Terms of service

Latest Revision: April 7, 2016

Please print out this Terms of Service for future reference.

These Terms of Service (“Terms”) are drafted in (simplified) Chinese. If there is any conflict between the Chinese version and any other versions, the former shall prevail.

These Terms provide for your use of the website www.lomocoin.com and the LoMoCoin APP on all sorts of mobile ends, including but not limited to WeChat, Html5, IOS and Android (“Website”). Your use of this Website constitutes your acknowledgement of entering into this Agreement with Walibida Technologies Co., Ltd. (a limited liability company duly incorporated under the laws of the People’s Republic of China, hereinafter as the “Company”) and agreement to be bound hereby.

Please carefully read the following content:

If you find these Terms unacceptable, please cease your use of this Website.
Your use of this Website constitutes acceptance of these Terms. These Terms shall be deemed as a legally binding agreement between you and the Company.
The Company may amend these Terms at any time and post the amended Terms on this Website, which shall have retroactive effect to the previous users.

1. Introduction

This Website intends to provide the users with the digital services of LoMoCoin (“LMC”). LMC is the first-ever treasure hunting games backed by live maps and equipped with a digital cash system in the world. LMC gives you an opportunity to win digital cash and merchants-provided discounts simply by exploring on the maps and in the real world, which creates a brand-new channel for value exchange and network flow monetization.

2. Conditions for Users

a.This Website refuses to provide services to any natural persons or legal entities that are not fully capable for civil conduct. If you are one of such natural persons or legal entities, please exit from this Website.

b.Before using this Website, please make sure that your use of this Website will not violate any laws, regulations and rules in effect of your place of jurisdiction. The Company may work with the regulatory bodies to supervise your use of this Website. If your use of this Website violates any laws, regulations or rules, the Company reserves the right to redeem its losses arising from such violation through legal approaches, including but not limited to litigations, arbitrations, conciliations and enforcement of laws.

3. Users’ Undertakings

a.You must undertake not to:

(1). transmit any information that is slandering, vulgar, obscene or banned by the state laws;

(2). transmit any information that abets crimes;

(3). transmit any information that harms state stability and unity and involves state security;

(4). release any information that is untrue or discriminatory;

(5). infringe any intellectual property rights and other related rights of any third party;

(6). violate any right of personality or right of reputation of any third party;

(7). transmit any information that is in violation of the laws of China or any other jurisdictions;

(8). transmit any information that discriminates the religious belief of any person;

(9). use any software or tool to undermine the Website’s fundamental structure or normal operation.

If you infringe the right of personality, right of reputation or any other economical rights of the Company or any third party, the Company may delete your posts, close your account and hold you accountable for such infringement through legal approaches.

b.

You must carefully and truthfully fill in the application for registration and provide accurate and true personal/corporate information; the Website’s administrator may suspend or permanently cancel the account of any user that violates this requirement.

c.

You must promptly update any change of your information and bear all the losses and responsibilities arising from such change (whether the update is promptly made or not), if any.

d.

You must be fully responsible for the safety of your account, password and e-wallet information. The Company disclaims all the losses and responsibilities, if any, arising from any leakage of your account, password or e-wallet information attributable to your or any third party’s fault. In case of any loss or theft of your account, password or e-wallet information, please notify this Website in writing. You must take full responsibility for any loss caused to you or any third party due to late notification.

e.

You must undertake not to replicate, tamper with, add, delete, hook or create any derivatives out of any data released to any terminal memory by this Website or during the operation of this Website, interactive data exchanged between any client and the server during the operation of this Website or any system data necessary for the operation of this Website in any manners, including but not limited to accessing to this Website and the related systems by application of any plug-in, add-on or any third-party tools/services not authorized by LMC.

f.

You must undertake not to: tamper with or falsify any command code or data of this Website, nor add, delete or change any function or operation effect of LMC.

g.

You must undertake not to: access to or use this Website or its services through any third-party software, plug-in, add-on or system not developed or authorized by LMC, nor develop, release or transmit such software, plug-in, add-on or system.

h.

You must undertake not to: interfere with the clients or any components, modules or data thereof by your own or through any other person or third-party software.

i.

You must undertake not to: use your LMC account, LMC or any services thereof for crimes.

4. Third-party Websites

This Website may contain links that direct to any other websites operated by third parties (“Third-party Websites”). Before visiting such Third-party Websites, you must review and agree the rules of such Third-party Websites. You acknowledge that: the Company has no control over the content of such Third-party Websites and takes no responsibility for any information generated or released by such Third-party Website. In addition, redirection to such Third-party Websites does not constitute the Company’s approval or endorsement of any product or service offered by such Third-party Websites.

5. Privacy Policy and Intellectual Property Rights

Your use of this Website constitutes your agreement to the Privacy Policy and Intellectual Property Rights clauses separately stipulated by this Website.

6. Exemptions

a.

You must indemnify the Company from and against all the damages, losses or costs (including reasonable attorney’s fees) arising from any claim brought by a third party against the Company in connection with any of your behaviors, posts or information on this Website.

b.

Although this Website provides for code of conduct for its users, this Website has no control or mandatory force over the users’ behaviors on this Website and therefore takes no responsibility for the users’ distribution or sharing of any content or information. The Company disclaims any responsibility for any content or information posted or viewed by the users on this Website that is offensive, inappropriate, obscene, illegal or otherwise disgusting, nor for any online or offline behaviors of its users.

c.

This Website gives no guarantee for the proper functioning of any copy of LMC or any other software similarly named that is obtained from any third party not authorized by LMC, nor takes any responsibility for any direct or indirect losses caused by use of such software.

7. Miscellaneous

a. Severability

If any of this Agreement is held illegal, invalid or unenforceable, the validity of the remainder of this Agreement shall not be affected.

b. Assignment

Neither party shall assign any rights or obligations hereunder without prior written consent of the other party. Any such assignment shall not be valid or binding.

c. Force Majeure

A party’s failure to perform any of its obligations hereunder due to any force majeure event shall not be deemed as a violation hereof. For the purpose of this section, “force majeure” shall mean those circumstances that can not be avoided by the affected party even after its performance of the maximum duty of care, including but not limited to natural disasters, wars, strikes or labor disputes, policy changes, sanctions, embargoes, injunctions or other force majeure events.

d. Dispute Settlement

Both parties agree that: any dispute arising in connection with this Agreement shall be settled through amicable negotiation. If such negotiation fails, either party may bring such dispute to Beijing Arbitration Committee for arbitration. The Arbitration award shall be final and binding upon both parties. After the arbitration award takes effect, the losing party shall compensate the winning party for the attorney’s fees and any other arbitration costs.

e. Governing Law:

This Agreement shall be governed by the laws of the People’s Republic of China, with no regard to the conflict of laws principles.

f. Effectiveness

Upon Party B’s completion of registration on this Website or start of use of any services provided by Party A on Party B’s request, this Agreement shall take effect and become binding upon Party B. This Agreement shall take effect at the said time point.