Terms of Use

Last modified: 12 December 2021

Welcome to Magic Square! 

The Services (as defined below) are provided to you by Magic Square Int Ltd (“Company“) through its website located at www.magicsquare.io (“Website“). These Terms of Use govern your use of the Services. 

Please carefully read these terms of use (“Terms“) as well as our privacy policy, which we may update from time to time, a current version of which is available here (“Privacy Policy“). 

By accessing the Services, you agree to the Terms, Privacy Policy and Risk Disclaimer located here. “User” means a user of the Services. If you do not agree to the Terms and Privacy Policy, you should stop using the Services immediately and not use or review any of the information that is provided through the Services. 

We may revise the Terms at any time without notice by updating this Website. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of the Services. Any use of the Services by you after our publication of any such changes shall constitute your acceptance of these Terms as modified. We may, at our sole discretion and at any time, discontinue providing the Services or any part thereof without notice.

Use of the Services

The Company is providing you with certain information with regards to the Magic Square project and use of the Services, which may be launched in the future, and any decision concerning the possible launch of which is in the Company’s sole discretion.

The “Services” include the Website, as well as any service, content or material provided through or related to the Website, and any service or material provided to the User by the Company.

The Services are not, nor should they be considered as the provision of investment advice, portfolio management, financial advice or any other financial service, or investment services or activities, or ancillary services under any applicable law. 

Use of and access to the Services is void where prohibited by law.

The use and access to the Services is specifically prohibited for citizens, nationals, residents (tax or otherwise), or any  person, legal or natural, organized in, or national card holders of each of, among others: (i) China, Russia, Vietnam, Ecuador, Algeria, Columbia, Bolivia, Turkey, Egypt, Israel, North Macedonia, Nepal, Morocco, Canada, United Kingdom, United States of America (USA); or (ii) a country or territory that is the subject of country wide or territory wide sanctions, embargoes, or other restrictive measures administered or enforced by any country or government or inter-governmental organization; (iii) any other jurisdiction which prohibits the possession, dissemination or communication of the Available Information or prohibits participation in the Collectibles or receipt of Collectibles or any such similar activity (collectively, the “Restricted Jurisdictions“) or any other Restricted Persons are not permitted to use or access the Services. The term “Restricted Persons” refers to any person, firm, company, partnership, trust, corporation, entity, government, state or agency of a state or any other incorporated or unincorporated body or association, association or partnership (whether or not having separate legal personality) that is established or lawfully existing under the laws of a Restricted Jurisdiction.

By using the Services, you represent and warrant that you have reached the age of majority both in the territory you reside in and in the territory of your citizenship, and in addition that you have reached the age of 18, and that your use of the Services does not violate any applicable law or regulation or any obligation.

Links

Portions of the Website involve linking to websites belonging to third parties. During the use of the Services you may also be provided with links to access the websites of third party service providers. We have no control over third party sites, and all use of third party sites is at your own risk. Additionally, Company cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Company is not responsible for content available by means of such sites. Company does not endorse any products offered by third parties and we urge our users to exercise caution in using any third party sites.

Intellectual Property

Company owns (or has valid authorizations or licenses required for) the Website, as well as the materials provided through the Services, including all worldwide intellectual property rights in the Website, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any content appearing on the Website. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Website. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Company or any third party.

You may not or attempt to: (i) decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; (ii) circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content; (iii) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; or (iv) harvest, collect or mine information about Users of the Services.

User Content

You hereby represent that with respect to any content you may upload to the Website, including without limitation, any text, photo, or other material (“User Content“) that: (i) you own or have the right to post such User Content; and (ii) such User Content, or its use by the Company as contemplated by these Terms does not violate any agreement or any other rights set forth in these Terms, applicable law, or the intellectual property, publicity, personality, or other third party rights.

In addition, you undertake that any such User Content will not consist of: (i) false, misleading information and/or misappropriation of any information; (ii) obscene, offensive, profane, unlawful content or any content which, subject to Company’s sole discretion, may harm or risk the Company’s good name and reputation; (iii) infringe the rights of others; (iv) any action that is otherwise prohibited by any applicable laws, regulations or directives; or (v) statements about the Company or any other website connected to the Company that are untrue, malicious or damaging to the Company.

The Company assumes no responsibility in connection with any User Content, nor does it endorse or claim authenticity of any User Content that may be uploaded or used through any third party links on the Website. The Company, in its sole discretion, has the right to remove any User Content on the Website and take any further action which the Company deems necessary. This does not relieve you of your responsibility of adhering to any of the above prohibitions. 

You consent to our providing the User Content to third party service providers in connection with the Services.

No Warranty

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THE COMPANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE). INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (WHETHER UNDER APPLICABLE LAW OR OTHERWISE). 

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR ACCESS TO THE SERVICES WILL BE ACCURATE, FREE OF ERROR, COMPLETE, UNINTERRUPTED, CONTINUOUS, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES AND BUGS. THE COMPANY MAKES NO REPRESENTATION CONCERNING THE FULL OR PARTIAL FUNCTIONALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES. IN THE EVENT OF ANY COMPLAINT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVICES.

YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.

YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE SERVICES.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE COMPANY SERVICES OR THESE TERMS OF USE, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

Indemnification

You hereby agree to indemnify and hold the Company, its officers, directors, employees, or agents harmless for any claims, matters, complaints, costs, liabilities and actions arising out of your use of the Services, including but not limited to: (i) your failure to comply with applicable laws; (ii) any claim of infringement or misappropriation of any third party rights, including but not limited to any privacy rights or intellectual property rights in the Services; (iii) your breach of these Terms; or (iv) your use or misuse of the Services. You agree to promptly notify the Company of any third party claims and fully cooperate with the Company in defending such claims at your sole expense. You further agree that, at Company’s sole discretion, Company shall have control of the defense or settlement of any such claims

Miscellaneous

These Terms shall be governed by and interpreted in accordance with the law of British Verging Islands exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms shall be brought exclusively in the courts of Road Town British Verging Islands and you irrevocably consent to their jurisdiction. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining provisions of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Company or authorizes you to act on behalf of Company. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment shall be null and void. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Any translation of these Terms of Use is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language and in the event of a dispute, the English language version shall prevail. Any translation provided may not accurately represent the information in the original English language version of these Terms.

How to Contact us?

The best way to get in touch with is to contact us at: [email protected] We’d love to hear your questions, concerns, feedback, or complaints about our Services. When contacting us we request that you include identifying information such as your name and email address, and the issue for which you have feedback, questions, or complaints, so we can address your matter appropriately.