Terms of Service
Last Updated: 14 July 2023
Welcome to our Taki Terms of Service (“Terms”). These Terms are provided by Taki Network Pte. Ltd. and our affiliates (referred to as “we”, “us”, “our” and “Taki”) and govern your use of this and our other websites, webpages, platforms, applications, games, products and services (collectively, our “Site”). Throughout these Terms, we will refer to you as “you” and “User”.
Our Site is provided to you to enable you to support and interact with other users and content creators. Our Site enables you to engage with, interact with, receive support from, and reward other users, your community, your friends and your fans. These Terms constitute a binding, legal agreement between you and us and apply to all Users who access or use our Site.
OUR SITE IS STILL IN ITS PRE-RELEASE BETA TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF THIS BETA TESTING IS TO OBTAIN FEEDBACK ON PERFORMANCE AND IDENTIFY DEFECTS. ANY DOWNLOADING OR UPLOADING OF MATERIAL TO OR FROM OUR SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. OUR SITE MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO ITS GENERAL COMMERCIAL RELEASE, NEVER RELEASED, OR WITHDRAWN AFTER RELEASE. THE PROGRESS, DATA, PURCHASES AND DIGITAL ASSETS (DEFINED BELOW) ACQUIRED DURING THIS BETA PERIOD MAY BE ALTERED, REDUCED, DELETED OR INACCESSIBLE WHEN OUR SITE IS FULLY RELEASED. BETA ACCOUNT PROGRESS AND ASSETS MAY ALSO BE RESET AT ANY TIME WITHOUT NOTICE TO ACCOMMODATE TESTING NEEDS.
IMPORTANT NOTICE – LIMITATION OF LIABILITY, WAIVER OF REPRESENTATIVE ACTION PROCEEDINGS, & ARBITRATION REQUIREMENT: THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS THAT YOU WAIVE AND WILL NOT HAVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A REPRESENTATIVE ACTION OR OTHER CONSOLIDATED OR REPRESENTATIVE CAPACITY. SEE “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” BELOW FOR MORE INFORMATION.
You may have the opportunity on our Site to earn, redeem and otherwise use various digital currencies, non-fungible tokens and other assets (“Digital Assets”). As with any asset, the value of Digital Assets can go up or down, and there can be a substantial risk that you lose value buying, trading, donating and exchanging Digital Assets. You should carefully consider whether trading or holding Digital Assets is suitable for you in light of your financial condition. Taki is not registered with any securities commission and does not offer securities services in any jurisdiction.
Certain portions, features, or functionalities of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with this agreement; in the event of such a conflict, the Additional Rules will control.
Changes to our Site
We may update our Site often, and the effective date of these Terms will be included at the top of this webpage. You acknowledge and agree that we may change or discontinue any part of our Site, products and services at any time, with or without notice to you.
Your continued use of the Site after the Effective Date constitutes your acceptance of any amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Site and to print out a copy of these Terms for your records. If you have any questions about these Terms, please send an email to support@taki.app.
Account Creation
We may request some information from you to get you set up with an account on our Site, including your name and your contact information, like your mobile phone number, email address and/or social media and social messaging handles. The information that you provide may be subject to additional verification. You may be able to access the Site by logging in with or linking to other games, game platforms or applications or social media platforms, in which case such accounts and platforms may pass such information directly to us. You agree that you will provide us with accurate, true, and complete information about yourself whenever you are prompted to provide us with information, and that you will update such information whenever it changes. Your failure to do so may constitute a breach of these Terms.
You agree that you will maintain the security of all information that you provide to us, and that it is solely your responsibility to keep your username, passwords, devices used to access the Site, and all other materials secure and confidential. We assume that any transaction initiated or activity that takes place through your account using your credentials is authorized by you. If you become aware of any unauthorized access to your account or any transaction made through your account that was not authorized by you, it is your responsibility to let us know immediately by contacting us at support@taki.app. It is important that you regularly check your account to ensure that all activity that occurs on it was authorized by you. We are not liable for any damages or losses that you incur due to unauthorized access, unless you have notified us immediately as indicated above. You may not sell or otherwise transfer your account or any portion thereof.
Eligibility
If you access or use our Site, you represent and warrant that (i) you are not a U.S. person or a resident of the U.S., (ii) you are at least the age of majority in your jurisdiction, or have signed permission from your parent or legal guardian to access or use our Site, (iii) you are legally competent and able to be bound by these Terms, and (iv) you have not been previously banned from using our Site for any reason. If you are unable to make these representations and warranties or don’t agree to any part of our Terms, you may not access or use our Site.
If you are under the age of majority in the jurisdiction in which you reside, and you are interested in being a User on our site, you may only sign up through your parent or legal guardian who represents and warrants that: (A) they are your parent or legal guardian and agrees to these Terms; (B) they are not barred or prohibited from creating a Taki account; and (C) they are responsible for complying with all applicable laws and regulations relating to your participation on our Site and agree to indemnify the Taki Parties if they breach any of these Terms.
Digital Assets
As described above, through the Site, you may have the opportunity to earn, redeem and otherwise use various digital currencies, non-fungible tokens and other assets (collectively, “Digital Assets”). Digital Assets are not legal tender and are not backed or insured by any government.
While the Site may provide information about the estimated value of Digital Assets, including the cryptocurrency TAKI, and may include information about their historical value, the fiat value of all Digital Assets are subject to volatility and change, and Digital Assets could lose their value, both on an individual as well as a network-wide basis. Taki does not directly control and is not responsible for the value of any Digital Assets and makes no guarantee, express or implied, of their value in fiat. In addition, Digital Assets that you may use on the Site and on the Taki Network, may not be freely tradable or exchangeable outside of the Site or the Taki Network. You acknowledge and agree that any purchase of or transaction in Digital Assets conducted by you or on your behalf is made voluntarily, willfully, and exclusively at your own risk.
In addition, you acknowledge and agree that Taki does not offer securities-related services in any jurisdiction. You also acknowledge and understand that Taki is not a money transmitter and works with third party licensed money transmitter and compliance services entities to conduct regulated transactions, if any. Taki does not provide investment, financial, tax, or legal advice. The information and applications provided in connection with the Site do not constitute investment advice, financial advice, trading advice, or any other sort of advice, and should not be treated by any user as such. Taki makes no recommendation and, apart from providing estimated value or historical value data in certain circumstances, does not provide any advice about the actual present fiat value of any Digital Asset.
Virtual Items
While engaging with the Site, you may have the opportunity to earn in-app items, reward points, or currencies (“Virtual Items”). You do not own the Virtual Items and the Virtual Items do not have any monetary value, and Taki shall have no liability for loss of Virtual Items due to any unauthorized third party activity. We grant you a limited license to use the software programs that manifest themselves as the Virtual Items. Taki reserves the right to make changes to the Virtual Items and any programs relating to earning, redemption and use of Virtual Items at its discretion at any time. You may not sublicense, trade, transfer, sell or attempt to sell Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without Taki’s written permission. Any such transfer or attempted transfer is prohibited and void.
Redemptions; Transactions; Limitations
You may have the opportunity to redeem Virtual Items for reward items, like gift cards or Digital Assets. If you submit a redemption request, we will deduct the applicable number of Virtual Items from your account. Redemption requests are irreversible. Taki will use its best efforts to process redemption requests, but does not ensure that such requests will be honored or that all redemptions are successful. Taki is not liable for your inability to use a reward item due to jurisdictional or other limitations. You may only make a redemption request once per day.
You may have the opportunity to engage with Digital Assets or engage in various transactions with mainnet protocols. You may also be able to move your Digital Assets to your mainnet cryptocurrency wallet. You may be charged fees for certain transactions, and if so, such fees will be disclosed to you. In addition, you may be required to provide information prior to the completion of a transaction for purposes of identity verification and detection and prevention of fraud, money laundering, terrorist financing and other financial crimes. Taki reserves the right to cancel or reject any transaction for which you provide incomplete or incorrect information, or that Taki believes in its discretion may be in violation of these Terms.
Taki is not responsible for reporting or paying any taxes or processing fees in respect of any rewards that you receive as a result of redemptions. You are responsible for and agree to promptly pay all charges, including applicable taxes and processing fees relating to your redemptions.
PLEASE NOTE: Your ability to use all features on the Site may be limited, depending on your place of residence. Because of jurisdictional restrictions, while you may be able to earn or redeem rewards, including Digital Assets, on the Site, and otherwise interact with the Site, you may be restricted from certain other transactions, including exiting your Digital Assets to the mainnet, and, accordingly, any value you hold or acquire on the Site will be locked. Please contact support@taki.app for further information.
Third Party Services
Taki will partner with third party service providers, including cryptocurrency exchange partners, transaction and payment processors, payment services providers and compliance services providers, to manage transactions on the Site. Such third party service providers may charge certain transaction fees. You agree that you will provide us with all the information that we reasonably request, and that if you register with a third party services provider designated by us, you will provide all information required by such third party services provider in order to process payments or transactions. It is your responsibility to ensure that all information provided to us and to any third party services provider is accurate, true and complete. In addition, you agree that your account with any third party services provider is subject to all terms, conditions and privacy policies of such provider. You agree that you are solely responsible for payment of the fees, costs and expenses of a third party services provider in connection with your transaction that may be incurred by you and, in some cases, deducted from your payments. We are not responsible for any delay, failure, damage, or liability caused by a third party services provider, any other third party, a force majeure, or your failure to timely or properly provide us with requested information, or, with respect to third party services provider, your failure to timely or properly set up an account with the payment services provider or otherwise provide requested information for completion of a transaction.
If Taki believes that fraud or attempted fraud, circumvention of any of these Terms or the Taki Privacy Policy, or any violation of law or regulation is taking place with respect to any payment or transaction, we may take action to withhold, delay, or cancel the transaction, or seek repayment of payments associated with such fraud or violations, in our sole discretion.
Ownership
If you earn or otherwise receive Digital Assets on the Site, such Digital Assets are owned by you. Taki will record these Digital Assets in your account for your benefit, and Taki will have no title or ownership rights over such Digital Assets. As the owner of the Digital Assets, you will bear all risk of loss with respect to such tokens. Taki will have no liability for any change or fluctuation in the value of any Digital Assets.
User Representations and Warranties
By using the Site, you represent and warrant the following:
All registration information you submit is true, accurate, current, and complete, and you will maintain the accuracy of such information and promptly update such registration information as necessary;
You will not create a false identity, create a false account or accounts, create multiple accounts, or impersonate any person or organization;
You will only use one account to earn rewards within the Site;
You will not access the Site through automated and non-human means, whether through a bot, script or otherwise to access, collect data, damage, disrupt or interfere with uses of our Site or systems, or transmit any virus, worm, Trojan or other malware or spyware to or through the Site;
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site, or copy or obtain information from our site for competitive purposes;
You will not use the Site for any illegal and unauthorized purpose, and your use of the Site will not violate any applicable law or regulation;
You own or possess all rights needed to grant the license and other rights that you’ve granted in these Terms, and your compliance with these Terms will not violate any agreement or terms that you have agreed to with any third party;
You will not engage in actions that are abusive, racist, sexist, discriminatory, harassing, harmful, threatening, hateful, derogatory, pornographic, indecent, profane, obscene, or otherwise objectionable;
You will not take actions to abuse or manipulate token rewards, including actions to earn more rewards than are intended on a per individual basis, such as intentionally or repeatedly posting content of low quality or otherwise taking actions that are detrimental to the community or the token rewards system;
You will not use the Site for commercial purposes or to advertise third party products or services other than Taki’s products and services, unless specifically approved by us;
You are not a convicted sex offender; and
You have not been included in any trade embargoes or economic sanctions list.
Your breach of any of these representations and warranties will constitute a breach of these Terms. Determination of whether or not you have breached any representation or warranty will be made at our sole discretion. If you breach these Terms, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, and your rewards, Digital Assets and account balances may be forfeited.
License; Content
If you decide to use the Service through a mobile application (“Application”), subject to your agreement and compliance with these Terms, the Privacy Policy, and applicable terms and conditions of our partners, Taki hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by you. You may only play on one device at a time. You may not have multiple accounts, even if you have multiple devices.Taki also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. Taki can terminate this license at any time and with or without any reason. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it.
The Site contains copyrighted material, trademarks and other proprietary information, including videos, comments, articles, information, catalogs, brochures, data, text, software, photos, and graphics ("Content"). This Content is subject to copyrights owned by Taki, its affiliates, and/or its licensors, and is protected by domestic and international intellectual property laws. You may not either directly or through the use of any device, software, internet site, web-based service, or other means, modify, publish, transmit, stream, upload, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of the Site or any portion of such Content except as expressly provided herein. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, stream, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. You may not introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or damage, disable, overburden, impair, or gain unauthorized access to the Site, including Taki’s servers, computer network, or user accounts. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate local or international copyright, trademark, and/or other laws.
Third Party Websites and Services
Certain third party services may be required for you to transact on our Site and to use our products and services. These third party service providers may include: third party payment processors and payment services providers, compliance service providers, custodial service providers, wallet operators, authentication service providers, application developers and others. You represent that you are legally competent and able to agree to the terms and conditions of such third party service providers as such terms and conditions may be updated and amended from time to time.
The Site may contain advertisements from third parties. While we are responsible for the placing of advertisements in our Services, to the extent that advertisements are made available, we do not control or review the specific content of each advertisement. We will take reasonable efforts to ensure that the Site does not contain inappropriate or offensive advertisements. Please report any advertisement that you find inappropriate or offensive to support@taki.app.
The Site may also contain links to third-party websites and services, including social media and the sites that are linked through advertisements (collectively, “Linked Sites”). Linked Sites are not under our control, and we take no responsibility for any information or materials on, or any communications or transmissions received from, any Linked Site. By including a link on our Site to the Linked Site, we are not endorsing the Linked Site. We provide links to Linked Sites for your convenience only, and your access Linked Sites is done at your own risk.
Additional Mobile Application Terms
With respect to an Application designed for use on an Android-powered mobile device (an “Android App”), you acknowledge that these Terms are between you and Taki only, and not with Google, Inc. (“Google”). Your use of the Android App must comply with Google’s then-current Google Play Terms of Service. Taki, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
Privacy
Please review our Privacy Policy, which describes how we collect information on the Site and how we use, process and share it. Without limiting the terms of our Privacy Policy, you agree by using our Site that we do not and cannot guarantee that your use of the Site and the information provided by you or to you through the Site will be private or secure. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Site. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
Disclaimers Of Warranties & Limitations Of Liability
UNLESS EXPRESSLY PROVIDED OTHERWISE, OUR SITE AND ANY ASSOCIATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We specifically disclaim all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. We do not warrant that (a) the Site will meet your requirements, (b) operation of the Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Taki does not warrant that the Application will be compatible with your mobile device. Any oral or written advice provided by us or our authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (Z) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, PRODUCTS AND SERVICES.
The disclaimer of liability detailed above will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
Indemnification
You agree to indemnify and defend us and our affiliates and our respective directors, officers, agents, employees, principals, successors, assigns, subsidiaries or affiliates (collectively, “Taki Parties”) from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against us by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects our rights or obligations may be made without our prior written approval.
Governing Law
The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including a dispute regarding the existence, validity or termination of these Terms).
Dispute Resolution
YOU AND WE AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND WE WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.
YOU AND WE FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR REPRESENTATIVE ACTION MEMBER IN ANY PURPORTED REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
With the exception of disputes that qualify for small claims court and disputes involving Taki’s intellectual property, you and Taki agree that if there is any dispute between you and the Taki Parties arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes"), both parties shall first attempt in good faith to settle any Covered Dispute by providing written notice to the other party describing the facts and circumstances of the Covered Dispute and allowing the receiving party 30 days in which to respond to or settle the Covered Dispute. Both you and Taki agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
We will provide such notice by mail or e-mail using the contact information on file with us and you must provide such notice by mail to Taki Network Pte. Ltd., 7 Straits View #12-00, Marina One East Tower, Singapore 018936, Attn: Legal Department.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
Payment of all filing, administration and arbitrator fees will be governed by the SIAC's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, we will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration that we paid on your behalf, which you otherwise would be obligated to pay under the SIAC's rules.
We and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither we nor you are entitled to arbitrate any Covered Dispute as a representative action and the arbitrator will have no authority to proceed on a representative basis.
If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a representative arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred.
By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against us under the laws of any jurisdiction outside of Singapore are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in Singapore according to the terms of this Section.
Termination
These Terms automatically terminate, and your rights to use our Site, products and services also terminate, if you fail to comply with any aspect of our Terms. In addition, we may terminate, suspend or modify your account or your access to the Site, with or without notice to you, at any time for any reason. If you wish to terminate your participation on our Site, please provide us with written notice of your desire to terminate via email to support@taki.app.
If your account is terminated with rewards or balances still associated with your account, and such balances were not received or earned as a result of any breach of our Terms, you can reach out to us via email to support@taki.app for more information on how to retrieve such balances. If balances are associated with your account, and Taki is unable to contact you or has no record of your use of the Site for an extended period of time, Taki may be required by law to report such balances as unclaimed property. If we are unable to contact you through your contact information that we have on record to deliver such balances, we may be legally required to deliver such balances to the applicable jurisdiction as unclaimed property.
Termination of these Terms or your account will not limit any of our other rights or remedies. Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.
Jurisdictional Issues; Taxes
You are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Site to any person or geographic area at any time. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Site by any taxing authority.
Miscellaneous
These Terms, together with our Privacy Statement and any Additional Rules, contain the entire understanding by and between us and you with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.
These Terms (i) inure to the benefit of and will be binding upon us and you and your successors and assigns, respectively, and (ii) may be assigned by us, but you may not assign them without the prior express written consent of us.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
If we or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in these Terms will be deemed to constitute us or you as the agent or representative of the other or as joint venturers or partners.
If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
The headings and captions contained herein are for convenience only.
These Terms and all related documentation will be drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
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