Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE WEBSITE LOCATED AT
HTTPS://MEMEPLUSTOKEN.COM (THE "WEBSITE", "WE", "OUR", "US", OR "MEMEPLUS") OR BEFORE PURCHASING TOKENS OR DIGITAL BONUS TRADING CARDS. YOU ACKNOWLEDGE THAT THERE ARE CERTAIN RISKS ASSOCIATED WITH PURCHASING THE TOKENS DESCRIBED HEREIN AND AGREE TO ASSUME SUCH RISKS UPON ANY PURCHASE OF TOKENS. IN ADDITION, NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PURCHASE TOKENS OR DIGITAL BONUS TRADING CARDS OR USE OUR MESSAGING SERVICES (THE "SERVICES" OR "THE HIVE").
By accessing MEMEPLUS and any of the SERVICES, you accept our
Privacy Policy and agree:
- You are of legal age (18 years old or older) and legally competent
- Not to use our SERVICES to hack, scam, spam, or otherwise defraud users
- Not to post violent, pornographic, or harassing content on THE HIVE
- It is legal to use the SERVICES in your country of residence
- That by using the SERVICES you do not violate any laws or regulations applicable to you
We reserve the right to update these Terms and Conditions later.
GENERAL
The MemePlus Token ("TOKEN" or "MEME+") is a cryptocurrency based on the BEP20 token standard for the BNB Smart Chain. The commencement of the token sale period (the "PRESALE") will be advertised on the WEBSITE. The PRESALE is governed by the Meme Utility Cap LLC, a limited liability company in Las Vegas, NV USA. The PRESALE will continue until either (a) the remaining supply of MEME+ available for sale, are sold, or (b) MEMEPLUS advertises a completion date on our WEBSITE and THE HIVE. In the latter case, notification of a completion date by MEMEPLUS will be provided with at least 14 days notice, prior to the advertised date.
MEME+ will not be distributed to individual wallets until after the PRESALE is over. Furthermore, MEMEPLUS reserves the right, in its sole discretion, to modify any of the PRESALE procedures or any of the timelines described in these Terms and Conditions due to, among other things, network congestion or other technical challenges.
RISKS
Cryptocurrencies, tokens, and digital assets are extremely volatile and carry a high degree of risk. Cryptocurrency markets can experience significant price fluctuations within short periods and there is no guarantee of profit or protection against losses. By using the SERVICES you expressly acknowledge and accept the risks associated with purchasing cryptocurrencies, holding cryptocurrencies, and using cryptocurrencies as disclosed and explained in the
Risk Disclosure Statement.
NO ADVICE
The information provided on the WEBSITE does not constitute tax advice, financial advice, legal advice, investment advice, trading advice, or any other sort of advice and you should not treat any of the WEBSITE's content or SERVICES as such. You should do your own research (DYOR) and consult your financial advisor before engaging in any activity in connection with the WEBSITE, SERVICES, or MEME+.
SYSTEM AVAILABILITY
MEMEPLUS will use reasonable efforts to ensure that the SERVICES are available at all times, except for reasonable periods of time for maintenance.
TAXES
In using the SERVICES, you may use third-party services. You are solely responsible for payment of any and all taxes owed as a result of using these SERVICES. You shall indemnify and hold MEMEPLUS harmless for any and all taxes, penalties, or interest claimed by any agency of government for payments made to you pursuant to these Terms and Conditions.
USE RESTRICTIONS
Your permission to use the WEBSITE is conditioned upon the following use, posting, and conduct restrictions:
Use of the SERVICES is subject to applicable laws in the country of your location. You may not use the SERVICES for any unlawful purpose or for the promotion of illegal activities. Furthermore, you may not use the SERVICES in a way that is detrimental to us, our TOKEN, or our administrative, promotion, developer, or moderator teams. This includes disparaging, tarnishing, harassing, or otherwise harming us and/or the SERVICES.
You may not use the SERVICES to hide proceeds of illegal activities or to launder illegally obtained cryptocurrency, tokens, or digital assets. Distribution of any part of the SERVICES without our explicit written permission is prohibited.
Harassment, abuse, or harm of another person or group is not permitted. You may not interfere or attempt to interfere with the proper functioning of the SERVICES. Additionally, any automated use of the SERVICES or related systems that imposes or potentially imposes an unreasonable or disproportionately large load on our servers or network infrastructure is prohibited.
Bypassing any robot exclusion headers or other measures we take to restrict access to the SERVICES, or using any software, technology, or device to scrape, spider, or crawl the SERVICES or harvest or manipulate data is strictly prohibited. Use of the SERVICES as part of any effort to compete with us is not allowed.
Furthermore, you may not circumvent, disable, or otherwise interfere with any security-related features of the SERVICES or features that prevent or restrict use or copying of content, or enforce limitations on use of the SERVICES or the content accessible via the SERVICES.
IRREVERSIBLE TRANSACTIONS
Exercise extreme caution and double-check all information you are entering when purchasing/selling cryptocurrency on the WEBSITE, any cryptocurrency exchange, or when transferring cryptocurrency to another account. By definition, cryptocurrency, token, or digital asset transactions are final. Once the transaction has been carried out, it cannot be reversed. You agree not to hold us liable for your monetary loss resulting from such an error.
INTELLECTUAL PROPERTY
Unless otherwise indicated, the WEBSITE is our proprietary property or is proprietary property that has been licensed to us, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the WEBSITE (collectively, the "CONTENT"), and the trademarks, logos contained therein (the "MARKS"), are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights. The CONTENT and the MARKS are provided on the WEBSITE "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the WEBSITE and no CONTENT or MARKS may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission. Provided that you are eligible to use the WEBSITE, you are granted a limited license to access and use the WEBSITE and to download or print a copy of any portion of the Content to which you have properly increased access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the WEBSITE, the CONTENT, and the MARKS.
LINKS TO OTHER SITES
Our WEBSITE and SERVICES may include links to third party websites, third party wallet providers or other service providers. If you use any links made available through our WEBSITE or SERVICES to reach other non-MEMEPLUS websites we make no warranties, either expressed or implied, concerning the content of such websites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. MEMEMPLUS is not responsible for the content of any linked site or any link contained in a linked site, and we shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such sites. MEMEPLUS provides these links to you only as a
convenience and the inclusion of any link does not imply recommendation, approval or endorsement of or responsibility for the information, services, or other content offered at such sites.
TERMINATION
MEMEPLUS may terminate your access to this WEBSITE at any time in the event of a breach of these Terms and Conditions. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the SERVICES; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the WEBSITE. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
DISCLAIMERS
THE TOKENS ARE SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. MEMEPLUS EXPRESSLY DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES AS TO THE TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. MEMEPLUS DOES NOT REPRESENT OR WARRANT THAT THE TOKENS ARE RELIABLE, CURRENT, ERROR-FREE OR DEFECT-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE TOKENS WILL BE CORRECTED. MEMEPLUS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TOKENS, THE USE OF THE TOKENS, OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MEMEPLUS DOES NOT WARRANT THAT THE USE OF THE TOKENS WILL BE UNINTERRUPTED.
As specified more fully in the
Risk Disclosure Statement, transactions using cryptocurrency and blockchain technology, such as those involving the sale of Tokens and the use of the WEBSITE, are at risk to multiple potential failures, including but not limited to, high network volume, computer failure, blockchain failure of any kind, and user failure. MEMEPLUS is not responsible for any loss of data, cryptocurrencies, Tokens, hardware or software resulting from (i) any such failures, or (ii) any actions taken by you in connection with the PRESALE.
The disclaimers and other risk disclosures contained in these Terms and Conditions will apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you.
LIMITATION OF LIABILITY
MEMEPLUS will not be liable for any consequential, incidental, special, direct, or indirect damages (including but not limited to lost profits, losses, or damages that result from the use or loss of use of the MEMEPLUS services and third-party content, inconvenience, or delay). This is true even if MEMEPLUS has been advised of the possibility of such damages or losses. MEMEPLUS will not be liable to you or anyone else (whether under contract, tort, including negligence, or otherwise) for any loss resulting from a cause over which MEMEPLUS does not have direct control. This includes, but is not limited to, the failure of electronic or mechanical equipment or communications lines (including telephone, cable, and internet), script errors, severe or extraordinary weather (including flood, earthquake, or other act of God), accidents, emergencies, or actions of the government. MEMEPLUS will not be liable for losses resulting from incorrect information entered when purchasing, selling, or transferring MEME+ tokens.
DISPUTE RESOLUTION
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") in which your or MEMEPLUS seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and MEMEPLUS (i) waive your and the MEMEPLUS's respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and MEMEPLUS's respective rights to a jury trial. Instead, you and MEMEPLUS will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
Any Dispute arising out of or related to these Terms is personal to you and MEMEPLUS 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.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either you or MEMEPLUS. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the location of our choosing. Except as otherwise provided herein, you or MEMEPLUS may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Clark County, Nevada, and you and MEMEPLUS hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either you or MEMEPLUS related in any way to the WEBSITE be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither you or MEMEPLUS will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the you or MEMEPLUS agree to submit to the personal jurisdiction of that court.
CHANGES AND MODIFICATIONS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be considered to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the WEBSITE after the date such revised Terms and Conditions are posted.
JURISDICTION AND APPLICABLE LAW
Except to the extent of any applicable law provided otherwise, the Terms and Conditions and any access to or use of our WEBSITE and SERVICES will be governed by the laws of the state of Nevada in the United States of America. The proper venue for any disputes arising out of or relating to the Terms and Conditions and any access to or use of our SERVICES will be in the courts located in Clark County, Nevada.
CONTACT
Effective as of September 27, 2024
Last Updated: December 3, 2024