TERMS AND CONDITIONS

By joining our community or using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refer to Kabu Entertainment website, "we," "us," "our," and "Kabu Entertainment" refer to Kabu Entertainment, and "you" and "user" refer to you, the user of Kabu Entertainment.

The following terms and conditions apply to the community, website and services offered by Kabu Entertainment. This includes the discord community, mobile and tablet versions of the website, as well as any other version of Kabu Entertainment accessible via desktop, mobile, tablet, social media, or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM Kabu Entertainment WEBSITE.

DEFINITIONS

For the purposes of these Terms and Conditions:

1. "Website" refers to Kabu Entertainment's online platform available at https://kabu.xyz.
2. "Services" refers to all features and functionalities provided by Kabu Entertainment, including but not limited to NFT sales, blockchain-based transactions, and community engagement.
3. "Community" refers to all users interacting via the website, Discord, and other social platforms managed by Kabu Entertainment.
4. "Platform" collectively refers to the website, mobile versions, and any associated services operated by Kabu Entertainment.
5. ACCEPTANCE OF TERMS

This agreement sets out the legally binding terms for your use of Kabu Entertainment. By using the website or joining our community, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not join the community or use the website and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use Kabu Entertainment after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

Kabu Entertainment may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in accordance with these terms and conditions and all applicable local, state, national, and international laws, rules, and regulations, specifically the commercial and financial laws and regulations applicable to your jurisdiction.

By using the website and services, you represent and warrant that: you are 21 years or older, of age of consent, and that you have the full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

1. KABU ENTERTAINMENT

Kabu Entertainment is a family-friendly entertainment IP operating out of Ras Al-Khaimah, UAE, as a licensed legal entity within the Ras Al-Khaimah Digital Assets Oasis (RAK DAO) ecosystem. The company merges blockchain technology, digital collectibles, and storytelling to create a decentralized entertainment brand centered around Non-Fungible Tokens (NFTs).

At the core of Kabu Entertainment is Sunset City, a universe built around 7,000 unique NFT-based characters designed for long-term scalability and profitability. The company prioritizes intellectual property (IP) expansion beyond Web3, leveraging NFT ownership to build a multimedia brand with potential ventures into TV shows, toys, games, merchandise, and immersive experiences.

1. PAYMENTS

Payments for our services are exclusively accepted in supported cryptocurrencies through a compatible digital wallet (“wallet”). By connecting your wallet through our website, you grant permission to Kabu Entertainment to access your wallet for processing transactions.

Users are responsible for ensuring they send the correct amount in cryptocurrency, including any applicable gas fees. Transactions are final, and Kabu Entertainment does not offer refunds or reversals once a transaction is completed.
<br/>Kabu Entertainment is not responsible for failed or delayed transactions due to blockchain congestion, smart contract failures, or other network-related issues.

1. DISCLAIMER & ASSUMPTION OF RISK

KABU ENTERTAINMENT IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY.

Our Services do not store, send, or receive cryptocurrency assets. This is because cryptocurrency assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of cryptocurrency assets occurs within the supporting blockchain and not on the services. Transactions in NFTs may be irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
<br/>Cryptocurrencies and NFTs are speculative digital assets with high volatility. Transactions may be irreversible, and users may lose the entire value of their investment. Kabu Entertainment does not guarantee any profits, returns, or financial gains from the use of its services.

All transactions occur on public blockchain networks, and Kabu Entertainment has no control over blockchain operations, transaction finality, or third-party security breaches. Users are responsible for securing their private keys, wallets, and digital assets.

The cryptocurrency and NFT markets are highly unpredictable, and prices may fluctuate significantly. Users should conduct independent research and consult financial professionals before making any transactions

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the services and the utility of NFTs.

By using our services, you represent and agree that Kabu Entertainment does not at any time guarantee any profit or gain from the use of any of the services available on the website and that the sale and purchase of NFTs and transactions in the cryptocurrency market may be considered high-risk transactions that may involve potential and substantial losses of your investments in these markets.

In making a decision to enter into a transaction, you should consider your financial situation before making any capital investment through our services. You should understand that there are inherent risks of substantial capital or investment losses when trading cryptocurrencies and NFTs.

Users using our services will not benefit from the protections available for financial and investment services and products that are unregulated.

The cryptocurrency and NFTs markets are determined by demand and supply. The cryptocurrency and NFTs market can be an unpredictable and volatile environment, and prices can be highly speculative and are subject to constant change by the market. Please note that products may lose their value.

Trading cryptocurrencies and NFTs should be considered a high-risk activity and therefore should not be operated without the necessary knowledge or experience. It is recommended to understand the characteristics and risks inherent in these products before trading or making purchases in these markets. The user should understand that there is a high risk of loss when making purchases with cryptocurrencies if the markets move negatively against the user's position. It is important for the user to consider the risks inherent in each product and choose the type of product that best suits the user's financial situation.

Users declare and agree that they will be responsible for the calculation and payment of any taxes that may be generated by transactions made through our website. Kabu Entertainment is not responsible for incorrect tax calculations displayed through the website, if any. The user is solely and exclusively responsible for verifying such information and making the calculation and payment of taxes that may be generated by transactions made through our website. Kabu Entertainment does not accept claims from users in relation to the calculation of taxes shown on our website.

By accessing the website and services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any damage or loss you suffer as a result of your use or non-use of our website and services. You agree to use your judgment and exercise due diligence before taking any action or applying any advice suggested or recommended through the website and services.

Your use of our information and content should be based on your own due diligence and research. You agree that Kabu Entertainment is not responsible or liable at any time or under any circumstances for the success or failure of your investments or transactions relating directly or indirectly to the website. Do not trade or invest based solely on the information and content available on the website.

By accessing and viewing any material or information within this website, you agree that it is for general informational and educational purposes only and will not hold any person or entity liable for any resulting loss or damage.

By accessing and using the services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems and that you have a working knowledge of digital assets. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing, using, and interacting with the services.

While we strive to keep the information up to date and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the platform or the information, products, services, or related graphics contained on the platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Kabu Entertainment does not guarantee any specific results or outcomes from the use of our platform. The effectiveness of web automation strategies may vary depending on various factors, including but not limited to individual user strategies, market conditions, and technological limitations. Users are solely responsible for their use of the platform and any outcomes resulting from such use.

While we strive to ensure the uninterrupted availability and security of our platform, we do not guarantee that the platform will be error-free or continuously available at all times. We reserve the right to suspend, modify, or discontinue any aspect of the platform at any time without prior notice.

Our platform may contain links to third-party websites or resources. These links are provided solely for your convenience and do not imply any endorsement by Kabu Entertainment of the content or services provided by such third parties. We have no control over the content or availability of these sites, and we are not responsible for any content, products, services, or practices of third-party websites.

Kabu Entertainment is in no way responsible for the actions, services, or failures of any third-party service providers involved in any of Kabu Entertainment’s operations. Participants and users agree that Kabu Entertainment will not be held liable for any issues arising from third-party services, including but not limited to losses, delays, or inaccuracies that may affect the participants’ experience or investment outcomes.

1. USING THE PLATFORM

The property rights of the website and the methods used on the website belong exclusively to Kabu Entertainment. Any physical or virtual exposure of the methods used on the website may result in violations of Kabu Entertainment’s intellectual property rights.

Under any circumstances, you may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software without our written permission.

The user agrees not to use the services negligently, for fraudulent purposes, or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Kabu Entertainment’s website or third parties.

Kabu Entertainment reserves the right to terminate your access immediately, with or without notice, and without liability to you if Kabu Entertainment believes that you have violated any of these terms or interfered with the use of the website or service by others.

1. COPYRIGHT

All materials, including without limitation names, logos (some logos are shown as fair use), trademarks, images, text, columns, graphics, videos, software, and other elements are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by Kabu Entertainment or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Kabu Entertainment are made available for limited non-commercial personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way or otherwise used for any purpose by any person or entity without Kabu Entertainment’s prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to use Kabu Entertainment or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as this will constitute copyright infringement for which Kabu Entertainment reserves its rights to prosecute such infringement.

1. COPYRIGHT INFRINGEMENT

Kabu Entertainment acknowledges the importance of intellectual property rights and is committed to compliance with applicable copyright laws. We take all inquiries, complaints, and claims regarding alleged infringement seriously.

If you believe in good faith that content on our platform infringes your copyright, you may submit a DMCA takedown request. Your request must include:

1. A detailed description of the copyrighted work allegedly infringed.
2. The URL or location of the infringing content.
3. Your contact information (email, address, phone number).
4. A statement under penalty of perjury that you own the copyright or are authorized to act on behalf of the owner.
5. Your signature (electronic or physical).

DMCA notices should be sent to "business@kabu.xyz"

1. PERSONAL DATA

Any personal information you submit in connection with the use of the website will be used in accordance with our privacy policy. By using the website, you agree that we may collect and store your personal information. Please see our privacy policy for any additional details.

1. PROHIBITED ACTIVITIES

The content and information available on the website (including but not limited to data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, is proprietary to Kabu Entertainment or licensed to Kabu Entertainment by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from or through the website. In addition, the following activities are prohibited:

1. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any content of the services, including but not limited to using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission;
2. Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
3. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
4. Take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
5. Deep-link to any portion of the services for any purpose without our express written permission;
6. "Frame," "mirror," or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
7. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Kabu Entertainment in connection with the services;
8. Circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content; or
9. Download any content unless it’s expressly made available for download by Kabu Entertainment.

Kabu Entertainment is not obligated to monitor access to or use of the services or to review or edit any content. However, we have the right to do so for the purpose of operating the services, to ensure compliance with these terms, and to comply with applicable law or other legal requirements.

1. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

Because of the nature of the Internet, Kabu Entertainment provides and maintains the website on an "as is," "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You assume all risks associated with using our services and digital assets and decentralized systems generally, including but not limited to that: (a) digital assets are highly volatile; (b) staking or delegating digital assets is inherently risky due to both features of such assets and systems and the potential unauthorized acts of third parties; (c) you may not have ready access to assets; and (d) you may lose some or all of your tokens or other assets.

You agree that you will have no recourse against anyone else for any losses due to the use of our services. For example, these losses may arise from or relate to: (i) lost funds; (ii) server/website failure or data loss; (iii) corrupted cryptocurrency wallet files; (iv) unauthorized access; (v) errors, mistakes, or inaccuracies; or (vi) third-party activities. We do not collect any personal data, and your interaction with our services will solely be through your public digital wallet address. Any personal or other data that you may make available in connection with our services may not be private or secure.

You will be responsible for any breach of these terms by you, and if you use the website in breach of these terms, you will be liable to and will reimburse Kabu Entertainment for any loss or damage caused as a result.

Kabu Entertainment will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, war, or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Kabu Entertainment excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, or consequential loss, whether or not such arises out of any problem you notify to Kabu Entertainment, and Kabu Entertainment shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

1. Any incorrect or inaccurate information on the website.
2. The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website.
3. Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to or alteration of your transmissions or data in circumstances which are beyond our control.
4. Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss which does not directly result from something we have done wrong.
5. Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data, or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Kabu Entertainment.
6. All representations, warranties, conditions, and other terms which but for this notice would have effect.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Kabu Entertainment BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE EVEN IF Kabu Entertainment HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND ACCEPT THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN Kabu Entertainment AND YOU.

1. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Kabu Entertainment for failed, partial, or garbled computer transmissions, for any computer, telephone, cable, network, electronic, or Internet hardware or software malfunctions, failures, connections, availability, Internet accessibility or availability, or for traffic congestion, or unauthorized human act, including any errors or mistakes.

1. INDEMNIFICATION

You agree to defend and indemnify Kabu Entertainment from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees brought by third parties as a result of:

1. Your breach of this agreement or the documents referenced herein.
2. Your violation of any law or the rights of a third party.
3. Your use of the website and services.
4. CHANGES AND TERMINATION

We may change the website and these terms at any time in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms, and any changes will supersede all previous versions of the terms. If you don’t agree to be bound by the changes, you may not use the services anymore. Because our services are evolving over time, we may change or discontinue all or any part of the services at any time and without notice at our sole discretion. Notwithstanding anything contained in these terms, we may suspend, modify, or terminate your access to and use of the services and the language of these terms at our sole discretion at any time and without notice to you. You may disconnect your digital wallet at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party to the fullest extent permitted by applicable law.

1. ASSIGNMENT

This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Kabu Entertainment without restriction.

1. INTEGRATION CLAUSE

This agreement, together with the privacy policy and any other legal notices published by Kabu Entertainment, shall constitute the entire agreement between you and Kabu Entertainment concerning and governs your use of the website and the services.

1. COMPLIANCE DISCLAIMER

Users acknowledge that it is their sole responsibility to ensure compliance with all applicable laws and regulations in their jurisdiction before using Kabu Entertainment’s services. The platform may not be accessible in jurisdictions where cryptocurrency transactions are restricted or illegal. Kabu Entertainment reserves the right to deny service or block access in jurisdictions with unclear or prohibitive regulations..

The platform and its products may not be legal or permissible in all countries, and their availability and use may be subject to local, national, or international regulations.

By accessing and using this platform and its products, users explicitly declare that they have verified and ensured their compliance with all applicable laws and regulations in their place of residence or operation.

The platform, its owners, operators, and affiliates disclaim any liability for any consequences, legal or otherwise, arising from a user’s failure to comply with their home country’s regulations or any other relevant laws.

Kabu Entertainment appreciates any feedback, comments, ideas, proposals, and suggestions for improvements to the services. If you choose to submit feedback, you agree that we are free to use it without any restriction or compensation to you.

1. DISPUTES

An independent arbitration process can only be used to resolve any future disputes if amicable negotiations or mediation cannot be achieved. The costs related to the mediation or arbitration should be borne equally by both parties.

In the event of any dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall first seek an amicable settlement either via direct negotiations or mediation. If the dispute is not settled within 30 days, the parties agree in writing the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of DIAC (Dubai International Arbitration Center), which Rules are deemed to be incorporated by reference into this clause.

1. The number of arbitrators shall be three.
2. The seat, or legal place of arbitration shall be Dubai, United Arab Emirates.
3. The language to be used in the arbitration shall be English.
4. The governing law of the contract shall be the substantive law of the United Arab Emirates.

To the fullest extent permitted by law, you agree that you will not file, join, or participate in any class action lawsuit in connection with any claim, dispute, or controversy that may arise in connection with your use of our website and services.

By using this website and its services, you consent to the jurisdiction and venue of the above-mentioned courts and agree that any legal action or proceeding shall be conducted exclusively in accordance with the jurisdiction determined by the type of service acquired.

1. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through the contact information below:

Email: business@kabu.xyz