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TERMS AND CONDITIONS

BACKGROUND:

Pikamoon is a technology platform which offers access to a GameFi metaverse called the Pikaverse featuring an in-game marketplace for users to buy, sell, and trade digital assets including cryptocurrencies and Non-Fungible Tokens (NFTs) which can be used to enhance and modify the user’s experience of the Pikaverse.

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and QBC Holdings Inc. (“we,” “us,” “our,” or “Company”), concerning your access to and use of the Pikamoon website (https://pikamoon.io/) and platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Platform”).

The information on the Platform is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws to the extent local laws are applicable.

Information on this platform is not in any circumstance financial advice. The Company nor any of its affiliates will or shall provide financial advice in any form.

Any purchase or sale you make, accept, or facilitate outside of the Platform will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions outside of this Platform.

This document contains very important information regarding your rights and obligations as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.

ACCEPTANCE OF THESE TERMS AND CONDITIONS:

Our services are only available to you upon acceptance of these terms and conditions. By using the services on our platform, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions of use, then you are expressly prohibited from using our services and you must discontinue use immediately.

By using the Platform or any part of it, or by clicking ‘I accept’ or indicating your acceptance in an adjoining box, you are confirming that you understand and agree to be bound by all of these terms.

CHANGES TO THESE TERMS AND CONDITIONS:

Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. 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 of 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 deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms and Conditions are posted.

APPLICATION OF THESE TERMS AND CONDITIONS:

These Terms and Conditions apply to all users of all of Pikamoon’s services, including individuals, merchants, and legal entities.

Pikamoon users are those who purchase and/or use Pikamoon or affiliated services.

The Platform is intended for users who are at least 18 years old. People under the age of 18 are neither permitted to register on the Platform, make sales or purchases, nor to make use of any of the Platform's services at all.

INTELLECTUAL PROPERTY RIGHTS:

You acknowledge and agree that the Platform and its Services are the property of Pikamoon or its licensors. Subject to your compliance with these Terms, Pikamoon grants you a limited right to access and/or use the Platform. The right to access and/or use the Platform is a non-exclusive, non-transferable, revocable, limited license and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any license (other than as set out in this section), right, title, or ownership of, in, or to any of the Platform.

You acknowledge and agree that Pikamoon retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Platform, the software and application programming interfaces (APIs) comprising the Platform, and all content therein. You acknowledge and agree that “Pikamoon,” their trademarks, service marks, logos, and graphics are the registered trademarks or trademarks of Pikamoon.

You are not permitted to create for commercial use fan art (digital or physical), merchandise, or similar content stemming from the Platform and its affiliated links and projects. If you create any fan-art for personal non-commercial use, the artwork must clearly state “Pikamoon Fan Art” and a link to the Platform at https://www.pikamoon.io/. Pikamoon reserves the right to determine if something is fan art/merchandise or not.

DATA PROTECTION:

In order to provide you with the Platform and its services, you acknowledge and agree that Pikamoon may collect, store, and process your personal data and/or information. By accessing and/or using the Platform, you acknowledge to have read, understood, and accepted the terms of Pikamoon’s privacy policy and you further acknowledge and agree that Pikamoon may use such data and/or information in accordance with the terms of its privacy policy.

USER REPRESENTATIONS:

By accessing and/or using the Services, you represent and warrant that you fully understand and have experience with cryptocurrency and NFT trading services and the risks associated with cryptocurrency trading activity and are familiar with the operation of metaverse and GameFi platforms.

By accessing and/or using the Platform, you acknowledge that there is no guarantee against losses of funds you may experience while accessing and/or using the Platform for trading, buying, or selling purposes.

You further represent and warrant that you are not entering into transactions that are beyond your financial abilities and that you are aware of the risks related to the online transfer of funds of all kinds for which you are solely responsible and liable for.

You acknowledge and agree that Pikamoon does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any currency or asset. If you are considering purchasing an asset of any kind as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation.

By accessing and/or using the Platform, you warrant that you are a bona fide user of Pikamoon’s services. By making use of any of the services offered by Pikamoon, including but not limited to the creation of an account, you confirm that you will not use Pikamoon’s Services in connection with any of the following businesses, activities, practices, or items, or any criminal activities whatsoever including but not limited to:

  1. Terrorist financing;
  2. Money laundering;
  3. Illegal gambling;
  4. Distributing or funding drugs and drug paraphernalia;
  5. Malicious hacking including payments for ransomware;
  6. Any business activity we believe poses elevated financial risk including legal liability, pyramid schemes, network marketing, and referral marketing programs;
  7. Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform;
  8. Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;
  9. Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Platform or its users);
  10. Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
  11. Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on Pikamoon’s Platform and Services;
  12. Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
  13. Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
  14. Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair, or inappropriate in any way to others which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
  15. Collecting or storing personal data about other users of the Platform; or
  16. Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.

USER REGISTRATION:

You will be mandatorily required to register an account and to sign up with a relevant digital address with the Platform to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.

To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account, its associated funds, or any of the information stored by Pikamoon.

PROHIBITED ACTIVITIES:

You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with Pikamoon.

The prohibited activities with regards to the Platform include but are not limited to:

  1. Systematically retrieving data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. Using the Platform in any unauthorized manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses;
  3. Using a buying agent or purchasing agent to make purchases on the Platform;
  4. Using the Platform to advertise or offer to sell goods and services;
  5. Circumventing or disabling or otherwise interfering with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform content or enforce limitations on the use of the Platform and/or the content contained therein;
  6. Engaging in unauthorized framing of or linking to the Platform;
  7. Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. Improperly using our support services or submitting false reports of abuse or misconduct;
  9. Engaging in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools;
  10. Interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
  11. Attempting to impersonate another user or person or use the username of another user;
  12. Selling or otherwise transferring your profile;
  13. Using any information obtained from the Platform in order to harass, abuse, or harm another person;
  14. Use of the Platform as part of any effort to compete with us or otherwise use Platform and/or the content contained within for any revenue-generating endeavor or commercial enterprise;
  15. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Platform;
  16. Attempting to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion of it;
  17. Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Platform to you;
  18. Deleting copyright or other proprietary rights notice from any content from or derived from the Platform;
  19. Copying or adapting the Platform’s software, including but not limited to HTML, JavaScript, or other code;
  20. Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Platform or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
  21. Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”);
  22. Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform or using or launching any unauthorized script or other software;
  23. Disparaging, tarnishing, or otherwise harming us and/or the Platform, such harm which is assessed and judged at our sole discretion and opinion; and
  24. Using the Platform in a manner inconsistent with any applicable laws or regulations.

YOUR ACCOUNT:

You cannot transfer, sell, or pledge Your Account to another person. This prohibition includes the transfer of any assets of value of any kind, including but not limited to ownership of accounts, earnings, deposits, rights, and/or claims in connection with these assets, legal, commercial, or otherwise.

The prohibition on said transfers also includes, however is not limited to, the encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation, and/or gifting in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation, and/or association in any way, shape, or form.

PAYMENT AND FEES:

Pikamoon reserves the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell via the Platform, any financial transaction where you elect to pay via a third-party payment gateway service requires you to abide by their terms and conditions.

Any third-party payment services used are not controlled by Pikamoon. You agree to use the third-party payment services at your own risk. You agree to indemnify Pikamoon from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.

TAXES:

You shall be solely responsible for any taxes applying to the payments you make or receive through the Platform and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that at the moment Pikamoon is not able to draft a taxation report concerning the operations executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.

PURCHASES AND REFUNDS:

To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Platform in relation to any transactions that may be refundable. Any refunds or compensation, whether monetary or otherwise, in relation to the Platform and your use of the Platform and all its features and assets are considered accepted or rejected at our sole discretion. This includes but is not limited to the following scenarios in which you may potentially suffer loss, harm, or damage:

  1. Accidental purchases made by you;
  2. Glitches, malfunctions, or other technical errors encountered on the Platform;
  3. Being made victim of another user’s fraud, deceit, prohibited activity, or misdemeanour;
  4. Fluctuating pricing by other users;
  5. Unreasonable pricing by other users;
  6. The use of the Platform and/or its features and assets in a manner not consistent with a relevant intended purpose.

TOKEN PRESALE:

In the event you participate in any of the PIKA Token Presale you acknowledge and agree to the following:

  1. The Company will no longer be supporting claiming of token presale post June 21, 2024 00:01 UTC (“Pre Sale-Support Closure Date”) thus you will permanently lose access to the tokens owing if you fail to claim prior to the Pre-Sale Support Closure date. There will be no way to recover tokens post Pre Sale-Support Closure Date.
  2. Your tokens are subject to a vesting schedule. The vesting schedule is dependent on the round you participated in. Please check our website for further details.
  3. You understand and accept that we are authorized to and shall only allow claiming of PIKA Tokens from the wallet address in which you had initially sent consideration from. Under no circumstance shall we allow you to claim PIKA Tokens from a wallet address that did not initially match the wallet in which initial funds had been sent from.
  4. When depositing placing consideration in return for PIKA tokens on our platform you acknowledge that you shall not receive PIKA Tokens instantly. Your PIKA Tokens shall be distributed to you on a future date designated by us in further communication.
  5. If a transaction originating from your wallet address directed to a wallet address controlled by the Company is not successful you authorize us in our sole discretion to cancel any related transaction or do anything necessary to complete the transaction.
  6. If an incorrect transaction is made by you or anyone on behalf of you, the Company will do everything reasonably possible to remedy the outcome but we do not guarantee that the outcome will be favorable to you.

SUBMISSIONS:

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Platform, the App, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial or otherwise, without acknowledgment from or compensation for you. You hereby waive any moral rights to any such Submissions and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD PARTY WEBSITES AND CONTENT:

The Platform may contain (or you may be sent via the Platform) links to other websites (“Third-Party Websites”) as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Platforms and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.

Any purchase you make through Third-Party Websites will be through other websites and from other companies and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

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