Terms of Use
Last updated: 18 Nov 2024
These Terms of Use (“Terms”) represent a legally enforceable contract established between you, either as an individual or on behalf of an organization (“you”), and Glorious Pepememe Inc, along with its subsidiaries and associated companies (“Company,” “we,” “us,” or “our”). This agreement regulates your access to and utilization of the website found at pepememe.io (“Website”), in addition to any other media format, media channel, mobile site, or mobile application that is related to, linked with, or otherwise associated with it.
BY INSTALLING ANY APPLICATION OR OTHERWISE ACCESSING OR UTILIZING ANY PART OF THE WEBSITE, YOU ACKNOWLEDGE THAT, WITHOUT LIMITATION OR EXCEPTION, YOU HAVE READ, COMPREHENDED, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT CONSENT TO THESE TERMS, PLEASE DISCONNECT YOUR WALLET AND ANY OTHER ASSOCIATED ACCOUNTS (IF CONNECTED), STOP USING THE WEBSITE, AND EXIT IMMEDIATELY. IF AN INDIVIDUAL IS ACCESSING THE WEBSITE ON BEHALF OF A CORPORATE ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO OBLIGATE THAT CORPORATE ENTITY TO THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. THE TERM “YOU” SHALL REFER TO BOTH THE CORPORATE ENTITY AND THE INDIVIDUAL ACCESSING THE WEBSITE ON BEHALF OF THAT CORPORATE ENTITY.
1. GENERAL TERMS AND CONDITIONS
1.1 Utilization. The Website offers information, news, updates, and organizes campaigns pertaining to the Pepememecoin ecosystem. To clarify, we do not and cannot control activities and data on the Blockchain, the validation of transactions on the Blockchain, or the use of the Blockchain.
1.2 The utilization of the Website is licensed to you, not sold, and you may only use the Website as outlined in these Terms. The use of the Website may be subject to additional third-party terms of use, such as the Terms for Fire Sale and Terms for Airdrop, as well as fees, including, but not limited to, the terms of use and fees imposed by your mobile network provider (“Carrier”), which include charges for data usage and overages, and are solely your responsibility.
1.3 Your access to and utilization of the Website is governed by the Website’s Privacy Policy found here (“Privacy Policy”). You agree to the collection, use, and disclosure of your personally identifiable information in accordance with this Privacy Policy.
1.4 If you engage in or otherwise take part in a campaign organized by us, such as, but not limited to, farming, you agree to adhere to the specific rules of that campaign in addition to these terms. These specific rules will be detailed on the Website. The Company reserves the right to modify or update the specific rules of the campaign at any time for any reason.
1.5 We are not a cryptocurrency wallet provider, exchange, broker, financial institution, or lender. We organize the Website to deliver information, news, updates, and events related to the Pepememecoin ecosystem. By using our Website, you acknowledge and authorize us to handle any on-chain activities through our smart contract on your behalf.
1.6 You may only utilize the Website for personal and non-commercial purposes. Any other use of the Website requires our prior written approval.
1.7 Eligibility. Access to the Website and participation in any campaign organized by us is intended solely for individuals or corporate entities that meet the following criteria (“Eligible Person”), and you hereby represent and warrant to us as follows:
1. (a) You are at least eighteen (18) years old, or the age of majority in your jurisdiction, whichever is greater, and possess the full right, power, and authority to enter into and adhere to these Terms;
2. (b) You, and in cases where you are accepting these Terms on behalf of a corporate entity, your ultimate beneficial owners, affiliated corporations, directors or officers, employees, agents, or any other individuals acting on your behalf are not:
1. (i) subject to sanctions administered or enforced by the British Virgin Islands, Singapore, the European Union, any country within the European Union, the United Nations Security Council, the United States of America, the Office of Foreign Assets Control, or any other country or governmental authority (including the Monetary Authority of Singapore);
2. (ii) a citizen of, located in, residing in, or organized under the laws of any jurisdiction designated as a high-risk area subject to calls for action by international anti-money laundering principles or procedures from an intergovernmental group or organization, such as the Financial Action Task Force (as of the date of these Terms, these include the Democratic People’s Republic of Korea, Iran, and Myanmar);
3. (iii) a citizen of, located in, residing in, or organized under the laws of any of the following jurisdictions:
1. A) Democratic Republic of Congo;
2. B) Libya;
3. C) Somalia;
4. D) South Sudan;
5. E) Sudan;
6. F) Russian Federation;
7. G) Yemen; or
4. (iv) a foreign or domestic politically exposed person (i.e., in relation to politically exposed persons, this refers to individuals who are or have been entrusted with prominent public functions by a country, such as heads of state or government, senior politicians, senior government, judicial or military officials, senior executives of state-owned enterprises, or significant political party officials);
3. (c) Your access to the Website and participation in any campaign organized by us will fully comply with all applicable laws.
(d) You are not permitted to access the Website and/or participate in any campaign organized by us if you are not an Eligible Person or are acting on behalf of a person who is not an Eligible Person and must disconnect your Wallet and any linked accounts, cease usage of and exit the Website immediately.
1.8 Modifications. As the Website may evolve over time, we reserve the right to amend these Terms to align with the changing functionalities of the Website. You therefore agree that the Website may modify these Terms at any time without prior notice, other than posting an updated version of the Terms on the Website or within our App. We will make an effort to provide you with advance notice of any significant changes and may require you to take affirmative action to acknowledge your agreement to the revised Terms before you continue to access the Website. You can view a current, effective copy of these Terms at any time at
[https:// https://pepememe.io/terms-of-use]. The updated Terms will take effect upon posting on the Website, and your continued use of the Website after that time will signify your acceptance of the revised Terms. If any modification to these Terms is unacceptable to you, your only remedy is to cease using the Website. Notwithstanding the previous statements in this Section 1.3, no changes to these Terms will apply to any dispute between you and us that arose before the effective date of those changes.
1.9 Consideration. We currently provide you with access to the Website at no cost. In exchange for this free access, you acknowledge and agree that we may generate revenue (including, but not limited to, through the sale of advertising and sponsorships), enhance goodwill, or otherwise increase the value of the Pepememecoin ecosystem from your use of the Website, and you will have no right to share in any such revenue, goodwill, or value whatsoever. We may, at our sole discretion, eventually impose fees for access to certain features on the Website. We will notify you in advance of any such changes before they take effect. Even if we charge you a fee for using the Website, you will not have any right to share in the revenues we collect from you or other users, nor in any goodwill or value created.
1.10 Jurisdiction. The Website is managed and operated by Glorious Pepe Inc, a business company registered in the British Virgin Islands (BVI). We make no claims that the materials on the Website are suitable, lawful, or available for use in any locations other than the BVI. Those who choose to access or use the Website from locations outside the BVI do so at their own risk and are responsible for complying with local laws, if applicable. Accessing the Website from jurisdictions where the content or practices of the Website are illegal, unauthorized, or penalized is strictly forbidden.
1.11 Mobile Uses. The Website will be accessible via mobile phones, tablets, or other wireless devices (collectively, “Mobile Uses”). Your mobile carrier’s standard messaging, data, and other rates and fees will apply to your use of the Mobile Website. Additionally, downloading, installing, or using certain Mobile Uses may be restricted or prohibited by your mobile carrier, and not all Mobile Uses may be compatible with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Uses are available for your mobile device(s), what restrictions may apply to your use of the Mobile Uses, and the associated costs. Nonetheless, all use of the Website and related Mobile Uses must comply with these Terms.
1.12 Additional Terms. We may require you to agree to additional terms and/or policies that we make available to you from time to time in connection with your use of the Website (“Additional Terms”). Unless expressly stated otherwise in the Additional Terms, such Additional Terms are incorporated into and governed by these Terms, and these Terms will prevail in the event of any conflict or inconsistency with the Additional Terms, unless the Additional Terms explicitly supersede a term in these Terms.
ACCOUNTS
2.1 Accounts: To access the full features of the Website and/or participate in any campaigns organized by us, you may need to create an account on the Website or register and log in by linking your account from supported external services, such as X, Discord, Meta, Google, etc. The Website can also connect to your email address, wallet address, Ethereum, or any other Blockchain network account. You may only use the Website in conjunction with accounts that you own or are authorized to use.
INTELLECTUAL PROPERTY RIGHTS
3.1 License. Subject to your full and ongoing compliance with these Terms, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to: (i) download, access, and use an object code version of the App on any device that you own or control; and (ii) access and use all other parts of the Website, solely for your personal use. Any third-party code that may be integrated into the Website or App is governed by the applicable open-source or third-party license, if applicable.
3.2 Content. The content that we provide to users on or through the Website, including, but not limited to, any sound recordings (and the musical works embodied therein), audiovisual works (and the sound recordings and musical works embodied therein), text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights owned by us or our third-party licensors (collectively, the “Content”). You may not copy, reproduce, make available online, transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any of the Content without our written permission or that of our third-party licensors. These Terms do not transfer to you any of our or any third party's intellectual property rights, and all rights, titles, and interests in such property will remain solely with us. Furthermore, we exclusively own all design rights, databases, compilations, and other intellectual property rights related to the Website, whether registered or unregistered, along with any associated goodwill.
3.3 Marks. Any trademarks, service marks, and logos used and displayed on the Website are the Company’s registered and/or unregistered trademarks or service marks. Any other product and service names found on any part of the Website may be trademarks or service marks owned by third parties (collectively, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage us or the applicable third party, our or a third party’s products or services, or in any manner that may harm any goodwill associated with the Trademarks. You may not use any Trademarks as part of a link to or from any website without our prior express written consent. All goodwill generated from the use of any Company’s Trademark will solely benefit us.
3.4 Reservation of Rights. We reserve all rights not expressly granted to you in this Section 3. Therefore, nothing in these Terms or on the Website shall be interpreted as granting you, by implication, estoppel, or otherwise, any additional license rights in relation to the Website or any Content or Trademarks displayed therein.
3.5 Functionality. Certain features and functionalities may be available only on the Website or the App, but not both. We may, at our sole discretion, provide functionalities across both the Website and the App, and may disable functionalities, either temporarily or permanently, at any time without any liability to you.
NO IDEAS ACCEPTED
4.1 We generally do not seek unsolicited ideas regarding the Website from external sources, including, but not limited to, suggestions about advertising or promotions, merchandising of any products, enhancements to our Website, or changes in our business practices. We may already be working on or may in the future develop a similar idea. If, despite this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence, and we assume no obligation, either expressed or implied, by considering it. You further acknowledge that we shall exclusively own all known or future rights to the idea worldwide, and that such idea is hereby irrevocably assigned to us. Without limiting the above, to the extent that any such assignment is deemed unenforceable, and to the extent necessary for us to utilize your submission, you hereby grant us an irrevocable, perpetual, worldwide license to use the idea and any related intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
EXTERNAL SERVICES
5.1 The Website may include links to or the ability to share information with third-party websites and services (“External Services”) that are not maintained by us, including features that allow you to connect your access on the Website with an account on External Services, such as X, Instagram, Facebook, and Google, or to interact with blockchain and cryptocurrency providers. We do not endorse any External Services or the content available on such External Services. All External Services and their content are developed and provided by others. If you have any concerns regarding the services and content on those External Services, you should contact the site administrator or webmaster of those External Services. We are not responsible for the services, practices, or content of any External Services and do not make any representations regarding the uses, practices, content, or accuracy of any materials on such External Services. You should exercise caution when downloading files from any website to protect your computer and mobile devices from viruses and other harmful programs. If you choose to access any External Services, purchase any content from them, or subscribe to services offered by such External Services, you do so at your own risk. You agree that we will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Services.
RESTRICTIONS
6.1 A User must not do or attempt to do any of the following, or use the Website to engage in any of the following actions:
(a) use the Website in any way that could damage, disable, overburden, or impair any service provided or function of the Website, or interfere with any other party’s use or enjoyment of the Website;
(b) gain unauthorized access to the Website, other accounts, computer systems, or networks connected to the Website through hacking, password mining, or any other means;
(c) obtain or attempt to obtain any materials, content, or data through any means not intentionally made available through the Website;
(d) manipulate any content on the Website through hacking, backdoor code insertion, or any other means;
(e) decompile, reverse engineer, or disassemble the Website;
(f) infringe upon or misappropriate the Company’s and its Affiliates’ Intellectual Property Rights or the Intellectual Property Rights of any individual;
(g) use the Website in any manner that could harm or is detrimental to the Company’s reputation; and/or
(h) use the Website in any manner or for any purpose that is unlawful or prohibited by these Terms or any other notices and conditions that the Company and/or its Affiliates may issue from time to time.
TERM AND TERMINATION
7.1 Term. These Terms commence as of your first use of the Website and continue until terminated by either you or us.
7.2 Termination. You may terminate these Terms by sending written notice to us at support@pepememe.io. We reserve the right, at our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Website at any time without prior notice or liability if you breach any provision of these Terms or infringe upon the rights of any third-party copyright owner. We may also terminate these Terms immediately for any other reason, with or without notice to you. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
7.3 Survival. Sections 1.3, 1.8, 1.9, 1.10, 1.11, 1.12, 2.1, 3.2, 3.3, 3.4, 5, 7, 8, 9, 10, 11, 12.1, and all defined terms used therein will survive the termination of these Terms indefinitely.
LIMITATIONS ON LIABILITY AND WARRANTY DISCLAIMER
THE FOLLOWING TERMS IN THIS SECTION 8 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
8.1 NEITHER WE NOR OUR AFFILIATES (COLLECTIVELY, THE “PARTIES”) MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES AND ANY CONTENT AVAILABLE ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. THE PARTIES WILL NOT BE LIABLE FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAMED ON THE WEBSITE FOR ANY REASON. AS A USER, YOU AGREE THAT YOU USE THE WEBSITE AND ANY CONTENT THEREON AT YOUR OWN RISK.
8.2 THE PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, OR THAT THE WEBSITE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
8.3 THE WEBSITE AND ALL CONTENT THEREON, AS WELL AS ANY MERCHANDISE PURCHASED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
8.4 ALL MERCHANDISE PURCHASED ON THE WEBSITE, WHETHER FROM US OR A THIRD PARTY, IS SUBJECT ONLY TO ANY APPLICABLE WARRANTIES FROM THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES REGARDING THE MERCHANDISE LISTED OR PURCHASED ON THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURES, CLAIMS DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
8.5 IN NO EVENT WILL ANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ARISING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE WEBSITE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO U.S. $100.
8.6 TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE WEBSITE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
DISPUTE RESOLUTION
9.1 Any dispute, controversy, or claim arising under, out of, in connection with, or relating to these Terms, including any dispute regarding its existence, validity, interpretation, performance, breach, or termination, as well as any dispute concerning non-contractual obligations arising out of or in connection with it, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre in effect at that time, with the arbitration being administered by the Singapore International Arbitration Centre. The arbitral tribunal shall consist of one (1) arbitrator. The seat of the arbitration shall be Singapore, and the language of the arbitration shall be English. This arbitration agreement shall be governed by the laws of the British Virgin Islands.
INDEMNITY
10.1 To the maximum extent allowed by law, you agree to defend, compensate, and protect the Parties from any claims, actions, or demands, including, but not limited to, reasonable legal and accounting expenses, that arise from: (a) your violation of these Terms; (b) your access to, use, or misuse of Content or the Website; (c) any infringement by you of any of these Terms; and (d) any breach of applicable law by you. We will notify you of any such claim, lawsuit, or proceeding. We reserve the right to take over the exclusive defense and management of any issue that requires indemnification under this Section if we believe that you are unwilling or unable to defend our interests. In that event, you agree to assist with any reasonable requests to support our defense of that issue at your own cost.
CONSENT TO ELECTRONIC COMMUNICATIONS
11.1 By utilizing the Website, you agree to receive specific electronic communications from us as detailed in the Privacy Policy. We encourage you to review the Privacy Policy to understand your options concerning our electronic communication practices. You acknowledge that any notifications, agreements, disclosures, or other messages we send to you electronically will meet any legal requirements for communication, including the stipulation that such communications be in written form.
GENERAL
12.1 General Provisions. These Terms will be governed by and interpreted in accordance with the laws of the British Virgin Islands, without regard to conflict of law principles. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website. If any provision of these Terms is deemed invalid by a court with appropriate jurisdiction, the invalidity of that provision will not impact the validity of the remaining provisions, which will continue to be in full effect. The Company’s failure to enforce any provision of these Terms shall not be interpreted as a waiver of that provision or any other provision. No waiver will be effective against us unless it is in writing, and no such waiver will be interpreted as a waiver in any other or future situation. Except as explicitly agreed upon by both the Company and you, these Terms represent the complete agreement between you and us regarding the subject matter herein, superseding all prior or contemporaneous agreements, whether written or oral, related to this subject. The headings of the Sections are for convenience only and carry no legal significance. These Terms will benefit our successors and assigns. You may not transfer these Terms or any rights or licenses granted herein, directly or indirectly, without our prior written consent. We may transfer these Terms, including all rights herein, without any restrictions.
12.2 Force Majeure. Notwithstanding any other provisions in these Terms, the Company shall not be held liable for any failure to perform, errors, interruptions, or delays in fulfilling its obligations under these Terms if such issues are caused, in whole or in part, directly or indirectly, by circumstances beyond the Company’s reasonable control, including any Force Majeure events.
12.3 Expenses. Each party to these Terms will be responsible for their own costs and expenses incurred in relation to the use of the Website, the execution of these Terms, and the fulfillment of their respective obligations. For clarity, each User will be responsible for any transaction, administrative, network, or gas fees that may be necessary for the User to access the Website or participate in a campaign organized by the Company.
12.4 Tax Responsibilities. Each User is solely responsible for determining whether receiving any tokens under these Terms has tax implications in their jurisdiction. By accepting these Terms, and to the extent allowed by applicable laws, the User agrees not to hold the Company, its Affiliates, representatives, employees, directors, or agents liable for any tax obligations arising from the receipt of tokens. The User is fully responsible for withholding, collecting, reporting, paying, settling, and/or remitting any taxes to the relevant tax authorities in jurisdictions where the User may owe taxes due to (i) receiving tokens under or in connection with these Terms. The Company will not be responsible for withholding, collecting, reporting, paying, settling, or remitting any taxes owed by the User (including, but not limited to, income, capital gains, sales, value-added, or similar taxes) that may arise from the User’s receipt of tokens under or in connection with these Terms.
12.5 No Partnership. Both we and you will operate independently and will not be considered partners, joint venturers, agents, employees, or employers of each other. You do not have the authority to assume or create any obligations on our behalf, whether expressed or implied, and you shall not attempt to bind us to any agreements.
5. 12.6 Contact Information. If you have any inquiries regarding these Terms or the Website, please reach out to us at support@pepememe.io
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