TERMS
By using BEMEOWs Platforms or Services, you acknowledge and agree that you have fully read, understood, and accepted these Terms. You acknowledge that these Terms are binding. You agree to always comply with these Terms and not to violate these Terms at any time.
By agreeing with these Terms you also agree to our Privacy Policy.
1.1 “BEMEOW” (also referred to as “we”, “us” or “Beats of Meow”) is a Web3 Music Label owned and operated by XTH CRAFT UG in Germany.
1. Definitions
a) To protect the physical integrity of the individuals in charge of BEMEOW within the context of high risks in Web3 (and especially so-called memecoins), we do neither reveal on our website or on other publicly accessible sources, the exact location of our premises, nor the identities of our responsible management board.
b) We base the forementioned procedure on the right to protection of life and limb (Article 2, Section 2 of the German Constitution). However, you may at any time contact BEMEOW per email via mgmt@bemeow.club, and demand receiving the withheld information to seize your rights (e.g. data protection according to the GDPR) or claim fulfillment of our duties relating to you, and we will properly respond within a reasonable time to accordingly comply.
c) Where you should discover or receive (whether from us or by thirds) any of the forementioned information that we publicly withhold according to the forementioned reasons, you warrant to treat such information confidentially and indemnify BEMEOW where your violation of this warranty should result in damages for BEMEOW.
d) You warrant not to engage in using BEMEOWs Platforms or Services in any way, if you do not agree with the forementioned provisions. By engaging in using BEMEOWs Platforms or Services, you waive to take legal action (or commission an agent to take legal action on your behalf) against us for such procedures and any of your rights that may be (temporarily) limited by the forementioned procedures. You acknowledge that these rights are subordinate to our constitutional right to protection of life and limb, and that a risk to life and limb is given as explained in the forementioned context.
1.2. “BEMEOW Platforms” are any digital or physical infrastructure or space (whether operated by BEMEOW or by a third party) that enable you or thirds to interact with BEMEOW, BEMEOW Services or BEMEOW Users, e.g. social media, applications, websites, blockchains, video games, points of sale and events.
1.3. “BEMEOW Services” are any digital or physical interactions within BEMEOWs scope of influence (whether usage is tied to costs, subscriptions, fees, or free of charge), which are enabled by BEMEOW Platforms, provided those interactions are not illegal by applicable law or restricted by the underlying Terms or other rules or guidelines. mentioned by BEMEOW and accessible to you on BEMEOW platforms, e.g. using tokens issued by BEMEOW for purposes offered by BEMEOW, messaging functions, content creation functions, commercial or non-commercial distribution of content, exercising rights that BEMEOW Users may grant to BEMEOW, music players, mail ordering, digital social interactions and referral programs. BEMEOW Services may include physical or digital products offered by BEMEOW, such as merchandise, event tickets or tokens.
1.4. “BEMEOW Users” are private persons or corporate entities that engage in using BEMEOW Platforms and/or Services.
2.1. By using BEMEOW Platforms or Services, you affirm that you are at least 18 years of age, legally competent to enter into a binding agreement, and not prohibited from doing so by any law or regulation, applying to you or your or our jurisdiction.
2. Eligibility and Authorized Use
2.2. You represent and warrant that you are not a citizen, resident, or entity of a country or currently located in a country where using BEMEOW Platforms or Services is prohibited by law, regulation, or decree. It is your sole responsibility to ensure compliance with applicable laws and regulations.
2.3. You represent and warrant that you are not involved, and have not been involved, and will not engage in violating the underlying Terms, or any criminal activities regarding money laundering, terrorist financing, tax evasion, fraud, or any other significant financial crime.
2.4. BEMEOW reserves the right to conduct background checks and screening procedures to verify whether or in how far you meet the forementioned criteria of eligibility and authorized use to use BEMEOW Platforms or Services.
2.5. Should BEMEOW discover reasonable indication that you do not or do not fully meet the forementioned criteria of eligibility and authorized to use BEMEOW Platforms or Services, BEMEOW reserves its rights to limit, refuse, cancel, terminate and/or revert your use BEMEOW Platforms or Services and/or any benefits you may have received hereof, and take any reasonable legal action to enforce these rights and prevent or mitigate any related harm, damage or loss from BEMEOW or BEMEOW Users.
2.6. BEMEOW may ask you at any time for reasonable proof of eligibility and authorized use to use BEMEOW Platforms or Services, and you agree to provide such proof within 14 days after such a request. Should you fail or delay providing such proof, we may at our discretion (and eventually irreversibly) deem your usage of BEMEOW Platforms or Services as not eligible and/or unauthorized use.
3. Business Purpose and Service Limits
3.1. BEMEOW is focused on creating art, supporting artists and fans, and developing and/or providing technical platforms and services to create, process and distribute music, related art, merchandise, to organizing events and performers.
2.7. BEMEOW shall not be liable for any loss, damage, or legal consequences arising from any of the forementioned deficit or indicated deficit of your eligibility and/or authorized use of BEMEOW Platforms or Services.
3.2. You acknowledge that any information we, our employees, agents or affiliates provide in our or their marketing material, in BEMEOW Platforms or Services or in any other public statement or private correspondence, is neither financial nor professional advice. Such pieces of information are solely subjective opinions or views that may change at any time and do not constitute any form of assurance or guarantee. You agree that you will not rely on any such information for making financial, legal, or other decisions. BEMEOW is not responsible if you engage in using BEMEOW Platforms or Services to strive for financial benefits and we assume any of your interactions that could be interpreted as a financial intent (e.g. investing or trading) are solely to support the success and growth of BEMEOW as loyal BEMEOW User who is convinced of BEMEOWs purpose, BEMEOWs community and the BEMEOW team.
3.3. BEMEOW shall not be liable for any losses or damages resulting from your reliance on any information provided by BEMEOW , its employees, agents or affiliates. If you should nonetheless decide to engage in striving for financial benefits using BEMEOW Platforms or Services, you should consider seeking professional and certified advice by a before doing so.
3.4. Where there is a graphical user interface to any digital BEMEOW Platform or Service, this is meant for convenience or entertainment only and may not always display fully accurate real-time data. BEMEOW does not guarantee accuracy of the displayed information, including asset exchange rates, token amounts, status or fees of transactions, or other data. You agree to perform your own research (e.g. on-chain or on other suitable data sources) on any relevant data prior to any decision and action you may take when using BEMEOW Platforms or Services.
3.5. Some BEMEOW Services may only be shortly described, and we cannot always fully exclude that a service description may turn out to be incomplete, to leave possibilities for subjective interpretation, or to contain spelling mistakes or informational errors.
3.6. For some of the BEMEOW Services (especially regarding any content generation functions that rely on artificial intelligence, such as large language models and stable diffusion), there is a high probability of unexpected results that may strongly deviate from the service description or instructions (e.g. user prompts), that you may express by giving ideas or instructions as input information for such services. We cannot fully exclude that in some cases this may include illegal, offensive, or harmful results. For using such functions, you warrant preventing any such results to the best of your knowledge and ability, by formulating any user prompts in a way that reduces the likelihood of illegal, offensive, or harmful results, for example by not utilizing and not circumscribing any of the terminology in section 14 of the underlying Terms, that describes the behavior and content which violates our acceptable use policy.
3.7. You warrant not to start or continue to use any affected BEMEOW Platform or Service (or single functions within) for which you find or cannot exclude any of the informational limits, gaps, inaccuracies, mistakes and errors as described in the provisions of 3.4 and 3.5 or receiving unforeseeable results as described in provision 3.6, unless you are willing to take the sole responsibility for any damage or loss that may incur hereof and agree that this responsibility is integral part of any declaration of will you express through interacting with BEMEOW Platforms or Services.
3.8. Should you decide to start or continue using BEMEOW Platform or Service (or single functions within) despite your warranty given in provision 3.7, you will hold BEMEOW free of any related damage and claims and to indemnify BEMEOW for any related damage that should nonetheless incur to BEMEOW.
4. Blockchain and Responsibilities
4.1. Cryptocurrencies, including any tokens purchasable or otherwise available via BEMEOW Platforms or Services, can be subject to extreme volatility and may experience significant price fluctuations. The value of such tokens is determined by multiple factors, such as sentiment, macro-economy, supply, demand, regulation, politics and other market forces, and thus there is no guarantee of liquidity, profitability, or future market value. When engaging into purchasing or otherwise receiving any such tokens you agree, to do this without any financial expectation and solely for the potential of supporting BEMEOWs growth and success.
3.9. BEMEOW is dedicated using reasonable of its limited financial, technical human resources, to enable, maintain, explain, display, secure, improve and extend BEMEOW Platforms or Services continuously.
4.2. Where your usage of BEMEOW Platforms or Services includes using cryptocurrency wallets, it is your sole responsibility to ensure that your informational understanding is sufficient, and your technical environment is secure in a way that is suitable to prevent damage or loss of any nature relevant within this context. This may include that you have to ensure interacting with the correct underlying blockchain network, wallet addresses, token accounts, smart contracts or programs, making decisions upon the correct blockchain data (i.e. from established blockchain explorers, nodes, RPC endpoints, oracles or centralized exchanges), having a seamlessly running anti-virus-software installed, storing your passwords, seed phrases and private keys securely, verifying whether links are issued by official and trustworthy sources before opening them, and doing your own research on any information that you may find or being referred to by BEMEOW or thirds.
4.3. You warrant not to use any blockchain-related BEMEOW Platforms or Services, unless you have verified the criteria as described in provision 4.2 where applicable. BEMEOW shall not be liable for any loss or damage resulting from your slight or gross negligence on aligning with such criteria and you waive any right you might have in regard of recovery or compensation for resulting losses.
4.4. By using any blockchain-related BEMEOW Platforms or Services, you assume and carry all associated risks, including but not limited to the risk of loss due to volatility, hacking, phishing, malware, network failures, network congestion, and other technological risks. BEMEOW is not responsible for any damage or loss that may incur to you because of such interactions, and you expressly agree to hold BEMEOW harmless from any such.
4.5. You warrant that none of your interactions with BEMEOW Platforms or Services will directly involve wallets owned by centralized exchanges or other entities or people that store seed phrases or private keys on your behalf (non-custodial wallets).
5. Presales
5.1. BEMEOW may perform presales of tokens before they are publicly available at open markets. If you participate in such a presale through sending cryptocurrency (or any other technically supported and allowed asset), you solely acquire the right to receive the approximate amount of tokens displayed to you under the conditions (e.g. vesting) described in the application or platform at which the presale takes place.
4.6. For signing or assigning any blockchain transactions or messages directly related to BEMEOW Platforms or Services, you warrant to only use wallets that you and no other party owns the seed phrase and private key to (self-custodial wallets), and you warrant to neither share or transfer nor grant or enable access to such seed phrases and private keys to BEMEOW or a third party.
6. Referral Programs
6.1. BEMEOW may operate referral programs that you can participate in to become eligible for receiving token allocations to the crypto wallet(s) that you may utilize to engage in such referral program(s). Where applicable, the specific conditions of such referral program(s) are described where you can claim your referral code or referral link. You agree that BEMEOW may use cloud and/or blockchain technology to track all or parts of data from and about referral programs.
5.2. The right to receive tokens as described in provision 5.1 may be subject to limitations or revocations (where applicable and possibly without refund) if you violate or if there is reasonable indication that you have violated the underlying Terms, especially if BEMEOW exercises its right to prevent or mitigate loss or damage from BEMEOW or BEMEOW Users as a result of your violation of the underlying Terms or of applicable law.
6.2. Participating in the referral program(s) does not guarantee that you receive tokens or a certain number of tokens for this engagement, e.g. in case you, a user you refer, or a user that refers you, infringe the rules of such referral program(s) or the provisions of the underlying Terms or applicable law.
7. Market Making
7.1. BEMEOW reserves the right to generate returns from presales and publicly available tokens (e.g. by measures described in provision 7.2) and may use such returns to promote the continuation of BEMEOWs business, growth, improvement, and expansion.
6.3. The criteria and metrics for such referral program(s) may be subject to change at any time, where the given change serves the purpose to increase user engagement with the referral program(s), or where it serves protecting BEMEOW or BEMEOW Users, whether financially, reputationally, technical, physically or in another reasonable manner. of the data from and/or relevant for the referral program.
7.2. Where technically possible, BEMEOW reserves the right to buy, sell tokens, perform treasury, mint tokens, burn tokens (e.g. by reducing token supply or taking tokens out of circulation irreversibly), modify the asset ratio in a liquidity pools, increase or decrease the asset mass in liquidity pools, set fees for liquidity pools, harvest fees from liquidity pools, add, remove or modify transfer fees (token taxes), create new or terminate existing open market pools, set different prices for different liquidity pools, provide tokens across multiple blockchains and liquidity pools, offering different token prices at our own discretion, modify basic metrics of initial or ongoing supply distributions (so-called tokenomics), modify the planned distribution of returns from token taxes (taxonomics), modify the business targets and procedures, modify documentations, e.g. in light papers, white papers, or program code repositories, engage into new, and modify or cancel the relations with existing partnerships, suppliers, sponsorships etc.
8. Intellectual Property and Copyright
8.1. All content, branding, and intellectual property associated with BEMEOW, including but not limited to the BEMEOW name, logo, software, website design, and other proprietary materials, are protected by copyright, trademark, and other intellectual property laws. By participating using BEMEOW Platforms or Services, you do not acquire any ownership rights, licenses, or intellectual property rights in BEMEOWs content, branding, or proprietary materials.
7.3. Where BEMEOW should perform any of the operations described in provision 7.2, BEMEOW does this to its best ability and knowledge about responsible measure taking with special attention to stabilizing prices and minimizing risk to extreme market sentiments and overreactions. BEMEOW reserves the right to treat such operations confidentially.
8.2. You may not use, reproduce, distribute, modify, or create derivative works of any BEMEOW intellectual property without the prior written consent of BEMEOW. Any unauthorized use of BEMEOWs intellectual property may result in legal action, including but not limited to claims for damages and injunctive relief.
8.3. For any content (such as images, videos, gifs, music, audio files, or similar) that you provide (e.g. upload or share) on or create or generate BEMEOW Platforms or Services, or any such content that you create or generate through using BEMEOW Platforms or Services, or that you send to BEMEOW in direct messages, you grant BEMEOW non-exclusive copyrights to this content. Such non-exclusive copyrights are granted without territorial or temporal limitation and include granting to BEMEOW the rights to store, reproduce, redistribute, tokenize, edit, change, extend, reduce, broadcast, stream, sell, rent out, and use the material for further commercial and/or non-commercial purposes, including the right to sublicense.
8.4. Any remuneration that you may be legally entitled to, in exchange for BEMEOWs exercising of the rights you may grant BEMEOW for the content as described in provision 8.3, shall be deemed as satisfied by your usage of BEMEOW Platforms or Services, as this usage is free of charge and any payments you may perform are solely of voluntary nature. Thus, you waive any rights to receiving other forms of remuneration than the usage of BEMEOW Platforms or Services, including the right to claim other forms of remuneration or taking legal action against the forementioned remuneration procedure. Should you stop using BEMEOW Platforms or Services or should you use BEMEOW Platforms or Services only rarely, this does not justify exemptions from the forementioned remuneration procedure and shall be considered as waiver to remuneration in general.
8.5. BEMEOW may, at its sole discretion, implement and operate a rewarding system that benefits actively contributing BEMEOW Users in the form of cryptocurrency rewards, token rewards or other forms of rewarding.
8.6. BEMEOW may, at its own discretion may enable you to make a separate agreement with BEMEOW for granting to BEMEOW exclusive copyrights to the content, purposing a dedicated commercial distribution of the content including a contractual remuneration, e.g. in form of royalties and/or, in case of token taxes from token issuing for the content, shares to the organic trading volume of such tokens, i.e. trading volumes that have not been performed by BEMEOW itself.
8.7. For any content you provide to BEMEOW Platforms, or generate by using BEMEOW Services, or send to BEMEOW directly, or for that you granted BEMEOW exclusive copyrights within a separate agreement, you warrant not to violate any intellectual property rights of thirds. BEMEOW assumes that you are the owner of all exclusive copyrights to any such content or have obtained valid written approval from the exclusive copyright holders, to ensure that BEMEOW can fully exercise its rights to the content without violating any intellectual property rights of thirds.
8.8. Any static images (without motion) that you or other BEMEOW Users generate by using BEMEOW services dedicated to image creation (e.g. text-to-image AI, or image-to-image AI), are of public domain for sole non-commercial usage, but without inhibiting BEMEOWs non-exclusive rights described in provision 8.3.
8.9. BEMEOW may, at its sole discretion, waive or delay for an indetermined period, an identity verification or revelation within the context of granting and exercising rights or related remuneration. However, you consent that BEMEOW engages in discovering and keeping track of any data of your identity relevant for exercising granted rights, enforcing claims, taking legal action or settling copyright infringement complaints, by using technical tools and/or information provided by third parties.
8.10. BEMEOW may ask you at any time to provide reasonable proof of identity (such as providing a copy of your ID card or participating in a third provider hosted Know-Your-Customer procedure) and/or proof of intellectual property ownership within the context of granting and exercising rights or related remuneration. You agree to provide such proof within 14 days from such a request. Should you fail or delay to provide such proof, we may at our discretion (and eventually irreversibly) terminate your user profile at BEMEOW Platforms, restrict or ban your access to BEMEOW Platforms or Services, withhold renumerations, revoke your rights to receive tokens from presales or referral programs, and/or take legal action (especially where required or reasonable to prevent or mitigate loss or damage from BEMEOW, BEMEOW Users or third party copyright holders to the content).
9. Payment
9.1. Any payment we assign to you (whether as reward, or a remuneration you are entitled to, or any for any other reason), shall be performed in cryptocurrency or crypto tokens).
8.11. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, BEMEOW reserves the right to remove or disable access to any material that infringes (or assumes reasonable indication of infringing) the intellectual property rights thirds., and to perform any other measures defined under the DMCA, e.g. communicating the identities of the party with copyright complaint and/or counter- complaint to the respective other party, and/or to publicly replace removed or disabled content with the according data of pending or completed copyright infringement cases.
9.2. Unless otherwise agreed explicitly, the asset we use to pay will be at our discretion, either a token issued by BEMEOW on an established blockchain, a Stablecoin on an established blockchain (such as USDC, or USDT), or the native cryptocurrency of an established blockchain (such as Bitcoin, Ethereum, BNB, Solana, Ton, Sui or similar).
9.3. To receive any payment, you must provide a valid wallet address compatible with the respective blockchain (and where applicable the respective token standard) prior to the payment.
9.4. Unless we decide otherwise, you must carry (where applicable) the arising transaction fees, gas fees, priority fees or any involved fees in a reasonable amount required to successfully and timely process the transaction. Therefore, BEMEOW may deduct such fees from the transaction amount that you receive.
9.5. BEMEOW will not compensate you for any loss incurring to you for negative fluctuations in the exchange rates of the underlying crypto asset, where taking place during or after the transaction processing, and BEMEOW will also not make claims, if you realize profits on positive price fluctuations.
10. Confidentiality
10.1. You agree to not disclose any confidential information to thirds or the public.
9.6. Where you should receive a payment from BEMEOW (in whatever currency or asset) which is subject to duties of tax reporting and tax payment, it is your sole responsibility to fully comply with the applicable tax regulations and other applicable obligations related to cryptocurrencies.
11. Liability
11.1. If you use BEMEOW Platforms or Services as a private person, you agree that where applicable, we and our agents are not liable to you for any loss of profits, loss of business, loss of revenue, business interruption, or loss of anticipated savings that may arise in connection with your use of BEMEOW Platforms or Services, and where not applicable, we are liable to you for such circumstances to the minimum extent permitted by applicable law.
10.2. Confidential information refers to any information about or related to BEMEOW that you may receive from BEMEOW, its employees, agents or affiliates, if it has that not made public by themselves, or any information about or related to BEMEOW that was provided to you through another source, but which is not meant to be made public by BEMEOW. If you cannot verify whether an information is not meant to be made public by BEMEOW, it shall be considered to not meant to be made public. Any information that certainly has no effect on the success of BEMEOWs business is exempt from being considered as confidential.
11.2. If you use BEMEOW services as a commercial entity, you agree that we, our employees, our agents and affiliates (collectively referred to in this section as "we" or "us") shall, where and to the extent legally permissible by applicable law:
a) Exclude all implied conditions, warranties, representations, or other terms that may apply to BEMEOW Platforms or Services or their content.
b) Not be liable for any losses or damages that are not foreseeable consequences of our breach of these Terms or our failure to exercise reasonable care and skill.
c) Not be liable for any losses or damages (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) that arise from or relate to your inability or lack of information to use BEMEOW Platforms or Services or any content, functions, or programs available through BEMEOW Platforms or Services.
d) Not be liable for Loss of profits, Loss of sales, business, or revenue, Business interruption, Loss of anticipated savings, Loss of business opportunities, goodwill, or reputation, Loss of data or information (including content), Indirect or consequential damages or losses.
11.3. BEMEOW does not exclude or limit in any way its liability to you where it would be unlawful to do so, for example liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
e) Not be liable for losses or damages caused by a distributed denial-of-service attack ("DDoS attack"), viruses, malware, trojan horses, ransomware, or other harmful data, attacks, or information technology access that occur in connection with your use of BEMEOW Platforms or Services or any content, functions, programs, or information available through BEMEOW Platforms or Services.
11.4. BEMEOW is not responsible for, and assumes no liability for, circumstances beyond its control, where applicable including but not limited to attacks on decentralized systems, security vulnerabilities in smart contracts, scaling limitations or capacity saturation, data or system migrations, doxing or impersonating through thirds, losses due to market crashes, missed gains, or changes in laws that prohibit or restrict the use of cryptocurrencies, (non-)fungible tokens, or decentralized systems.
11.5. You agree to indemnify and hold BEMEOW harmless from any claims, damages, losses, expenses, or liabilities arising from your breach of these Terms. This indemnification obligation includes any costs incurred by BEMEOW in defending against such claims, including but not limited to legal fees and court costs.
12. Governing Law and Dispute Resolution
12.1. If your legal residence (in case you are a private person) or your headquarters (in case you are a company or representing a company) is in Germany, these terms shall be governed by German law and, unless otherwise agreed, any arising disputes shall be settled by a German court of BEMEOWs choice.
11.6. BEMEOW shall not be liable without own failure or any failure or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, labor disputes, governmental actions, internet failures, malfunction of essential technical third-party service, or other events of force majeure.
12.2. If your legal residence (in case you are a private person) or your headquarters (in case you are a company or representing a company) is not located in Germany these terms shall be governed (without regard to conflicts of law principles) by Swiss law and, unless otherwise agreed, any arising disputes shall be settled by a German or Swiss court of BEMEOWs choice.
12.3. For any disputes arising out of or relating to these Terms and any other relation between you and BEMEOWs, each party shall, unless otherwise agreed, bear its own costs and expenses.
13. Miscellaneous Provisions
13.1. BEMEOW reserves the right to modify, amend, or update these Terms at any time without prior notice. Any such changes will be effective immediately upon posting on the BEMEOWs website. It is your responsibility to regularly review these Terms to ensure you are aware of any changes. Continued use of the BEMEOW platform following any such modification constitutes your acceptance of the modified Terms.
12.4. To the extent permitted by applicable law, any claims against BEMEOW arising out of or relating to these Terms or any other relation between you and BEMEOW must be brought within one year after the claim arises, or otherwise the claim shall be permanently barred.
13.2. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be amended to the minimum extent necessary to make it valid, legal, and enforceable. If amendment is not possible, the relevant provision will be deleted, and the remaining provisions shall continue in full force and effect.
13.3. Any failure of BEMEOW to enforce any of our rights or any provision of these Terms shall not constitute a waiver of such right or provision. No waiver of BEMEOW to any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. BEMEOW may assign or delegate its rights and obligations under these Terms without notice or consent.
13.4. These Terms constitute the entire agreement between you and BEMEOW regarding your interaction with BEMEOW Platforms or Services and any related act, and shall supersede any colliding prior agreements, (pre-)contractual negotiations, and understandings, whether written, verbal or silent. Other agreements or side agreements are possible in written form but shall explicitly refer to the underlying Terms.
13.5. You may not assign, transfer, or delegate any rights or obligations under these Terms without the prior written consent of BEMEOW.
14. Acceptable Use
14.1. Unless you have our explicit written permission, you may only use the BEMEOW platform for your own personal use. Unless otherwise agreed, you may not sell, rent, transfer, share, or make other commercial use of BEMEOW Platforms or Services and content contributed to or generated through BEMEOW Platforms or Services.
13.6. All notices, requests, consents, claims, demands, waivers, and other communications under these Terms shall be in writing and shall, unless otherwise agreed, be delivered per email to mgmt@bemeow.club, and BEMEOW reserves the right to accordingly delivered such information to the contact address (whether via post mail, email or through social platforms or messaging applications), of prior predominant correspondence with you or, in case BEMEOW cannot verify the receipt, or in case you have not replied within a reasonable time, also to any medium of prior correspondence or public contact information you have provided through your public online appearance.
14.2. You may not sell, rent, transfer, sublicense, assign, or otherwise exercise rights you do not possess over content and licenses obtained using the BEMEOW Platforms or Services. You may only exercise those rights to the extent, in the manner, and for the duration provided to you in a license agreement, e.g. as described in the underlying Terms and/or an additional agreement.
14.3. You agree to use the BEMEOW Platforms or Services only in a lawful manner and for lawful purposes consistent with these Terms.
14.4. You must not use the BEMEOW Platforms or Services in any way that exploits, harms, or attempts to exploit or harm individuals (especially if under 18 years of age).
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Pornography, violence, sex work, human trafficking , drug abuse, firearms, other weapons, cannibalism, doxing, gaslighting, nudity, blood, pus, injuries, wounds, urine, feces, vomit, necrophilia, bestiality, incest, suicide, self-harm, blackmail, bribe, fraud, rape, impersonating, torture and any other content or behavior which is illegal or likely to be illegal under applicable law.
14.5. You must not use the BEMEOW Platforms or Services in any manner that includes, suggests, involves, or relates to any of the following:
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Content that discriminates, slanders, humiliates, dehumanizes, excludes, attacks, threatens, or incites hatred or violence against or fear of a group or individual based on ethnicity, origin, nationality, immigration status, caste, religion, gender, gender identity, sexual preferences, age, weight, genetics, appearance, disability, illness, dietary preferences, political beliefs, party affiliation, veteran status.
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Content suggesting that BEMEOW or third parties (whether individuals or companies) endorse, license, or support something they do not, and for which you have not been given permission to create such impressions.
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Unfounded, false, illegal, or malicious complaints, such as those regarding copyright infringement, content, users, or user behavior.
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Recruiting BEMEOW Users, directing BEMEOW Users to other platforms or services than BEMEOW Platforms or Services, or attempting to do so.
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Mentioning or referencing other platforms or services, than BEMEOW Platforms or Services, especially those offering similar features or possibilities as BEMEOW Platforms or Services, unless required to use BEMEOW Platforms or Services.
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Advertising (especially through spam) for third parties or for your own commercial or profit-oriented activities outside of the BEMEOW Platforms or Services unless expressly permitted by these Terms through our written permission, such as advertising products, services, company names, activities, services, or sales, contests, sweepstakes, promotions, product placements, job postings, etc.
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Lotteries, gambling, or references thereto.
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Terrorism, racism, fascism, national socialism, religious fundamentalism.
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Statements or actions that are likely to disturb public peace.
14.6. You agree to not stalk, bully, discriminate, harass, intimidate, threaten, or insult others, when using BEMEOW Platforms or Services.
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Calls for or references to demonstrations, assemblies or election decisions.
14.7. You agree not to engage in misleading or fraudulent behavior, or in any behavior intended to deceive or mislead BEMEOW Users that you discovered or interacted with via BEMEOW Platforms or Services.
14.8. You agree not to violate intellectual property rights (e.g., copyrights, trademarks, trade secrets, goodwill, personality rights, privacy and data protection rights), such as recording, duplicating, sharing, exploiting, altering, publicly communicating, or otherwise infringing protected content without a license or permission.
14.9. You agree to not impersonate BEMEOW or act on behalf of BEMEOW, or in relation to our employees, agents, suppliers, or other companies or individuals with whom we are connected or that you discovered or interacted with via BEMEOW Platforms or Services.
14.10. Unless we have expressly permitted you, you will not suggest any partnership with BEMEOW, sponsorship by BEMEOW, or undertake or cause anything that suggests a connection between you and BEMEOW that is not true. This also applies to our employees, agents, suppliers, or other companies or individuals with whom we are connected or that you discovered or interacted with via BEMEOW Platforms or Services.
14.11. Do not take or cause any actions intended or likely to artificially increase impressions for your content or interactions, (e.g., likes, reactions, comments, views, accesses, reposts, followers, etc.). Do not take any actions that result in fake, misleading, or repetitive impressions, or impressions of low quality.
14.12. Do not reproduce, print, edit, alter, publish, store, transmit, process, upload, download, exploit, or send content unless you are permitted to do so under these Terms, through our permission, or through a license you have obtained through these Terms, another agreement with BEMEOW or from an exclusive copyright holder consistent with these Terms.
14.13. Do not (whether intendedly or unknowingly) introduce any harmful software or data BEMEOW Platforms or Services, such as viruses, trojan horses, worms, logic bombs, or similar.
14.14. Do not attempt to copy, manipulate, circumvent, decompile, publish, distribute, reverse engineer, alter, or otherwise discover, derive, or influence any source code of BEMEOW Platforms or Services.
14.15. Do not attempt to impair, exhaust or overload BEMEOW Platforms or Services, its systems, security, quality, performance, or any other aspects in any way.
14.16. You agree to neither use programs, devices, codes, or processes (e.g., web crawlers, robots, bots, spiders, or automated scripts) to automatically access the BEMEOW Platforms or Services or any server, network, or system connected to BEMEOW Platforms or Services, nor to extract, alter, scrape, or collect information from it.
14.17. Unless we have explicitly authorized it, you will not use the name, logo, trademark, or any designs, slogans, or other aspects that belong to us, that we have created or used, or that are subject to our intellectual property rights.
14.18. Do not publish, distribute, upload, transmit, or copy personal data or private or confidential information about yourself or others, such as telephone numbers, location information (including addresses, IP addresses, and GPS coordinates), names, identification documents, email addresses, login credentials, security questions, employers, club memberships, non-pseudonymous financial information such as bank account or credit card data, biometric data, or medical records. Exceptions to this provision may be allowed where required to fulfill your or BEMEOWs contractual duties or legal duties set by applicable law.
14.19. Violations of the acceptable use may (where reasonable to prevent or mitigate harm or damage from BEMEOW, BEMEOW Users, or thirds) result in: (i) limitation, suspension or termination of any user profile you may have on BEMEOW Platforms, and/or (ii) permanent ban from the BEMEOW Platforms or Services, and/or (iii) limitation or rejection to your access to BEMEOW Platforms or Services, and/or (iv) freezing, limiting, withholding, or deducting rewards, unvested tokens, payments, and remunerations, and/or (v) possible legal action against you.