Happy Marmots Website

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THIS WEBSITE

These Terms of Use is entered into between you (hereinafter referred to as “you” or “your”), as a User and, on the other side, Happy Marmots (hereinafter referred to as “us”, “we” or “our”).

By using (in any possible way) our Services, you fully agree that you have read, understood, and accepted all the terms, conditions, representations, disclaimers and other provisions stipulated in these Terms of Use (hereinafter referred to as ‘’Terms of Use’’ or “Terms”). If you do not fully agree with any of the terms and conditions contained herein, please do not access the Platform and cease any personal use of the Services or use of the Services by any other person on your device.

When you decide to access, test or use specific features described or pre-available on the Platform, you may be subject to specific Additional Terms that will be available in the corresponding section (if applicable).

Accessing and using in any way our Services available on the Platform or other third – parties’ platforms, you fully acknowledge to be bound by these Terms and any Additional Terms and shall form a legal agreement and create a binding contract between you and Happy Marmots.

OAF APP S.R.L., a Romanian entity with headquarters at Bucharest, 122 Mihai Bravu Road, D27 Building, 1st Entrance, 2nd Floor, Ap. 6, 2nd District, which is the owner and the administrator of the Platform (”Happy Marmots”).

The Platform is designed to present our captivating and unique Happy Marmots NFT Collection harvesting exclusive utilities and features within the Aficionados App and the entire Aficionados ecosystem.

To contact us, please email at contact@happymarmots.io

Please bear in mind that all information displayed or otherwise available on the Platform are not meant to represent any kind of investment advice, exhort of engaging in any financial undertaking, risk or venture, recommendation to invest money, revenues or assets at stake, nor to take part in any strategy whatsoever.

The Platform is intended merely for informational purposes, and you must refrain from making any financial decision based on the data displayed therein or on any interpretation that you may construe based on such data.

Thus, we strongly recommend that you conduct your own research and seek professional advice or guidance before making any decisions based on the information provided on the Platform.

Each User acknowledges that the actual use of any NFTs included in the "Happy Marmots" NFT Collection is subject to additional terms and conditions. These terms and conditions may vary depending on the specific NFT and its associated utilities within the Aficionados ecosystem. It is recommended that users carefully review and agree to the specific terms and conditions provided for each NFT prior to use. The company reserves the right to modify, update, or discontinue the terms and conditions associated with the Happy Marmots NFT Collection at any time without prior notice. By using any NFTs included in the Happy Marmots NFT Collection, users agree to comply with the applicable terms and conditions.

It is incumbent upon all Users to understand and assume the risks associated with the use of any Cryptocurrencies, including Non-Fungible Tokens (NFTs) or other forms of blockchain-related assets or values. It is further recommended to exercise a high degree of caution and assume responsibility for any decisions made in relation to any Cryptocurrencies or to other forms of digital assets or values, bearing in mind that any actions taken shall be at your own risk.

Please take into consideration that the value of any Cryptocurrency on the open market may change by +/- 100% every second by reference to the acquisition price or by reference to any previous value.

By accessing and using the Services, you represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce.

Subject to the fulfilment of the foregoing Terms, Happy Marmots grants to any User a revocable, limited rights, royalty-free, non-exclusive, non-transferable, and non-sublicensable license ONLY to access the Platform and, if the case, use the Services through your computer or internet compatible devices for your personal/internal purposes. You are prohibited to use the Services for resale or commercial purposes, including operations on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function, and access rights regarding the Services should be stipulated in our discretion. We reserve all rights not expressly granted in these Terms. Therefore, the User is hereby prohibited from using our Services in any way not expressly authorized by these Terms.

To avoid any misunderstanding:

• these Terms only grant a limited license to access and use the Services. Therefore, you hereby agree that when you use our Services, we do not transfer our Services or the ownership or intellectual property rights of any intellectual property to you or anyone else.

• the content published, all the text, graphics, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the Services or provided as a part of our Services, are exclusively owned, controlled and/or licensed by Happy Marmots or its members, parent companies, licensors or affiliates.

Happy Marmots owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about the Services that you provide through any means of communication. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to us. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

The content on our site is provided for general information only. It is not intended to constitute advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content published on the Platform.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content posted by us on the Platform is either accurate, complete, or up to date.

Under no circumstances, should Ads or any other advertisement available on the Platform be construed as a Platform’s mandatory bid (business offer).

All information available on the Platform should be interpreted as a commercial presentation.

Please note that different rules and policies may be applicable for each feature or even for the same future if it is provided by different third parties.

During the use of our Services, you firmly assert that at any point you:

• fully comply with the requirements of Applicable Laws and regulations, as well as these Terms;

• do not violate other person’s rights, public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other person from using the Services;

• not try to identify any vulnerability of the Platform/Services (including the integration by third parties), or violate any security or authentication measures.

You expressly empower us to perform any action to identify and investigate any violation of these Terms and to unilaterally determine whether you have violated any provisions in connection therewith and take actions (without your prior consent or notice) such as, but not limited to:

• blocking and closing your ongoing activities;

• reporting the incident to the competent authorities;

• publishing the alleged violations and actions that have been taken;

• deleting any information, you published that are found to be violations.

It is strictly forbidden to conduct any action and/or activity which:

• is prohibited by our Terms, or may direct, or indirect violate its provisions;

• is related to illegal activities or with the purpose of causing harm to another person, regardless the way in which this purpose is done or achieved.

However, we do not undertake, and nothing contained herein should be construed as implying, any obligation to implement such reviews beyond the mandatory requirements of the applicable law.

You agree to indemnify and hold us, our affiliates, contractors, licensors, and their respective directors, officers, employees and agents harmless for and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of or conduct in relation to the Services, (ii) your breach of these Terms, or (iii) your violation of any applicable laws, regulation, or rights of any third party while making any use of the Services.

In such cases, we will have the right, in our sole discretion, to control any actions or proceedings and to determine whether we wish to settle, and if so, on what terms.

TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES OR PLATFORM. WE PROVIDE THE SERVICES AND THE WEBSITE “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”. YOUR USE OF THE SERVICES, INCLUDING OUR CONTENT WITHIN THE SERVICES/PLATFORM (and excluding the content posted by users), IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES/PLAFTORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE SERVICES/PLATFORM OR CONTENT LINKED FROM THE SERVICES OR WEBSITE, THE SUPPORT WE PROVIDE FOR THE SERVICES/PLATFORM, THE SPECIFIC FUNCTIONS OF THE SERVICES/PLATFORM, THE SECURITY OF THE SERVICES/PLATFORM, OR THE SERVICES’ OR PLATFORM’S RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES OR ANY OTHER AVAILABLE FEATURE OR REGARDING THEIR PROFITABILITY, ACTUALLY, ACCURACY, USABILITY ETC.

YOU UNDERSTAND AND ASSUME THAT ANY DECISION FOLLOWING OR IN CONNECTION WITH THE SERVICES, THE CONTENT AVAILABLE ON THE PLATFORM OR ANY OTHER AVAILABLE FEATURES IS BASED ON YOUR OWN RESEARCH AND RESPONSIBILITY.

SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.

PLEASE NOTE THAT THE INFORMATION PRESENTED THROUGHOUT THE PLATFORM OR AS A PART OF THE SERVICES IS NOT INTENDED TO BE, AND CANNOT BE, CONSTRUED IN ANY WAY AS A SOLICITATION OR AN OFFER:

TO BUY, SELL OR OTHERWISE TRADE ANY FINANCIAL INSTRUMENTS;

TO ACCESS ANY INVESTMENT SERVICES AND ACTIVITIES OR ANCILLARY SERVICES;

AT THE SAME TIME, WE DO NOT BELIEVE THAT THE SERVICES ARE INTENDED TO BE PROVIDED OR WOULD BE PROVIDED IF THEY WERE DEEMED TO FALL, DIRECTLY OR INDIRECTLY, INTO ANY OF THE ABOVE CATEGORIES.

IRRESPECTIVELY WHETHER ANY SECTION OF THE PLATFORM WOULD REFER TO OR DISCUSS POLITICAL, ECONOMIC, SOCIAL THEMES AND MARKET TRENDS, THIS IS ALWAYS MEANT AS BEING CARRIED OUT UNDER THE REPRESENTATIONS SET OUT WITHIN THIS SECTION 10. YOU SHOULD ACKNOWLEDGE THAT CRYPTOCURRENCIES ARE GENERALLY NOT CONSIDERED FINANCIAL INSTRUMENTS, WHILE THE UNREGULATED CRYPTOCURRENCY MARKET IS BASED ON UTILITY-TOKENS, PAYMENT-TOKENS OR TOKENS OF WHOSE CHARACTERISTICS ARE DEEMED TO LIMIT THE FINANCIAL USE THEREOF, THEREBY NOT CONSTITUTING PROPER INVESTMENTS. ANY ASSETS RELATED TO THE CONTENT OF ALL OUR SERVICES ARE STRICTLY SEEN AS PROMISING TECHNOLOGIES. THEREFORE, NO STATEMENT MADE IN CONNECTION WITH THE SERVICES MAY BE CONSTRUED AS AN UNLAWFUL TRADE IN FINANCIAL INSTRUMENTS OR AS PROFESSIONAL FINANCIAL ADVICE, AND SUCH SUBJECT MATTER MAY BE TOUCHED UPON ONLY INCIDENTALLY OR UNINTENTIONALLY.

WE ARE NOT RESPONSIBLE OR LIABLE FOR USERS’ DECISION TO ENGAGE IN ANY FORM OF INVESTMENT OR TRADING IN FINANCIAL INSTRUMENTS, NOR FOR ANY LOSS RESULTING IN SUCH CONNECTION. FURTHERMORE, THE SERVICES CANNOT BE CONSTRUED AS A MEANS OF EXERCISING FORCE, MALICE, MISLEADING, BUT ONLY AND STRITCLY UNDER THE REPRESENTATIONS LAID DOWN IN THIS SECTION 10, THE USER BEING SOLELY RESPONSIBLE FOR HIS/HER/ITS OWN USAGE OF THE CONTENT PROVIDED IN RELATION TO THE PLATFORM.

USERS ARE NOT GUARANTEED, NOR THEY SHOULD BE CONSIDERED TO ADVICED BY MEANS OF THE PLATFORM TO DEPLOY ANY FUNDS AS TO THE SUCCESS, EFFICIENCY, OUTPUT, VIABILITY, DIVIDENDS, REVENUE STREAMS, REALLOCATION OR OTHER TYPES OF FINANCIAL OUTCOMES IN WHAT CONCERNS ANY EXTERNAL PROJECTS, AS THEY MUST ALWAYS EXERCISE A HIGH DEGREE OF CAUTION, ASSESS THEIR OWN RISKS AND SEEK PROFESSIONAL ADVICE AND/OR ASSISTANCE, ACCORDING TO THESE TERMS OF USE.

ANY REFERENCES TO THE NOTION OF ‘ANALYSIS’ OR ANY SUCH TERMS SET OUT THROUGHOUT THE PLATFORM ARE NOT INTENDED TO AND CANNOT BE CONSTRUED AS REFERRING TO ANY KIND OF INDICES, MEASURES OR INVESTMENT OBJECTIVES, UNDER THE MEANING OF THE FINANCIAL SERVICES LEGISLATION.

THE PLATFORM IS NOT MEANT, NOR IT CAN BE CONSIDERED AS BEING OBLIGED TO PROVIDE METHODOLOGIES, PERIODIC FINANCIAL REPORTS, POLICIES, PROCESSES OR ARRANGEMENTS THAT ARE CONTRARY TO THE INTENTION EXPRESSED THROUGH THESE TERMS. FURTHERMORE, NO USER SHOULD EXPECT TO RECEIVE ANY KIND OF REPRESENTATION OR STATEMENT AS TO THE SUITABILITY, ACCURACY, RELIABILITY, DURABILITY OR ADEQUACY OF THE SERVICES.

PLEASE NOTE THAT NO USER IS TO BE CONSIDERED AS A PROFESSIONAL CLIENT, NOR AS A PARTICIPANT IN THE FINANCIAL MARKET, WHILE THEY SHOULD NOT BE DEEMED TO HAVE ANY REASON TO CONSIDER THEMSELVES AS SUCH.

WHILE USING THE SERVICES, NO REPRESENTATIONS ARE MADE REGARDING THE CONTRIBUTION TO ENVIRONMENT OR CLIMATE OBJECTIVES.

ANY CRYPTOCURRENCIES OR OTHER MARKETS’ DATA WHICH WOULD BE SET OUT AS A FEATURE OF THE PLATFORM SHOULD BE DRAWN FROM THIRD-PARTIES’ WEBSITES OR OTHER SUCH INFORMATIONAL SOURCES, FOR WHICH WE SHALL NOT BE HELD LIABLE IN ANY WAY AND YOU MUST ACCORDINGLY ABIDE BY THE RELEVANT ADDITIONAL TERMS.

IN CASE THAT YOU HAVE ANY REASON TO DISAGREE WITH ANY OF THE AFORE-MENTIONED REPRESENTATIONS, DO NOT HESITATE TO DULY AND IMMEDIATELY LET US KNOW ABOUT THIS POINT OF VIEW, BY MEANS OF THE CONTACT DATA PROVIDED UNDER SECTION 15 BELOW.

To the fullest extent permitted by Applicable Law, you agree and understand that we will not be liable for: any indirect, special, incidental, consequential, treble or other multiples of damages, exemplary or punitive damages arising from or in connection with these Terms or your use of the Services.

We and our affiliated entities shall not be held liable for any loss of profits, revenues, business opportunities, diminution in value or any other losses (collectively “Losses”) arising from or in connection with these Terms or your use of or access to the Services, including, but not limited to:

• downloading or sharing information, including personal information, during the use of our Services;

• services provided by third parties in connection with the Services;

• your dealings with or participation in promotional campaigns of third - parties found while using our Services.

We will not be liable for damages caused by others, the wrongful or unlawful actions of third parties, or an act of God. The limitations and exclusions in these terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.

To the fullest extent permitted by law and except as otherwise stated in these Terms, we are not liable in connection with any disputes that arise out of or relate to the herein.

We do not charge you to access the Platform. Instead, businesses and organizations may pay us to show you ads for their products and services. By using out Platform, you agree that we can show you ads that we think will be relevant to you and your interests.

We do not sell your personal data to advertisers, and we do not share information that directly identifies you with advertisers unless you give us specific permission.

We might change, add or remove parts of these Terms at any time and in our sole discretion. Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time.

We will notify such changes by simply updating the terms on our Platform and modifying the [Last revised] date displayed on this page.

All modifications or changes to these Terms will become effective upon publication on the Platform or release to users.

It is your responsibility to review the amended Terms. Your continued use of the Services following the changes to the Terms, you accept and agree to the changes, and that all subsequent activity performed by you will be subject to the amended Terms.

If you have any question regarding or in connection of the information mentioned in these Terms, please do not hesitate to do directly contact us.

The transfer of rights and obligations arising from these Terms and / or the use of the Platform is subject to our prior written consent.

You expressly agree that the we may unilaterally transfer all rights and obligations that may be stemming from these Terms without your consent.

If you wish to complain about content uploaded by other users, please contact us on contact@happymarmots.io

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the regulation which governs the Platform’s activity. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

To the maximum extent permitted by the Applicable Law, any invalid or unenforceable term or provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions thereof or the validity or enforceability of the offending term or provision in any other situation. To the maximum extent permitted by the Applicable Law, you and us, acting in good-faith, shall attest the nullity or unenforceability of the respective term or provision and shall replace it by a valid or enforceable term or provision which most accurately reflects the economic and legal purpose of the invalid or unenforceable term or provision.