Qualifications of User in Order to Use the Site
The User represents and warrants that you are at least eighteen (18) years of age (legal age), are legally entitled to use the Internet and services like those provided by AMO (according to the law in Singapore and applicable laws of any relevant jurisdiction in which you reside), and have not had your right to use our Service previously suspended or revoked by us.
You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with AMO, or (b) you are a person barred from or not qualified for receiving the Services under the applicable laws of Singapore, or other countries including the country in which you are resident or from which you use the Services.
Illegal and Prohibited Use
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
The User represents and warrants that the User will not use the Site or Platform for any criminal, illegal, or otherwise prohibited use, including (but not limited to) activities related to moneylaundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. You represent and warrant that you will not use our Platform to assist any other party in such illegal activity.
The User represents and warrants that the User will not in any way use the Platform or Services to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Site’s or the Platforms underlying code or technical mechanisms; cause damage to
the Site or AMO through any means, including (but not limited to) through the use of hacking, malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality
related to the Site.
You agree that you exclusively will access and use your Account, and may not transfer the right of its use granted to you under these Terms, or disclose any log-in credentials to a third party without our written consent. You agree to take full responsibility for any activity that occurs through the use of your account, and cannot transfer this obligation to any third party. You agree to notify AMO in the event that you discover or suspect any security breaches or vulnerabilities related to the Site, Services or Platform and if you become aware of any unauthorized use of your password or of your account.
The use of our Services requires you to create an account with AMO (“Account”). You warrant and represent that all information provided when creating such an Account is current, complete, and accurate. You agree to promptly notify AMO of any changes to any information that would cause the information provided upon your Account’s creation to no longer be current, complete or accurate. You also warrant and represent that you understand that no Account will be fully created until you confirm your identity, mobile phone number and email address in a manner deemed suitable by us.
AMO may require you to provide additional information to verify your identity, address, or any other information in your account (“Know your customer” or “KYC” procedure), such as your full name, date of birth, nationality, city of residence, phone number, email address, ETH wallet address, a clear copy of ID (such as an national identity card or passport that bears a photograph), a photograph of your face clearly visible, holding ID and note with words “AMO Coin ICO + today’s date” next o face. You are responsible for the relevance and validity of information to be provided when registering an account. AMO is not obligated to verify your identity or any other personal information and may do it at its own discretion.
You represent and warrant that you are not a politically exposed person or fall under any internationally recognized sanctions regime followed by Singapore or by the United Nations. You agree and understand that you are responsible for maintaining the confidentiality of your password and also for maintaining up-to-date contact details including mobile phone number and email address associated with your personal account.
You bear all responsibility connected with assurance of access to the personal account or retaining an option of restoring such access. If access to your account is lost, and it cannot be restored by the use of the mobile phone number or email address associated with your personal account, and you have not completed the identification procedure or provided incorrect information in the KYC procedure, your account will not be subject to restoring.
The personal account is only designed for purchase, storage and limited resale of digital tokens. It cannot be considered as an investment, deposit or credit. Interest or any other income is not accrued on the assets kept in the Account.
You can delete your personal data or account on the Platform which is irrevocable after seven days from the date of deletion. In case you delete personal data or your account you will not able to withdraw any assets from your personal account so you shall ensure that you have withdrawn all the assets from your account prior to its deletion.
Damages Caused by Vulnerabilities Inherent in the Internet or in Blockchain
Use of the Internet is known to not be one-hundred percent secure. You agree that AMO is not responsible whatsoever for any damages caused by the interception, loss or alteration to any information sent over the Internet. While AMO will take reasonable steps to ensure the security and
privacy of any information transmitted during your use of our Services, in no event will any such information be considered “confidential” or will its disclosure to a third party, accidental or otherwise, cause liability against AMO, even if it occurs as a result of our negligence.
AMO takes every reasonable precaution to prevent and mitigate attacks. However, these problems still may occur from time to time for reasons that are out of our control. If AMO believes a token active on the Platform has been compromised or is under attack, AMO reserves the right to immediately stop all Services related to that token. If it is determined that such an attack caused an associated Token to rapidly lose value or
otherwise cause or threaten to cause damage to the Platform, the Site, or other users, AMO may immediately discontinue all activities regarding such Token entirely at its discretion. Resolution concerning deposits, withdrawals, account balances, Services or other disputes related to an attacked token will be determined on a case-by-case basis. AMO makes no representation and does not warrant the safety of the Platform and is not liable for any lost value or stolen property, regardless of whether AMO was negligent in providing appropriate security
AMO Does Not Provide Legal, Financial or Investing Advice
AMO does not conduct token sales itself but provides the Platform for launching token sales, also referred to as initial coin offerings (“ICO”) campaigns by other persons (“ICO initiators”), and the execution of token sales to its users. AMO provides the Services to ICO initiators and to its Users only within their scope. AMO does not take responsibility for fulfillment obligations by ICO initiators to purchasers and cannot be held liable for any acts or omissions of ICO initiators.
AMO does not charge Users of the Platform any fees, but takes a commission based on the amount of tokens sold from ICO initiators
In no way should our providing of Services be considered legal, financial, investing advice or any other kind of specialized or expert advice on which the User might detrimentally depend, causing liability against AMO. In using the Platform, you represent and warrant that you have sought any
legal, financial, investment or otherwise specialized advice from an expert qualified to provide such counsel, or else you have the sufficient knowledge and sophistication to evaluate the risks and merits associated with Blockchain and/or token management and offerings and to competently use our
Services. We give no warranty regarding the suitability of any tokens or other assets acquired using our Platform and assume no fiduciary duties to you.
The User represents and warrants you understand that any recommendations or commentary made by AMO or its employees or other users should be considered generalized in nature, and you should use your own judgment or seek the advice of an expert before taking any action regardless of any
such statement. We give no assurance as to the accuracy or completeness of any such statement.
The User acknowledges, understands and agrees that the User (i) acknowledges and understands the following risks related to AMO Token, AMO ICO and/or general crypto currency and blockchain technology; (ii) is not entitled to any damage compensation, termination of this Agreement, return of partial or whole Ethereum paid by the User in consideration for AMO Token and/or any other kinds of similar rights in the event of occurence of one or more of the following; and (iii) shall not delay or omits its obligations under this Agreement in the event of occurence of one or more of the following:
1. Risk associated with the development and deployment of AMO Coin, AMO Blockchain and/or AMO Market:
(a) AMO Coin, AMO Blockchain, AMO Market and other series of project (the “AMO Project”) may not be successfully developed or may not function as intended in the White Paper and the AMO Project may not be deployed as intended or at all;
(b) The management, technical, scientific, research and marketing personnel, set out in the White Paper, may not participate or may discontinue participating to the AMO Project.
2. Risk associated with the AMO Token and/or Sale of AMO Token:
(a) Sale of AMO Token may not be completed or may not be completed in accordance with the means and/or schedule set out in the White Paper;
(b) Due to technical issues and/or other external circumstances, including regulation changes, the Purchaser may not receive any AMO Token from the Seller or may not be able to exchange AMO Token to AMO Coin;
(c) The Seller expresses no view as to the economic value of AMO Token and/or AMO Coin and it is possible that AMO Token and/or AMO Coin will have no economic value at all or may lose the entire economic value (if any) regardless of the funds contributed by the Purchaser;
(d) Due to changes in regulation and/or government policy, the Seller may not complete additional private sale, pre-sale and/or public sale or may not allocate AMO Coin as set out in the White Paper;
(e) The value of AMO Token may dilute over time as more AMO Tokens and/or AMO Coin come into existence as the amount of AMO Token and/or AMO Coin participants to AMO Market receives as rewards increase;
(f) The legal nature of the relationship (if any) between the holders of AMO Token and/or AMO Coin and the liabilities and obligations to each other is uncertain;
(g) The treatment of AMO Token and/or AMO Coin by regulatory and governmental authorities is uncertain and bay be prone to change in the future, which may have a materially adverse impact on the legal status of AMO Token and/or AMO Coin, the Purchaser, this Agreement, as well as the development, function or sale of AMO Token and/or AMO Coin;
(h) There may not be a secondary market for the Purchaser to sell AMO Token and/or AMO Coin to any third party(ies).
3. Risks associated with blockchains and distributed ledger technologies:
(a) Blockchain technologies may develop in such a way that different blockchains become interoperable without the need for a relay-chain, which may have a material adverse impact on the economic value (if any) of AMO Coin;
(b) AMO Token and/or AMO Coin may not be free from viruses or any other code that has contaminating properties or is otherwise destructive in its effect;
(c) AMO Blockchain and the cryptographic wallet in which AMO Token and/or AMO Coin are stored may be subject to successful attacks, including but not limited to doublespend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks;
(d) Advances in code cracking, or technical advances such as the development of quantum computers, could result in the theft or loss of AMO Token and/or AMO Coin;
(e) The loss or destruction of a private key used by a participant to access AMO Token and/or AMO Coin may be irrecoverable. Widespread loss or destruction by participants of private keys may adversely affect the functioning of AMO Project and the economic value (if any) of AMO Token and/or AMO Coin.
4. Risks associated with AMO Project:
(a) Introduction of new regulations or changes in current regulations and/or government policy may adversely affect the seller in deploying, operating and/or managing AMO Project;
(b) Introduction of new regulations or changes in current regulations and/or government policy may cause the Seller to discontinue AMO Project or dissolve.
5. The User acknowledges, understands, and accepts that there may be material changes in the value of AMO Token, the specifications of AMO Project plan, the feasibility of AMO Project due to unexpected technology development and unexpected dramatic change in regulations within Singapore and/or any other jurisdiction.
Before making a purchase the User must read and understand terms of sale provided by an ICO initiator. In case the User does not agree to any provision of the Terms of sale, he or she must cancel the purchase.
By purchasing tokens the User confirms that he or she has read and understood all the related documentation (the white paper, Terms of sale, road map, the waiver and other relevant documents) and has obtained qualified advice from seasoned professionals in the field of ICO investments and
also represents and guarantees legality of his or her purchase and of other relevant acts to AMO. The User also agrees that by purchasing tokens, the User enters into contractual relations with a relevant ICO Initiator and that thereafter he or she must address all claims to the ICO Initiator only.
AMO does not provide information on ICO initiators’ business. ICO initiators are responsible for fullNdisclosure and truthfulness of the information on ICO provided on the Platform and also for compliance with the terms of the issue. The User agrees to address any questions about an ICO
directly to ICO initiators.
All changes in the Terms of sale must be monitored by the Users. Any disagreement with the changes must be discussed with the relevant ICO initiator. AMO cannot be brought as a co-party to any dispute concerning the changes in the relevant Terms of sale.
The User bears all the risks of unfavorable consequences of disregarding the rules of purchase established by ICO initiator.
AMO is not responsible for arrangements made between the User and any ICO initiator in the course of a private sale or otherwise outside the Platform. Responsibility for fulfilment of such arrangements as well as liability for non-fulfillment of such arrangements are borne by the parties to
such arrangements – ICO initiator and the purchaser of tokens.
Tokens can only be purchased after completion of the KYC procedure to verify the identity and address of the buyer and other required information. The form for the KYC procedure is made available only once the application for purchase of tokens is submitted on the Site. The list of
required documents and information is determined by AMO and a relevant ICO initiator at their own discretion and in accordance with applicable legislation and the rules of a relevant ICO.
All the documents which the User submits within the KYC procedure must be drawn up in English and/or Korean.
The User represents and warrants that all the information provided in the KYC verification procedure is truthful, current, complete and accurate. AMO does not bear any liability for provision of untruthful, obsolete, incomplete or inaccurate information by the User.
The User admits that KYC verification procedure may take time, up to several hours or several days. The exact time of verification depends on free capacity of the system as of the moment of verification.
AMO is entitled to involve third parties, in particular specialized services, for the purposes of data verification and processing. The User agrees to the transfer of information provided for the purpose of verification, including personal data of the User, to such third parties.
In case the User does not fully complete the verification procedure, the KYC procedure is not considered completed.
If the User purchases tokens without completion of the verification procedure, AMO in entitled to cancel the purchase, including without possibility to restore the purchase. In this case the purchaser also risks being rejected by an ICO initiator, including without possibility to restore the tokens’ purchase.
Transfer of Digital Assets to and from the Platform
You should bear in mind that AMO never provides payment details by email, messengers or other means of communication. The User receives an individual address only in the personal Account on the Site. The User themselves bears the risk of transferring funds using payment details received by other means other than independently in his or her personal account on the Site.
Before transferring funds to the Account the User must correctly enter the payment information provided by AMO. The User must ensure that the address entered and the address provided match and that there are no computer viruses changing the receiving address on the User’s device. AMO
incurs no liability for the loss of digital assets and other unfavorable consequences due to incorrectness of address information or substitution of addresses caused by any computer virus on the User’s device.
The User can transfer ETH to our Platform to purchase tokens listed on the Site. The minimum amount accepted in ETH is 0.1. (The Presales’s minimum amount accepted in ETH is 5.) Fiat currency nominated in US Dollars is accepted only for private sales. Your funds will appear in your account depending on the processing time of the transaction, which is out of AMO’s control. Once the transferred funds are available in your account, you may use them to purchase tokens listed on the Platform. However, the mere transfer of funds to your account does not represent the purchase of tokens. Tokens can only be purchased during the official token sale by accepting the respective Terms of Token Sale and after completion of the KYC procedure. Subject to verification requirements provided herein, you can withdraw the funds by logging into your own AMO Account (less bank charges for USD wires and transaction fees for BTC ETH and other cryptocurrencies) at any time. AMO may also return all or a portion of your money transferred by you to your Account, at any time and at its own discretion. Any such refund will be made in the same form as a payment received from you.
You are fully responsible for implementing reasonable measures for securing your wallet, vault, or other storage mechanism you decide to use to receive and hold purchased tokens outside of your account, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to the purchased tokens. AMO is not responsible for any such losses.
Tokens purchased by the User will be issued according to the respective Terms of Token Sale. Once issued by the seller of the tokens, AMO will distribute them to your Account. Tokens will be available in your Account until you transfer them outside of the Platform. When tokens are distributed outside of the platform, transaction fees may apply.
In case of erroneous transfer of digital assets by AMO to the User, the User is obligated to return immediately erroneously transferred digital assets back to AMO.
AMO does not provide advice on technical aspects of the transfer of digital assets.
The User is entitled to resell the tokens which he or she purchased in an ICO through AMO or from another user of the Platform to another registered user of the Platform for fiat or crypto currency in the personal account of the buyer on the Platform.
Before sending purchased and received tokens outside your account you must ensure that the receiving platform will be able to recognize tokens, support the format of tokens and accept them. The User agrees to obtain professional advice of experts in digital assets regarding all the details of
the transfer of tokens to the User’s account to ensure that the transfer will be carried out successfully if he or she lacks the required knowledge and expertise. AMO is not responsible for any errors made by the User during the process of transfer of digital assets and any losses caused by the
transfer of tokens to wrong addresses or non-supporting platforms. AMO does not restore or compensate tokens or funds lost due to the User’s error or other reasons beyond our control.
In case of erroneous transfer of digital assets by AMO to the User, the User is obligated to return immediately erroneously transferred digital assets back to AMO.
The User understands and accepts that in the case of cancellation of purchase of tokens by the User on their own, by the ICO initiator or AMO for one reason or another, as well as in the case of credit or withdrawal of cryptocurrency or tokens to and from the User’s personal account, the User must pay a blockchain commission proportionate to the amount of the Services provided to the User by AMO. The amount of commission in this case is calculated on the basis of relevance and traffic of the Blockchain network as of the time of cancellation of the purchase or withdrawal of cryptocurrency from the User’s personal account.
AMO incurs no liability for blockchain network failures and delays, time taken for crediting funds to the User’s Account, or for unfavorable consequences caused by delayed crediting of funds.
We grant you a limited, nonexclusive, nontransferable license (“License”) to access and use our Platform, Site and Services. This License is subject to these Terms. Any other use of the Services not expressly permitted by these Terms is prohibited. All other rights in the Platform are reserved by
AMO and our licensors, including that to any content or functionality as presented on the Site or the Platform. “AMO,” all logos related to Services or displayed on the Site are trademarks or registered marks of AMO or its affiliates. You will not redistribute, claim ownership, license, deconstruct,
reverse engineer, alter, incorporate into any other works or websites, or otherwise exploit any such content or functionality without prior express written consent of AMO.
We may terminate or suspend your License to our Services without prior notice or liability for any reason whatsoever at our sole and absolute discretion, including (but not limited to) if you breach the Terms. Nothing in these terms or in any other communication or action by AMO or our
employees, agents or representatives should be taken as a waiver of any legal remedies available for any event causing termination.
You acknowledge and agree that if AMO disables access to your account, you may be prevented from accessing the Services, your tokens or any other assets which is contained in your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including (but not limited to) ownership provisions, disclaimers or limitations of obligations or liability, and indemnity
AMO or other users may provide links to third-party web sites or services that are not owned or controlled by AMO. AMO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AMO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or detrimental reliance on any information, content, goods or services available on or through any such web sites or services. AMO is not liable for any loss or damage incurred as a result of interacting with any third party content on our Site.
Copyright of Communications In Connection With Our Services
You agree that any materials, information or communications transmitted between the User and AMO in any form, or between the User and any other AMO user via our Platform, are nonconfidential and will become the sole, exclusive property of AMO. AMO will own all intellectual property rights to such communications or materials, and can use or disseminate them in a completely unrestricted fashion for any legal purpose, commercial or otherwise, without notifying or compensating you. You hereby waive any right to litigation or recovery for perceived damages caused by the use of this information as is permissible by law.
You agree to indemnify, exculpate and hold AMO, its representatives, affiliates, employees and service providers harmless from any claim or demand permissible by law arising out of or related to the use of these Services, including any breach by you of these Terms or violation of any law, rule, or rights of a third party. You agree to pay any legal fees or other costs incurred by AMO or any other indemnified parties as a result of your actions.
AMO does not guarantee any level of performance or the continued, uninterrupted availability of our Services. We do not guarantee the accuracy of any information provided on the Site. We hereby disclaim all warrants and guarantees that are not expressly made in these Terms.
Subject to the above disclaimers, you expressly understand and agree that AMO shall not be liable to you for:
1. any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
2. any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(a) any reliance placed by you on the completeness, accuracy or existence of any ICO documentation, or as a result of any relationship or transaction between you and any ICO initiator whose documentation appears on the Platform;
(b) any changes which AMO may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(c) the loss, deletion of, corruption of, or failure to store, receive or send any tokens, cryptocurrencies and other digital assets, fiat currency kept or transmitted by or through your use of the Services;
(d) your failure to provide AMO with accurate account information;
(e) your failure to keep your password or account details secure and confidential.
3. The limitations on AMO’s liability to you in the text above shall apply whether or not AMO has been advised of or should have been aware of the possibility of any such losses arising.
The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of Singapore, without giving effect to
principles of conflicts of law.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks to bring an individual action in small claims tribunals or seeksinjunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you (i) waive your respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your respective rights to a jury trial. Instead, you will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
Any Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrator(s). The language of the arbitration shall be English.
No Class Arbitration, Class Action or Representative Actions
Any Dispute arising out of or related to this Agreement is personal to you and the AMO and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or
arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual
or group of individuals.
Before an arbitrator has been appointed to determine a dispute, AMO by notice in writing to all other Parties may require that a specific dispute be heard by a court of law at the place of the defendant or in any other applicable court at the choice of AMO.
Where AMO has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with AMO.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence
Survival and Severability
Any portion of these Terms that reasonably should survive the termination of your License or any other agreement is hereby agreed to do so. If any provision of these terms is deemed illegal, invalid or otherwise invalid for any reason, then that provision will be severed and the rest of these Terms
will remain intact and enforceable.
Our failure to exercise or enforce any rights or provisions of these Terms does not constitute a waiver of those rights or provisions. These Terms represent the entire and complete agreement between the User and AMO, including any future modification of these Terms, superseding any prior
agreements or communications between you and us. Any ambiguities in these Terms shall be construed in the light most favorable to AMO.
AMO’s performance under these Terms shall be excused if the failure of such performance is caused by forces beyond its reasonable control. This includes (but is not limited to) acts of God, acts of any government, war or civil unrest, severe weather, fire, natural disasters, political or economic
embargos and sanctions, terrorism, power or equipment failure, industrial or labor disputes or controversies, acts of any third party, blocking of Blockchain related websites by domestic governments, hackers’ attacks, Internet or blockchain failures.