Website means http://www.gawooni.co/, all subdomains and all their respective pages.
Contributing means the process by which GAWOONI will receive Contributions for the development of GAWOONI Project.
Contributor means you, the legal or natural person participating in the Contributing.
Loss means damages, claims, applications, loss, injuries, delays, accidents, costs, business interruption, expenses (including, without limitation, counsel’s or legal fees or the costs of any claim or suit), any incidental, direct, indirect, general, special, punitive, exemplary, special or consequential damages, any loss of goodwill, profits or revenue or any other economic loss, any loss of cryptocurrency or digital assets, any work stoppage, data loss, computer failure or malfunction, or any other commercial or other loss
Token as it is determined at http://www.gawooni.co/.
By using the Website and participating in the Contributing the Contributor agrees to these terms and conditions. GAWOONI reserves the right to amend the terms and conditions at any time and such amendments will be effective immediately upon publication on the Website. By continuing to use the Website and participating in the Contributing the Contributor accepts such amendments. If the Contributor does not agree to these terms and conditions, the Contributor must refrain from using the Website and participating in the Contributing.
This document does not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an initial public offering or a share/equity offering and does not pertain in any way to an offering of securities in any jurisdiction.
1.1. GAWOONI reserves the right, at its sole and absolute discretion and without giving prior notice, to: (a) vary, modify, add or remove features, or amend any content on the Website. The Contributor shall be deemed to have accepted and agreed to any such change if the Contributor accesses or uses the Website after the change is published on the Website; and (b) block or restrict access to, or terminate, withdraw or suspend use of the Website or any part of the Website. GAWOONI will not be liable for any Loss which may be incurred as a result of such action.
1.2. The Website may contain hyperlinks to websites which are not maintained or controlled by GAWOONI. All hyperlinks to such websites are provided as a convenience to the Contributor. Use of the hyperlinks and access to such websites is entirely at the Contributor’s own risk. GAWOONI disclaims any responsibility and liability for any third party content contained in websites linked to on the Website and shall not be liable for any Loss arising from the Contributor’s accessing or using such websites.
1.3. The inclusion of any hyperlink does not imply endorsement by GAWOONI of such websites. Under no circumstances shall GAWOONI be considered to be associated or affiliated in any manner with any trade or service marks, logos or other devices used or appearing on websites to which the Website is linked.
2. GAWOONI Project.
2.1. Project’s Description and Functionality shall be understood according to GAWOONI Whitepaper (www.gawooni.co/documents/whitepaper).
2.2. The Contributor understands and accepts that GAWOONI Project will need to go through substantial development works as part of which they may become subject of significant conceptual, technical and commercial changes before release.
2.3. The Contributor understands and accepts that the creation and the development of GAWOONI Project may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The Contributor therefore understands that there is no assurance that, even if GAWOONI Project is partially or fully developed and launched, the Contributor will receive any benefits through it.
3. GAWOONI Token (GWON).
3.1. Tokens will be created after the end of Contributing and provided to Contributors in a reasonable time after ICO finishing.
3.2. There will be 40 000 000 Tokens generated for the purpose of the Contributing.
3.3. The total amount of Tokens released at the end of the Contributing will be divided into 6 categories:
3.3.1. 55% in total will be provided to Contributors as a recognition of Contributions;
3.3.2. 19% will be reserved for maintaining of liquidity of GWON on exchanges and for Game Developers, Publishers and Gamers Reward pool.
3.3.3. 13% will be provided to Management and Team of GAWOONI.
3.3.4. 10% will be provided to Advisors of GAWOONI and legal support of Contributing.
3.3.5. 3% will provided as bounties to supporters of GAWOONI for actions other than Donations;
4.1. Contributors will contribute funds to GAWOONI for the development of GAWOONI Project, and will receive Tokens in recognition of Contributions.
4.2. The starting time and the closing time of Contributing will be soon defined at http://www.gawooni.co/.
4.3. The price of one GWON shall be 1 USD. The Contributor will receive purchased GWONs within 30 days after the closing time of Contributing by transfer to his/her account.
4.4. Tokens impart no proprietary rights or obligation or contract, express or implied, other than the ability to receive any rewards described in GAWOONI Whitepaper if GAWOONI Project is successfully completed.
4.5. GAWOONI reserves the right to change the starting time and the closing time in its absolute discretion. Any such changes will be published on the Website.
4.6. GAWOONI will only accept Contributions via the Website. The Contributor must ensure that the URL of his/her web browser indicates that it is using a hypertext transport protocol secure connection (“https”) and that the domain name is correct. GAWOONI shall not be liable for any Loss occurred in connection of inappropriate domain.
4.7. By contributing to GAWOONI, and to the extent permitted by applicable law, the Contributor agrees not to hold GAWOONI liable for any Loss arising out of, or in any way connected to, the Contributor ‘s failure to properly secure and keep private his/her email address and any password used in connection with Contributing.
4.8. By participating in the Contributing, the Contributor acknowledges that GAWOONI is not required to provide a refund for any reason, and that the Contributor will not receive money or other compensation in lieu of a refund, and the Contributor consents to no right of withdrawal from the Contributing. All Contributions to GAWOONI are final and nonrefundable unless the total amount of Contributions does not reach 1 000 000 USD by the end of the Contributing, in which case a full refund of all Contributions will be performed by GAWOONI excepting any commissions charged.
5. Representation and Warranties of Contributor.
By transferring Contribution to GAWOONI, the Contributor represents and warrants that:
5.1. The Contributor has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like bitcoin (BTC) and Ether (ETH), and blockchain-based software systems.
5.2. The Contributor is legally permitted to transfer Contribution, participate in GAWOONI Project in the Contributor’s jurisdiction.
5.3. The Contributor is legally permitted to receive software and contributing to GAWOONI.
5.4. The Contributor is of a sufficient age to legally contribute and participate in GAWOONI.
5.5. The Contributor will take sole responsibility for any restrictions and risks associated with the contributing and participating in GAWOONI.
5.6. The Contributor is not obtaining or using GAWOONI for any illegal purposes.
5.7. The Contributor is contributing and participating in GAWOONI primarily to support the development, testing, deployment and operation of GAWOONI Project, being aware of the commercial risks associated with GAWOONI Project.
5.8. The Contributor waives the right to participate in a class action lawsuit or a classwide arbitration against GAWOONI or its founders.
5.9. The Contributor understands the contributing and participating in GAWOONI does not involve the purchase of shares or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction.
5.10. The Contributor understands and accepts that GAWOONI is not an investment advisor and shall not be understood and interpreted as such. GAWOONI shall not be liable for any Contributor’s Loss occurred in connection of any his/her investing.
5.11. The Contributor understands that the transfer of Contribution, the participation in GAWOONI carries significant financial, regulatory and reputational risks as further set forth in the Terms.
5.12. The Contributor understands and expressly accepts that there is no warranty whatsoever on GAWOONI, and/or the success of GAWOONI Project, expressed or implied, to the extent permitted by law, and GAWOONI are created and obtained at the sole risk of the Contributor on an “as is” and “under development” basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose.
5.13. The Contributor understands with regard to GAWOONI no market liquidity may be guaranteed and that the value of GAWOONI over time may experience extreme volatility or depreciate in full.
5.14. The Contributor understands that The Contributor bears the sole responsibility to determine if the Contributor’s Contribution, the participation in GAWOONI, the potential appreciation or depreciation in the value of GWON over time, the sale and purchase of GWON and/or any other action or transaction related to the GAWOONI Project have tax implications for him/her; by contributing, participating or using GAWOONI and/or GWON, and to the extent permitted by law, the Contributor agrees not to hold any third party (including developers, auditors (e.g. contractors or founders) liable for any tax liability associated with or arising from the contributing, participating or using GAWOONI and/or GWON or any other action or transaction related to the GAWOONI Project.
5.15. The Contributor is not participating in Contributing, receiving Tokens or exchanging any cryptocurrency for Tokens for the purpose of speculative investment.
5.16. The Contributor will not violate or attempt to violate the security of the Website.
5.17. The Contributor will not access information or data which he/she is not authorized to access.
5.18. The Contributor will promptly provide to GAWOONI, upon request, any additional information which GAWOONI may consider necessary in providing services on the Website.
5.19. The Contributor will ensure that any information or content posted, or permitted or caused to be posted, on the Website, shall be nonconfidential or nonproprietary unless expressly indicated otherwise, and not offensive, illegal under any applicable law, and that the Contributor will be responsible for all such information or content.
5.20. When registering at the Website the Contributor must provide GAWOONI with the necessary reliable and updated information. The Contributor may be requested to provide additional information in the Website registration form. In case such information is changed the Contributor shall update his/her data at the Website.
5.21. The Contributor bears liability for ensuring that the information provided at the time of registration is true, up to date, complete, consistent with applicable legislation and free from third parties’ claims.
5.22. The Contributor understands and accepts that GAWOONI shall not be liable for third parties’ actions, websites, software.
The Contributor understands and accepts the risks in connection with transferring Contribution and participating in GAWOONI and/or using GWON as exemplary set forth above and hereinafter. In particular, but not concluding, The Contributor understands the inherent risks listed hereinafter:
6.1. The Contributor understands and accepts that the underlying software application and software platform is still in an early development stage and unproven, why there is no warranty that the process for creating GWON will be uninterrupted or errorfree and why there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of Contribution and/or GWON.
6.2. The Contributor understands and accepts that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the current setup of the Project and which may, inter alia, result in substantial modifications of GAWOONI Project, including its termination and the loss of GWON for the Contributor.
6.3. The Contributor understands and accepts that the GAWOONI Project may give rise to other, alternative projects, promoted by unaffiliated third parties, under which GWON will have no intrinsic value.
6.4. The Contributor understands and accepts that the underlying software application and software platform may be exposed to attacks by hackers or other individuals that could result in theft or loss of GWON or Contribution.
6.5. The Contributor understands and accepts that, as with other cryptocurrencies, the blockchain used for the GWON is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the GWON, expected proper execution and sequencing of GWON transactions, and expected proper execution and sequencing of contract computations.
6.6. The Contributor understands and accepts, that the Wallet or Wallet service provider used for the Contribution, has to be technically compatible with the GWON. The failure to assure this may have the result that Contributor will not gain access to his/her GWON.
6.7. GAWOONI is not liable in any way for failure to perform due to any Force majeure event. By participating in the Contributing or receiving and holding Tokens, to the extent permitted by applicable law, the Contributor agrees that no other party may be held liable for any Loss arising out of, or in any way connected to, any Force majeure event
7.1. GAWOONI makes no representations concerning the tax implications of participating in the Contributing or receiving and holding Tokens.
7.2. The Contributor bears the sole responsibility for determining or assessing the tax implications of his/her participation in the Contributing or receiving and holding Tokens in all respects and in any relevant jurisdiction.
7.3. By participating in the Contributing or receiving and holding Tokens, to the extent permitted by applicable law, the Contributor agrees that no other party may be held liable for any Loss arising out of, or in any way connected to, any tax liability the Contributor may incur in connection with his/her participation in the Contributing or receiving and holding Tokens.
8. Intellectual property.
8.1. Unless otherwise stated, the content and information on the Website are the property of GAWOONI. the Contributor may not download, reproduce, or retransmit any information, other than for noncommercial individual use. The Contributor is granted a limited, nontransferable, revocable license to view and copy the information solely for personal use only.
8.2. All intellectual property rights comprised in the information, text, graphics, logos, images, audio clips, data compilations, scripts, software, technology, sound or any other materials or works found in the Website shall vest in and remain property of GAWOONI. The Contributor is permitted to download and print such materials from the Website for personal and noncommercial use provided that the Contributor does not breach these terms and conditions.
9.2. The Contributor may be contacted by GAWOONI regarding the Contributing before, during and after the Contributing.
9.3. GAWOONI may request additional information from the Contributor if such information is required by applicable laws or required to provide any technical support requested by the Contributor.
10. NO LIABILITY.
The Contributor acknowledges and agrees that, to the fullest extent permitted by any applicable law, the Contributor will not hold any developers, auditors, contractors or founders of GAWOONI, GAWOONI Project liable for any and all damages or injury whatsoever caused by or related to the use of, or the inability to use, GAWOONI and/or GWON under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that developers, auditors, contractors or founders of the GWON and/or GAWOONI Project shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of GAWOONI Project and/or GWON.
GAWOONI will not be liable (whether in an action in negligence, contract or tort based on a warranty or otherwise) for any Loss even if GAWOONI or its representatives are advised of the possibility of such Loss, howsoever caused as a result, directly or indirectly, of or arising from or in connection with: (a) the Contributor’s participation in the Contributing, receiving and holding Tokens; (b) any access, the use of, or inability to access or use, the Website; (c) the Contributor ‘s reliance on or use of or inability to use the content and information of the Website or any linked website; (d) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure of the Website or any linked website; (e) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (f) unauthorized access to or alteration of the Contributor ‘s transmissions or data; (g) statements or conduct of any third party on the Website; or (h) any other matter relating to the Website.
11. Governing law.
This document shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any and all disputes arising out of this document.
12. KYC &AML.
GAWOONI reserves the right to conduct “Know your customer” and “Anti-money laundering” checks on Contributors if it becomes required by the applicable laws. The Contributor is obliged to provide GAWOONI with all information requested by GAWOONI in such case. If not, the Contributor is deprived of the right to participate in GAWOONI as well as the Contributor loses his/her GWON without any refund.
GAWOONI will cooperate with all law enforcement inquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdiction.
The Contributor will indemnify GAWOONI from and against all Loss in any way arising out of the Contributor’s participation in the Contributing or receiving and holding Tokens, or using of the Website.
GAWOONI shall not be held liable for any fraudulent transactions. Any transaction flagged as fraud by GAWOONI’s system shall be reversed back to the Contributor. GAWOONI reserves the right to suspend or to close the Contributor’s account.
15. Complete Agreement.
The Contributor and GAWOONI agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.