Momentable

TERMS OF SERVICE These Terms of Service (the “Terms”) govern your (“you”, “your”, or “user”) access and use of the Momentable platform for creating and managing NFT-based products and experiences (the “Platform”) offered by NEXT DECENTRUM TECHNOLOGIES INC. (“we”, “us” or “our”). BY ACCESSING AND USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE PLATFORM. PLATFORM & FEES. Subject to the terms and conditions herein, and any other supplementary terms for the Platform provided by us, including payment of any applicable fees (the “Fees”), we provide you with access and use of the Platform. We may, at any time and from time to time, modify the Platform in our sole discretion. Any changes in the Platform may require a change in applicable Fees. COMMUNICATIONS WITH US. You hereby consent to receiving marketing communications from us via email from time to time. You may opt-out at any time from such communications by emailing us at: [insert contact Email]. Please note that opting out of certain communications may affect your ability to use the Platform. INTELLECTUAL PROPERTY. We are and will remain the sole and exclusive owners of all right, title and interest (including intellectual property rights) in and to the Platform. Except as expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, you own all intellectual property rights in the content and data you submit to the Platform (collectively, the “User Content”), and we own all intellectual property rights in the Platform and all related components and information therein. You grant us a non-exclusive, worldwide, royalty-free, transferrable and sublicensable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform the User Content for the purpose of providing the Platform. We may retain and own a copy of any non-personally identifiable or aggregated data generated and/or collected by us through your use of the Platform. DISCLAIMER. THE PLATFORM IS PROVIDED “AS IS”, AND WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INTERRUPTION, NON-INFRINGEMENT, SUITABILITY, UPTIME, QUALITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. FOR CERTAINTY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE RESULTS OF YOUR USE OF THE PLATFORM, AND ANY INFORMATION OR MATERIALS OBTAINED BY YOU FROM THE PLATFORM. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE PLATFORM IN OUR SOLE DISCRETION WITHOUT NOTICE AT ANY TIME AND FROM TIME TO TIME. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY MATERIALS, PLATFORMS, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR PLATFORM AND/OR USED IN CONJUNCTION WITH OUR PLATFORM (COLLECTIVELY, THE “THIRD PARTY PLATFORMS”). YOUR USE OF ALL SUCH THIRD-PARTY PLATFORMS WILL BE AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD-PARTY SERVICE PROVIDERS. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS AND USE OF THE PLATFORM AND/OR ANY THIRD-PARTY PLATFORM. RELEASE & INDEMNIFICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (THE “CLAIMS”) OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE PLATFORM. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES AS A RESULT OF THE USER CONTENT YOU PROVIDE TO US AND YOUR USE OF THE PLATFORM. GENERAL. We may modify these Terms at any time, so please review them periodically. By continuing to use the Platform after any modification, you consent to be bound by the modified Terms. These Terms will be governed and construed in accordance with the laws of the Province of British Columbia. As used in these Terms, the word “include” or “including” means “include, but not be limited to” or “including, but not limited to.” Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver under these Terms will be effective unless made in writing. Unless otherwise expressly agreed between us and a user in writing, these Terms, together with our Privacy Policy and any other supplementary terms provided by us to you, constitute the entire agreement with respect to the subject matter herein, and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. The invalidity or unenforceability of any provisions of these Terms will not affect the validity or enforceability of any other provision of these Terms, which will remain in full force and effect. These Terms reflect an independent contractor relationship, and do not create a partnership, joint venture, agency, fiduciary or employment relationship. Any notice, report or other communication required or permitted to be given by us will be deemed to have been received if sent to your last known address or email address. These Terms may not be assigned by you. We may assign these Terms at any time and from time to time upon delivery of notice to you. These Terms will bind you and your successors.