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Terms and conditions

Terms and Conditions

Thank you for choosing https://brokoli.network/ (hereinafter – “Website”). The following terms and conditions (hereinafter – “Terms and Conditions”) apply to visitors of the Website. You should read these Terms and Conditions carefully to determine which provisions apply to you. By using any of the services, functions, or features offered from time to time on the Website (collectively or individually, the “Services”), the visitor (hereinafter - "you" or "your") agrees to these Terms and Conditions.

Interpretation and definitions

In these Terms and Conditions and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated: "Associates" means Brokoli and each and every one of its respective shareholders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, and attorneys; "Brokoli" means Brokoli OÜ, a private limited company incorporated in Estonia with company number 16245034 and whose registered office is Papiniidu tn 5 Pärnu, Pärnu Pärnumaa 80042; "Brokoli Marks" has the meaning set out in paragraph 13 of these Terms and Conditions; "Losses" has the meaning set out in paragraph 17 of these Terms and Conditions; "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity; "Prohibited Jurisdictions" means any country subject to UN sanctions, or any country where Services cannot be offered to a person, if the person or any created or organized entity, including, without limitation, any company, corporation or partnership is a citizen, resident of, or a person located or domiciled in the country, including its states, territories in or under the laws of the country, where Digital Currency or blockchain technology or Token sales are prohibited, or Token would be considered a security or Brokoli platform does not meet the legal requirements of the country; "Prohibited Use" has the meaning set out in paragraph 11 of these Terms and Conditions; "Service" means any of the services, functions, or features offered on the Website; "Website" means the Internet website https://brokoli.network/; "Terms and Conditions" means these terms and conditions, as they may be changed, amended, or updated from time to time; "you" or "your" means the visitor. The headings and subheadings in these Terms and Conditions are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer. Unless otherwise specified in these Terms and Conditions, words importing the singular include the plural and vice versa, and words importing gender include all genders.

Scope of Terms and Conditions

These Terms and Conditions provide general information regarding Brokoli Strong Holder offering (hereinafter – “SHO”) and using the Website. More detailed information regarding Brokoli SHO can be found here: https://daomaker.com/company/brokoli.

Acceptance and changes to Terms and Conditions

Any and all terms, conditions, licenses, limitations, and obligations contained within and on the Website are incorporated into these Terms and Conditions by reference, including, without limiting the generality of the foregoing, the following Website policies and pages: the Privacy Policy; the Risk Disclaimer and any other documents that might be announced in the Website. In particular, please note that all transactions of cryptocurrencies on or off the Website may be subject to fees. In the event of any inconsistency between these Terms and Conditions and any other pages or policies on the Website, Terms and Conditions shall prevail. By creating an account on the Website or by using any of the Services or any associated websites, APIs, or mobile applications, you acknowledge that you have read, understand, and completely agree to these Terms and Conditions in effect from time to time. If you disagree with these Terms and Conditions or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services. Some of the Services may not work properly from time to time. Brokoli may not be held responsible for any damages you may have because of any failures of the Website or Services. These Terms and Conditions may be amended, changed, or updated by Brokoli at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms and Conditions are current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms and Conditions, as modified by such amendments, changes, or updates. The use of the Website and any Services is void where prohibited by applicable law.

Creating your Account

To use certain features of the Services or to participate in SHO you may be required to provide Brokoli with certain personal information for Know Your Client (KYC) purposes, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Brokoli if any information changes. You hereby authorize Brokoli to, directly or through third parties make any inquiries Brokoli considers necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action Brokoli reasonably deems necessary based on the results of such inquiries and reports. You further authorize any and all third parties to whom such inquiries or requests may be directed to fully respond to such inquiries or requests. Brokoli may, in its sole discretion, refuse to allow you to establish an account or limit the number of accounts that a single user may establish and maintain at any time.

Participation requirements

Before taking any action with respect to participation in the SHO, you shall peruse and understand: These Terms and Conditions; Greenpaper of Brokoli; The Website and https://daomaker.com/company/brokoli; and Other relevant documents and information published by Brokoli. You shall refrain from purchasing Brokoli token (hereinafter – “BRKL”) until you understand and accept the documents identified above. By participating in the SHO you expressly acknowledge and represent that you have carefully reviewed the above-mentioned documents and terms and conditions, and fully understand the risks, costs, and benefits associated with BRKL and you agree to be bound by these Terms and conditions. You shall need to meet certain participation requirements set forth in Terms and Conditions and/or in the Website to participate in the SHO. You shall participate in the SHO only within such period and in such manner as set forth in the Website. Token is not offered to any citizens, and/or residents, and/or tax residents of Prohibited Jurisdictions. If you are a citizen, a resident and/or a tax resident of the Prohibited Jurisdictions or otherwise associated with these countries, you are not eligible to participate in the Token sale and cannot use BRKL in any way. Also, BRKL is not offered to citizens, residents, and/or tax residents of the United States of America (including all territories of this country). If you are a citizen, a resident and/or a tax resident of the United States of America (including all territories of this country) or otherwise associated with these countries, you are not eligible to participate in the SHO and cannot use BRKL in any way. Brokoli shall reserve the right to refuse to sell BRKL to anyone who does not meet the criteria necessary for their buying, as set out in these Terms and Conditions, the Website, and by the applicable law.

Token sale conditions

Token sale will be a virtual currency tokens sale known as a BRKL. Funds raised by Brokoli will be used towards the development of Brokoli as a project, to cover any expenses (for example salaries, licensing fees, marketing expenses, office rents of acquisition payments, investments in other projects, which may help Brokoli project to be developed, etc.) or other projects and ideas as decided by Brokoli. More detailed information regarding SHO can be found at the following website: [website/https://daomaker.com/company/brokoli]. The number of BRKL allowed for purchase by one person is not limited. The SHO conditions are indicated in more detail in the Greenpaper, Website, and [https://daomaker.com/company/brokoli]which are an integral part of these Terms and Conditions and you agree to be bound by them. Any detected double spends of cryptocurrency and/or tokens will result in no BRKL being provided to the relevant party. BRKL is available for purchase to eligible buyers only during the announced periods of the SHO period as indicated in these above-mentioned sources of information.

Limited license to Use the Website

If you comply with these Terms and Conditions, Brokoli grants you the limited right to use the Website and the Services. The right to use the Website and the Services is a personal, restricted, non-exclusive, non-transferable, revocable, limited license, and it is subject to the limitations and obligations in these Terms and Conditions. Nothing in these Terms and Conditions gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Website or any of the Services. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content, in whole or in part.

The Website and Services accuracy

Although Brokoli intends to provide accurate and timely information on the Website and while providing Services, the Website (including, without limitation, Services) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding Brokoli‘s policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Website are your sole responsibility and Brokoli shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by Brokoli. You acknowledge and agree that Brokoli is not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party Websites accessible or linked to the Website.

Risks and Limitation of Liability

 Trading and cryptocurrencies markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable for knowing the true status of any position or contract with any other party on the Website, even if presented incorrectly by the Website at any time. You acknowledge and agree: to be fully responsible and liable for your actions and inactions on the Website or SHO and all gains and losses sustained from your use of the Website and any of the Services or participation in SHO; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Website or SHO; and to be fully responsible for safeguarding access to, and any information provided through, the Website and any of the Services, including, but not limited to, private keys, usernames, passwords, and bank account details. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your accounts by third-parties and the loss or theft of any Digital Currency and/or funds held in your accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your account profile in order to receive any notices or alerts that Brokoli may send you. Brokoli assumes no responsibility for any loss that you may sustain due to compromise of account login credentials and/ or failure to follow or act on any notices or alerts that Brokoli may send to you. In the event you believe your Brokoli account information has been compromised, contact Brokoli‘s Support immediately at [e-mail]. There is no guarantee against losses on the Website. Brokoli cannot guarantee to stop losses. Brokoli will not be and is not responsible for any other party using the Website.

No Class Proceedings

You and Brokoli agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Brokoli user cannot and may not affect any other Brokoli users.

Prohibited Uses

You may not: Use the Website or any Services, or participate in SHO in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband crypto or Fiat Currencies, funds, or proceeds; Use the Website or any Services, or participate in SHO with anything other than funds, keys, or cryptocurrencies that have been legally obtained by you and that belong to you; Use the Website or any Services to interfere with or subvert the rights or obligations of Brokoli or the rights or obligations of any other Website customer or any other third party; Use any inaccurate information presented by the Website or by Brokoli or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach; Use the Website or any Services to engage in conduct that is detrimental to Brokoli, or to any other Website customer or any other third party; Falsify any account registration details provided to Brokoli; Falsify or materially omit any information or provide misleading information requested by Brokoli, including at registration; Reverse-engineer, decompile, or disassemble any software running on the Website; Attempt to harm Brokoli or any third party through your access to the Website or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law; Where you are a resident or national of a Prohibited Jurisdiction access the Website or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location; Distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters; Use a web crawler or similar technique to access Brokoli‘s Services or to extract data; Take any action that imposes an unreasonable or disproportionately large load on Brokoli‘s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; Transmit or upload any material to the Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; Otherwise attempt to gain unauthorized access to the Website, other Brokoli‘s Accounts, computer systems or networks connected to the Website, through password mining or any other means; or Transfer any rights granted to you under these Terms; or, Violate these Terms and Conditions. Any use as described in this paragraph shall constitute a "Prohibited Use". If Brokoli determines that you have engaged in any Prohibited Use, Brokoli may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to law enforcement or other authorities; terminating your access to any Services.

Anti-Money Laundering and Know Your Customer policy

Brokoli is committed to providing you with safe, compliant, and reputable Services. Accordingly, Brokoli insists on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. Brokoli needs to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and Brokoli hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with Brokoli or abandon your application to have an account with Brokoli. Brokoli reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time. In lieu of refusing registration, Brokoli may perform an enhanced customer due diligence procedures. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Website and any Service.

Intellectual Property

Brokoli and the Brokoli logos, the URLs representing the Website, trade names, wordmarks, and design marks (hereinafter - "Brokoli Marks") are trademarks of Brokoli OÜ or its related companies. In addition, all page headers, custom graphics, design, button icons, scripts, source code, content are copyrighted by Brokoli. You agree not to appropriate, copy, display or use the Brokoli Marks or other content without express, prior, written permission to do so. Unless otherwise indicated, all materials on Brokoli are © Brokoli. You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on the Website or one of Brokoli‘s social media accounts, regarding Brokoli, or the Services (hereinafter collectively - "Feedback") that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Brokoli. Brokoli will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Representations & Warranties

You represent and warrant to Brokoli as follows: That, if you are an individual visitor, you are 18 years of age or older and that you have the capacity to contract under applicable law; That, if you are not an individual visitor, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the customer; That you understand the risks associated with using the Website, Services, participation in SHO, and you are not otherwise prohibited by law from using the Website, Services, and participation in SHO; That you will not use the Website or any Services or SHO in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband cryptocurrencies or proceeds; That you will not use the Website or any Services, or participate in SHO with anything other than cryptocurrencies that have been legally obtained by you and that belong to you; That you will not falsify any account registration details provided to Brokoli; That you will not falsify or materially omit any information or provide misleading information requested by Brokoli in the course of, directly or indirectly relating to, or arising from your activities on the Website or use of any Services, including at registration; That any instructions received or undertaken through your login credentials or from your authorized e-mail address on file with Brokoli are deemed to be valid, binding, and conclusive, and that Brokoli may act upon those instructions without any liability or responsibility attaching to it; and, That you will fairly and promptly report all income associated with your activity on the Website pursuant to applicable law and pay any and all taxes eligible thereon; That you understand that cryptocurrencies are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. You agree that Brokoli is not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.

No Representations & Warranties by Brokoli

Brokoli makes no representations, warranties, or guarantees to you of any kind. The Website and the Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. Brokoli does not represent or warrant that the Services and information contained therein are accurate, complete, reliable, current, or error-free. You also acknowledge that any information that you store or transfer using the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, third party protocol changes, internet outages, third party denial of Service attacks, acts of God or unscheduled maintenance. You are encouraged to back up and safeguard your information, including login credentials, at all times.

No Advice

Brokoli does not provide any investment advice or merits of any particular transaction or their tax consequences, trading techniques, models, algorithms, or any other schemes. Any information provided on the Website or received when you are using any of the Services is only for informational purposes and you are solely responsible for any decision you make based on that information. The purchase price that you pay for the BRKL is exclusive of all applicable taxes. You are solely responsible for determining what, if any, taxes apply to the purchase of the Tokens, including sales, use, value-added, and similar taxes. None of the Brokoli parties bear liability or responsibility with respect to any tax consequences to you arising from the purchase of the Tokens.

Limitation of Liability & Release

 Important: Brokoli assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to: These Terms and Conditions; The Website, and your use of it; The Services, Platform, BRKL, and your use of any of them; SHO Any inaccurate, misleading, or incomplete statement by Brokoli or on the Website whether caused by Brokoli’s negligence or otherwise; Any failure, delay, malfunction, interruption, or decision (including any decision by Brokoli to vary or interfere with your rights) by Brokoli in operating the Website, SHO or providing any Service; Any stolen, lost, or unauthorized use of your account information any breach of security or data breach related to your account information, or any criminal or other third party act affecting Brokoli or any Associate; or, Any offer, representation, suggestion, statement, or claim made about Brokoli, the Website, or any Service by any Associate. You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

No Waiver

Any failure by Brokoli to exercise any of its respective rights, powers, or remedies under these Terms and Conditions, or any delay by Brokoli in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Brokoli does not prevent either from exercising any other rights, powers, or remedies.

Force Majeure

In addition to applicable disclaimers stated above, Brokoli is not responsible for damages caused by delay or failure to perform undertakings under these Terms and Conditions when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyber-attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Brokoli is excused from any and all performance obligations and these Terms and Conditions.

Assignment

These Terms and Conditions, and any of the rights, duties, and obligations contained herein, are not assignable by you without the prior written consent of Brokoli. These Terms and Conditions, and any of the rights, duties, and obligations contained herein, are freely assignable by Brokoli without notice or your consent. Any attempt by you to assign these Terms and Conditions without written consent is void.

Severability

If any provision of these Terms and Conditions, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms and Conditions continues in full force and effect.

Survival

All provisions of these Terms and Conditions which by their nature extend beyond the expiration or termination of these Terms and Conditions, including, without limitation, sections pertaining to suspension or termination, Brokoli‘s account cancellation, debts owed to Brokoli, the general use of the Website, disputes with Brokoli, and general provisions, shall survive the termination or expiration of these Terms and Conditions.

Governing Law and governing language

Jurisdiction of the United States of America (including all territories of this country) is specifically excluded from these Terms and Conditions. Brokoli reserves the right to change the jurisdiction of Brokoli and these Terms and Conditions at any time in its own discretion, as well as use any parent companies, subsidiaries, and/or other affiliated companies for the execution of these Terms and Conditions, Brokoli’s products and Services and other activities related to Brokoli’s business. The interpretation, validity, and enforcement of these Terms and Conditions, and all legal actions brought under or in connection with these Terms and Conditions, shall be governed by the law of Estonia. Any disagreements or disputes between you and Brokoli, arising from these Terms and Conditions, shall be settled by negotiations between you and Brokoli. In case of failure to reach an agreement in 14 (fourteen) days, any disputes, disagreements or claims, arising from this Agreement or related to it, its breach, dissolution or validity, that have not been solved by you and Brokoli, shall be settled in the competent court of Estonia, according to the seat of Brokoli. You agree that these Terms and Conditions, Brokoli Privacy Policy, and other notices posted through the Website and/or Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.