Ltd Parties without Lyvely Tech Co Holdings Ltd’ prior written consent.
You expressly agree that you assume all risks in connection with your access and use of the Service. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service, including your interaction with the Protocol.
13. Jurisdiction and Governing Law
The parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms of Use. These Terms of Use and any dispute or claim arising out of or in connection with the Airdrop or Tokens shall be governed by, and construed in accordance with, the laws of the Seychelles and the courts of the Seychelles shall exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms of Use.
Any dispute that is not resolved after good faith negotiations may be referred by either party for final, binding resolution by arbitration. Any dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
14. Severability
If any term, clause, or provision of these Terms of Use is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from the Terms of Use without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in the Terms of Use, which will otherwise remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to affect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from the Terms of Use, but the rest of the Terms of Use will remain in full force and effect.
15. Contact
If you have any questions about these Terms of Use or otherwise need to contact us for any reason, you can reach us at support@lyvely.com
