Terms & Services These Terms And Conditions Constitute The User Agreement And Terms Of Service (Hereafter The “Terms & Conditions”) Between Https://Capa.Network (The “Platform”), (Referred To Collectively As “Capa” Or The “Site”) And Any Person, Customer, Or Entity (Referred As The “User”) Utilizing The Platform, And Any Products, Features, And Services Provided Thereon (“Platform Services”). These Terms & Conditions Do Not Create Any Agency, Partnership, Or Joint Venture Between Capa And User. By Using The Platform Or Purchasing Any Platform Assets Or Signing Up For Any Associated Websites, APIs, Or Mobile Applications, The User Acknowledges And Agrees To These Terms & Conditions. These Terms & Conditions May Be Amended And Updated From Time To Time With The Revised Versions Being Effective As Of The Date And Time Posted On The Platform Site. By Accessing Or Using The Platform Or Purchasing A Platform Asset, You Confirm And Consent To Any Revised Terms & Conditions And All Of The Terms Incorporated Therein By Reference. The User Is Expected And Encouraged To Review The Terms & Conditions Periodically. If The User Does Not Agree To Any Updated Terms Included In The Terms & Conditions, The User Must Not Use The Platform Or Any Related Platform Services. THE USER UNDERSTANDS THAT DUE TO THE NATURE OF BLOCKCHAIN IT IS NOT REQUIRED TO CREATE AN ACCOUNT TO PURCHASE A PLATFORM ASSET AND AS SUCH UNDERSTANDS IF THE USER MAKES USE OF THE PLATFORM OR PLATFORM ASSETS IT IS BOUND BY THESE TERMS & CONDITIONS REGARDLESS OF WHETHER A CHECKBOX IS PROVIDED TO CONSENT. The User Acknowledges And Agrees It Is Subject To This Agreement, The Terms And Conditions Of The Capa Site (Https://Capa.Network/Sartlar), And Capa’s Privacy Policy (Https://Capa.Network/gizlilik_Politikasi). Please Refer To The Privacy Policy For Information On How The Platform Collects, Uses, And Shares Personal Information About The User, And How The User May Opt Out. USER AFFIRMS THEY ARE OVER THE AGE OF 18, AS THE PLATFORM AND PLATFORM SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THE AGE OF 18. PLEASE READ THESE TERMS & CONDITIONS DILIGENTLY BEFORE USING THE PLATFORM. THESE TERMS & CONDITIONS WILL GOVERN YOUR USE OF THE PLATFORM, AND BY USING THE PLATFORM, YOU HEREBY AGREE AND CONFIRM THAT YOU UNDERSTAND AND ARE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO A CONTRACT ON BEHALF OF SAID COMPANY OR LEGAL ENTITY AND HAVE THEREBY ACCEPTED THESE TERMS ON BEHALF OF THE SAME. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT HAVE THE AUTHORITY TO DO SO, YOU MAY NOT USE THIS PLATFORM. 1. PLATFORM SERVICES. 1.1 Capa Is A Decentralized Distributed Application On A Blockchain Network, Using Smart Contracts (Each A “Smart Contract”) To Enable Its Users To Own, Buy, Sell, Transfer, And Share Unique Digital Rewards That Can Be Interacted With On The Platform Through The Capa App. Purchases. The Platform May Provide Users With The Ability To Purchase Platform Assets (As Defined Below) Through Its Platform, Platform Auction (As Defined Below), Or A Means Other Than The Platform Or Platform Auction. ANY PURCHASE OR SALE THAT YOU MAKE VIA THE PLATFORM, PLATFORM AUCTION, OR A MEANS OTHER THAN THE PLATFORM OR BY WAY OF PLATFORM AUCTION, OR ANY PRODUCTS, FEATURES, AND SERVICES CONTAINED PROVIDED THEREON, IS ENTIRELY AT YOUR OWN RISK, EVEN IF SAID PURCHASE CONTAINS PLATFORM ASSETS OR IS ON THE PLATFORM USING THE PLATFORM AUCTION. NEITHER THE PLATFORM NOR Capa WILL INDEMNIFY OR HOLD THE USER HARMLESS FOR SAID PURCHASE/AUCTION OR OWE ANY LEGAL DUTY OR OBLIGATION TO THE USER. USER BEARS THE FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF PLATFORM ASSETS PURCHASED ON THE PLATFORM VIA PLATFORM AUCTION OR ANY OTHER MEANS. Capa AND THE PLATFORM MAKE NO REPRESENTATIONS REGARDING THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF PLATFORM ASSETS. USER ALSO AGREES AND ACKNOWLEDGES THEY ARE SUBJECT TO THE LICENSING TERMS AND RESTRICTIONS ACCOMPANYING THE USE OF ANY PURCHASED PLATFORM ASSETS, INCLUDING BUT NOT LIMITED TO, RESTRICTIONS ON COMMERCIAL OR NON-COMMERCIAL USE (COLLECTIVELY THE “TERMS AND RESTRICTIONS”). USER IS SOLELY RESPONSIBLE FOR ABIDING BY THE TERMS AND RESTRICTIONS, AND Capa IS NOT LIABLE IN THE EVENT USER DOES NOT ABIDE BY THE TERMS AND RESTRICTIONS. 1.2 Platform Assets. Platform Assets Refer To Non-Fungible Tokens (“NFTs”) That Are Made Available Via Platform Auction On The Platform By Capa, Created And Implemented On The Tron Network Or Other Blockchain Platform(S) That The Platform Allows, By Way Of Smart Contract Or Otherwise. 1.3 Platform Auction. Platform Auction Refers To The Sale Mechanism Supported By The Platform In Which Platform Assets Are Made Available For Purchase By Users. Capa Reserves The Right To Publish A Guide And/Or Rules Surrounding The Platform Auction At Any Time (Including, But Not Limited To, Disclosure Of Odds Related To Any Individual Platform Auction Sale). Said Rules, If Created, Will Be Incorporated Into This Agreement By Reference. All Transactions Via Platform Auction Are Initiated And Fulfilled By Ways Of Wallet Extensions And Decentralized Blockchain Technology. 2. OWNERSHIP RIGHTS AND LICENSE TO ACCESS/DISPLAY PLATFORM SERVICES AND PLATFORM ASSETS 2.1 NFT Ownership. When A User Purchases A Platform Asset, The User Owns The Underlying NFT Completely For As Long As The User Owns The Platform Asset. Ownership Of The NFT Is Mediated Entirely By The Smart Contract And Tron Network (Or Any Other Applicable Network): At No Point May Capa Seize, Freeze, Or Otherwise Modify The Ownership Of The Platform Asset. The User Acknowledges And Agrees That While The User May Own A Platform Asset, The Underlying Embedded Intellectual Property Rights May Be Subject To Certain Licensing Requirements, And Capa May Only Convey Such Rights To Users So Long As Capa Holds A Valid License To The Intellectual Property. Capa Reserves The Right To Convey Such Rights And Licenses As It Is Able At Its Discretion. If Such License Terminates, Capa, And By Extension The User, May Not Have Any Rights To The Underlying Embedded Intellectual Property In The User's Owned Platform Asset, And The Underlying Embedded Intellectual Property May Be Changed Or Removed At Capa's Determination. 2.2 Usage And Display Rights. Subject To The Continued Compliance With The Terms And Conditions (Only Where The Platform Has The Right To Offer Same AND For Only As Long As The User Still Owns The Platform Asset), The User Is Granted With A Worldwide, Non-Exclusive, Non-Transferable, Royalty-Free License To Use And Display The IP Embedded In And Underlying The Platform Asset Solely For The Following Purposes: (1) For The User’s Personal, Non-Commercial Use; (2) As A Part Of The Platform Auction That Allows For The Purchase And Sale Of Platform Assets Or On The Platform Itself (If Applicable), Or; (3) As The Party Of A Third-Party Marketplace Or Application That Allows The User To Transfer Its User’s Platform Asset And Permits The Inclusion, Involvement, Or Participation Of The Platform Asset. 2.3 Limitation On Rights. The User Agrees And Acknowledges The User’s Rights In The Underlying Intellectual Property Embedded In The Platform Asset May Be Restricted. By Way Of Example Only, An NFT With An Embedded Song May Allow Users To Listen To The Song, But Does Not Allow The User To License The Song For Use In A Motion Picture Or Television Series. The User Understands And Agrees That It Is The User’s Sole Responsibility To Understand What Rights The User Has In Any Platform Asset At All Times, Whether Detailed On The Smart Contract, Platform, Capa Store Page, Any Capa Website, Or Any Other Linked Or Referenced Sales Or Informational Sites. The User Further Acknowledges And Agrees That The User’s Rights In The Underlying Embedded Intellectual Property Are Limited To The Rights Actually Conveyed To Capa By The Underlying Intellectual Property Holder, And The User Does Not Outright Own The Underlying Intellectual Property Embedded In Any Platform Asset. 3. Capa SERVICES. 3.2 Capa Blockchain. The Capa Blockchain Stores Items, Characters, Digital Rewards, And Other Data As A Public Ledger That Allows For Decentralized, Immutable Record Of Ownership. Each User Owns The Fungible Tokens And Non-Fungible Tokens (“NFT”) For Their Items On The Capa Blockchain. When A User Purchases, Earns, Or Receives Any NFT Or Digital Reward, The User Owns The NFT And/Or Digital Reward. For The Avoidance Of Doubt, The User Acknowledges And Agrees That While The User May Own A Platform Asset, The Underlying Embedded Intellectual Property Rights May Be Subject To Certain Licensing Requirements, And Capa Can Only Convey Such Rights To Users So Long As Capa Holds A Valid License To The Intellectual Property. If Such License Terminates, Capa, And By Extension The User, May Not Have Any Rights To The Underlying Embedded Intellectual Property In The User's Owned Platform Asset, And The Underlying Embedded Intellectual Property May Be Changed Or Removed At Capa's Determination. 3.3 Capa Reward. Each User Of The Capa Blockchain, Platform, Or Platform Services, May Be Able To Earn Or Receive The Capa Reward. The “Capa Reward” Consists Of A Representation Of Capa Token, Or Other Music Or Game Tokens And NFTs, Reflected On The Capa Blockchain And/Or Capa App And The Site, Which May Or May Not Be Bridged To Other Blockchains (Including But Not Limited To Tron) Through A Minting Process Solely At The Option And Action Of The User. When Referencing The NFTs On The Platform Themselves In The Singular And Not Specifically As A Part Of The Capa Reward, Same Shall Be Referred To Herein As “Platform Asset.” The Capa Reward Is A Digital Reward And Not A Security Token. The Capa Reward Is Not Being Offered To Investors And There Is No Initial Coin Offering (ICO) To Promote The Capa Reward. Like BTC (Which Is The Digital Reward Generated From The Bitcoin Blockchain), The Capa Reward Is Created Through A Unique Blockchain Protocol. The Capa Reward, Any NFT, And Any Other Digital Reward May Reside Solely Within The Capa Blockchain, And May Or May Not Have Value. Capa Cannot, And Does Not, Control Whether Any Of The Capa Reward, Any NFT, And Any Other Digital Reward Has Monetary Value On Any Other Blockchain. On The Capa Blockchain, The Site, Or Any Associated Website, Neither The Capa Reward Nor NFT Nor Other Digital Reward May Be Exchanged For Currency. 4. SERVICE LIMITATIONS AND MODIFICATIONS 4.1 Service Limitations. We Use Reasonable Efforts To Keep The Platform And Any Associated Services Operational And To Provide You With An Immersive Audio Experience. However, Our Service Offerings And Their Availability May Change From Time To Time, Without Liability To You; For Example The Platform May Experience Temporary Interruptions Due To Technical Difficulties, Maintenance Or Testing, Or Updates, Including Those Required To Reflect Changes In Relevant Laws And Regulatory Requirements. 4.2 Service Modifications. We Aim To Evolve And Improve The Platform Constantly, And We May Modify, Suspend, Or Stop (Permanently Or Temporarily) Providing All Of Part Of The Platform (Including Particular Functions, Features, Subscription Plans, And Promotional Offerings). 4.3 No Obligation. Capa Has No Obligation To Provide Any Specific Content Through The Platform. 5. ACCOUNT REGISTRATION AND COMMUNICATION 5.1 Registration. Should An Account Ever Be Required, The User Represents And Warrants That All Information Provided By The User In The Creation Of An Account Is True And Accurate At The Time Of Account Creation. The User Represents And Warrants That Should Said Information Change, The User Shall Immediately Update As Necessary. The User Agrees That It Will Not Create A Second Account While Its First Account Remains In Existence, That It Will Not Buy, Sell Or Lease Its Account, Share Its Account, Or Connect Its Account With An Unauthorized Third-Party Site, Person, Or Otherwise. 5.2 Changes In Registration Requirements. At Any Time, Capa May Change The Requirements Based On Applicable Law, Regulation, Or For Any Other Reason. As Such, Capa May Ask The User For Additional Information And/Or Documentation. Should The User Fail To Reply In A Timely Manner And/Or Fail To Provide The Desired Information And/Or Documentation Within A Timeframe To Be Determined By Capa At Capa’s Discretion, Capa May Temporarily Suspend The User’s Account Or The Ability To Engage In Transactions On The User’s Account, Until The Request Is Fulfilled, At Capa’s Discretion. 5.3 Communications. We May Provide Disclosures And Notices Required By Law And Other Information About Your Platform Account To You Electronically By Posting It On Our Website, Pushing Notifications Through The Platform, Or Emailing It To The Email Address Listed In Your Platform Account Or That You Otherwise Provided To Capa. Electronic Disclosures And Notices Have The Same Meaning And Effect As If We Had Provided You With Paper Copies. Such Disclosures And Notices Are Considered Received By You Within Twenty-Four (24) Hours Of The Time Posted To Our Website Or Within Twenty-Four (24) Hours Of The Time Emailed To You Unless We Receive Notice That The Email Was Not Delivered. If You Wish To Withdraw Your Consent To Receiving Electronic Communications, Contact Support. If We Are Unable To Support Your Request, You May Need To Terminate Your Platform Account. 6. ADDITIONAL REWARDS. Capa Film May, From Time To Time Allow User To Receive A Reward, In The Form Of Capa Reward, NFT, Or Otherwise, Based On Actions Taken By The User, Whether It Be By Referral Or Other Program In Place At The Time (“Additional Rewards”). Such Additional Rewards May Take The Shape Of An Internal Bonus, Affiliate Code, Or Agreement With An Affiliate That Requires The User To Accept The Affiliate Terms And Conditions To Participate. Capa Film Shall, In Its Sole Discretion, And With No Notice, Be Permitted To Choose If, How And When Any Referral Bonus May Be Offered To The User. User Understands That Capa Makes No Representations Or Warrants Regarding The Additional Rewards. Notwithstanding Or Limiting The Foregoing, Capa Further Makes No Representations Or Warrants Surrounding The Operation Of Any Capa Services Or That Said Capa Services/Additional Rewards Will Be Error-Free Or Uninterrupted. User Accepts The Sole Responsibility For Taking Any And All Actions To Obtain Any Additional Rewards, And Holds Capa Harmless For Any Opportunity Cost Or Losses That Occur As A Result Of The Non-Receipt Of Anticipated Additional Rewards, Monetary Or Otherwise. 6.1 By Sharing Your Unique Referral Code, You Understand And Agree To Provide An FTC Disclosure “Clearly And Conspicuously” Where Legally Required. 6.2 User Acknowledges And Agrees That Additional Rewards ARE NOT Being Sold As An Investment By Or Of Capa. THE USER UNDERSTANDS THAT ANY REPRESENTATIONS MADE BY THE USER AT ANY TIME THAT ANY OF THE Capa SERVICES ARE AN INVESTMENT IN Capa (OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IN GENERAL) TO OTHERS IN A DIRECT ATTEMPT TO MARKET Capa SERVICES IN COORDINATION WITH SUPPLYING USER’S REFERRAL LINK IS A DIRECT BREACH OF THE TERMS & CONDITIONS. A Determination Of Same Will Be Made At The Sole Discretion Of Capa. 7. TERMINATION 7.1. General. Capa May Suspend Or Terminate The User’s Access And Use Of Platform Services Immediately And Without Notice If: (I) Capa Determines The User’s Use Of The Platform Services Poses A Security Risk To The Platform Services Or Any Third-Party, Could Adversely Impact Capa Or Any Other Capa Users, Or Could Subject Capa, Its Affiliates, Or Any Third-Party To Liability, Or Could Be Fraudulent; (Ii) The User Is In Breach Of These Terms & Conditions; (Iii) The User Initiated A Chargeback Or Dispute With Respect To Any Payment Or Purchase Of The Platform Services; (Iv) The User Has Ceased To Operate In The Ordinary Course, Made An Assignment For The Benefit Of Creditors Or Similar Disposition Assets, Or Become The Subject Of Any Bankruptcy, Reorganization, Liquidation, Dissolution Or Similar Proceeding; (V) Creates Or Lists False Items; (Vi) Uses The Platform From A Country Sanctioned By The United States; (Vi) Places Misleading Bids Or Offers; (Vii) Spam Lists Items, Or; (V) For Any Other Reason That Capa Determines, At Capa’s Sole Discretion. 7.2. Effect Of Suspension Or Termination. Should Capa Suspend Or Terminate The User’s Right To Access Or Use Of Platform Services, At Any Time And For Any Reason, Neither Capa Nor The Platform Shall Have Any Liability Or Obligation To The User. The User Will Not Be Entitled To Any Refund Or Other Damages. 8. PUBLICITY The User Is Permitted To Publicly State That It Is A Customer Or User Of Capa, Consistent With Any Trademark Guidelines In Which May Be Adopted By Capa From Time To Time. The User Agrees To Abide By The Privacy Policy And Code Of Conduct Of Capa. 9. REPRESENTATIONS AND WARRANTIES Each Party Represents And Warrants That: (I) It Has Full Power And Authority To Enter Into These Terms & Conditions; And (Ii) It Will Comply With All Laws And Regulations Applicable To Its Provision Or Use Of Platform Services. 10. USER OBLIGATIONS 10.1. Login Credentials. The User Represents And Warrants That The User Is Responsible For The Preservation Of Confidentiality Of The User’s Login Credentials On The Platform And Any Other Login For The Platform. Login Credentials Generated For The User By The Platform Are For The User’s Use Only. In Addition, The User Is Strictly Prohibited From Selling, Transferring, Or Sub-Licensing Them To Any Other Entity Or Person. The User Is Solely Responsible For Preserving The Confidentiality Of The User’s Wallet Extension, Private And Public Keys, And Any Other Information Required To Import A Wallet Extension. 10.2. Blockchain Network Risk. The User Represents And Warrants That The User Accepts All Blockchain Protocol And Network Risks, Including Instability, Congestion, High Transaction Costs, Network Latency, Information Security, Regulatory Risk, And Technological And Operational Error. The User Understands These Risks May Result In Delays Or Failure To Process Transactions And Potentially High Blockchain Transaction Fees Or Third-Party Fees. The User Represents And Agrees That The Platform (Including Capa) Is Not Responsible For Any Diminished Platform Services, Related Features, Or Capabilities Resulting From Blockchain Network Risk. In The Event Of A Material Increase Or Decrease To Blockchain Transaction Fees, Third-Party Fees, Or Operational Degradation, Congestion, Failure, Or Other Disruption Of The Blockchain Network Used By The User, Capa Or The Platform May, At Its Sole Discretion And Upon Notice To The User, Make Any Adjustments To The Platform Services. 10.3. Blockchain Modification Risk. The User Represents And Warrants That The User Is Familiar With And Accepts The Risks Associated With Blockchain Development And Code Changes. Blockchain Technologies Are Still Under Development And May Undergo Significant Changes Over Time. Blockchain Contributors May Make Changes To The Features And Specifications Of The Algorithm Selected By The User. Such Modifications May Include Or Result In The Elimination Of Support For Specific Algorithms And Applications. 10.4. Trade Compliance. User Shall Comply With All Applicable Import, Re-Import, Sanctions, Anti-Boycott, Export, And Re-Export Control Laws And Regulations, Including All Such Laws And Regulations That Apply To European Union And U.S. Companies, Such As The Export Administration Regulations, The International Traffic In Arms Regulations, And Economic Sanctions Programs Implemented By The Office Of Foreign Assets Control And The European Union’s Common Foreign And Security Policy (Collectively, “Trade Sanctions Laws”). The User Represents And Warrants That The User And The User’s Financial Institutions, Or Any Party That Owns Or Controls The User Or The User’s Financial Institutions, Are Not Subject To Sanctions Or Otherwise Designated On Any List Of Prohibited Or Restricted Parties, Including But Not Limited To The Lists Maintained By The United Nations Security Council, The U.S. Government (E.G., The Specially Designated Nationals List And Foreign As Evaders List Of The U.S. Department Of Treasury, And The Entity List Of The U.S. Department Of Commerce), The European Union Or Its Member States, Or Other Applicable Government Authority. 10.5 Ownership Restrictions. User Acknowledges And Agrees That Capa, The Platform, Any Content Creator, Or Third Party Contact Provider (Or, As Applicable, Any Licensors) Own All Legal Right, Title, And Interest In And To All Elements Of Their Respective Intellectual Property Rights Therein. The Visual Interfaces, Graphics (Including, Without Limitation, All Art And Drawings Associated), Design, Systems, Methods, Information, Computer Code, Software, Services, “Look And Feel,” Organization, A Compilation Of The Content, Code, Data, And All Other Elements Of Any Content Provided On The Site, The Platform Are Protected By Copyright, Trade Dress, Patent, Trademark Laws, International Conventions, Other Relevant Intellectual Property And Proprietary Rights, And Applicable Laws. All Such Intellectual Property Is The Property Of Its Owners Or Licensors, And All Trademarks, Service Marks, And Trade Names Are Proprietary To Its Owner Or Licensors. Except As Expressly Set Forth Herein, The Use Of The Platform Services And The Platform Does Not Grant User Any Ownership Of Or Any Other Rights With Respect To Any Content, Code, Data, Or Other Materials That You May Access On Or Through The Platform. 10.6 Responsibility For Conduct. The User Takes Responsibility For All Activities That Occur For Its Use Of The Platform Services. The User Accepts All Risks Of Any Authorized Or Unauthorized Access To The Platform Services, To The Maximum Extent Permitted By Law. The User Represents And Warrants That The User Is Familiar With And Accepts The Risks Associated With Digital Apps And Private Keys, Including The Risks Described Herein. The User Is Solely Responsible For Its Conduct While Accessing Or Using The Platform Services And For Any Consequences Thereof. The User Agrees To Use The Platform Services For Purposes That Are Legal, Proper, And In Accordance With These Terms And Any Applicable Laws Or Regulations. By Way Of Example, And Not As A Limitation, The User May Not, And May Not Allow Any Third-Party To: (I) Send, Upload, Distribute Or Disseminate Any Unlawful, Defamatory, Harassing, Abusive, Fraudulent, Obscene, Or Otherwise Objectionable Content; (Ii) Distribute Viruses, Worms, Defects, Trojan Horses, Corrupted Files, Hoaxes, Or Any Other Items Of A Destructive Or Deceptive Nature; (Iii) Impersonate Another Person (Via The Use Of An Email Address Or Otherwise); (Iv) Upload, Post, Transmit Or Otherwise Make Available Through The Platform Services Any Content That Infringes The Intellectual Proprietary Rights Of Any Party; (V) Use The Platform Services To Violate The Legal Rights (Such As Rights Of Privacy And Publicity) Of Others; (Vi) Engage In, Promote, Or Encourage Illegal Activity (Including, Without Limitation, Money Laundering); (Vii) Interfere With Other Users’ Enjoyment Of The Platform Or Attempt To Defraud Other Users On The Platform; (Viii) Exploit The Platform For Any Unauthorized Commercial Purpose (Including, But Not Limited To The Sale Of Fraudulent Platform Assets; (Ix) Modify, Adapt, Translate, Or Reverse Engineer Any Portion Of The Platform Services; (X) Remove Any Copyright, Trademark Or Other Proprietary Rights Notices Contained In Or On The Platform Or Any Part Of It; (Xi) Reformat Or Frame Any Portion Of The Platform; (Xii) Display Any Content On The Platform That Contains Any Hate-Related Or Violent Content Or Contains Any Other Material, Products Or Services That Violate Or Encourage Conduct That Would Violate Any Criminal Laws, Any Other Applicable Laws, Or Any Third-Party Rights; (Xiii) Use Any Robot, Spider, Site Search/Retrieval Application, Or Other Device To Retrieve Or Index Any Portion Of The Platform Or The Content Posted On The Platform, Or To Collect Information About Its Users For Any Unauthorized Purpose; Or (Xiv) Create User Accounts By Automated Means Or Under False Or Fraudulent Pretenses. 10.7 Representations Made By User. The User Acknowledges And Agrees That The Platform Assets ARE NOT Being Sold As An Investment By, Or Of, Capa Nor The Platform. 11. DISCLOSURES & RISKS 11.1 Notification. Capa Notifies Each User Of Certain Disclosures And Risks Associated With Blockchain, NFTs, And Cryptocurrency And Their Associated Technology And Protocols. Platform Services Are Not An Investment Product; Under No Circumstance, Action, Notice, Communication By Any Means, Or Omission By Capa Shall Be Understood Or Interpreted As Such. Capa Has No Influence Whatsoever On Any Blockchain Integrated Into The Capa Platform, The Transactions, Consensus Protocols, NFTs, Or Wallet Extensions. The Ownership Of An NFT Or Use Of Platform Services Does Not Represent Or Constitute Any Ownership Right, Stake, Share, Security, Debt, Or Equivalent Privileges. Also Inclusive To The Statement Above, A User's Ownership Of NFTs Does Not Include The Right To Receive Any Form Of Revenue From Participation In Or Relating To Any Blockchain Or Digital Reward, Including The Capa Blockchain Or Capa. 11.2 NFTs. NFTs Are Not Considered Legal Tender, Are Not Issued Or Backed By Any Government, And Have Fewer Regulatory Protections Than Traditional Currency. Moreover, NFTs Are Not Insured Against Theft Or Loss By Any Insurance Corporation Or Investor Protection, Including The Federal Deposit Insurance Corporation Or The Securities Investor Protection Corporation. 11.3 Market Risk. The Value Of NFTs Is Derived From Supply And Demand In The Global Marketplace, Which Can Rise Or Fall Independent Of Any Government Currency. Holding NFTs Carries Exchange Rates And Other Types Of Risk. The Value Of NFTs May Be Derived From The Continued Willingness Of Market Participants To Exchange Traditional Government Currency For NFTs, Resulting In The Potential For A Permanent And Total Loss Of Value Of A Particular NFT Should The Market Disappear. The Volatility And Unpredictability Of The Price And Value Of NFTs, Relative To Government Currency May Result In Significant Loss Over A Short Period Of Time. Capa Cannot Guarantee Or Warrant The Value Of Any NFT Or Blockchain, Including The Capa Blockchain And Platform Assets, And Explicitly Warns The User That There Is No Reason To Believe That Any NFT Or Blockchain Asset Will Increase In Value, Hold Any Value, Decrease In Value, Or Entirely Lose Value. 11.4. Regulatory Risk. Legislative And Regulatory Changes Or Actions At The State, Federal, Or International Level May Adversely Affect The Use, Transfer, Exchange, And Value Of NFTs. The Regulatory Status Of Cryptographic Tokens, Digital Assets, And Blockchain Technology Is Unclear Or Unsettled In Many Jurisdictions. It Is Difficult To Predict How Or Whether Governmental Authorities Will Regulate Such Technologies. It Is Likewise Difficult To Predict How Or Whether Any Governmental Authority May Make Changes To Existing Laws, Regulations, And/Or Rules That Will Affect Cryptographic Tokens, Digital Assets, Blockchain Technology, And Its Applications. Such Changes Could Negatively Impact The Platform Services In Various Ways, Including, For Example, Through A Determination That Any Of The Above Are Regulated Financial Instruments That Require Registration. Capa May Cease Any Distribution Of Any Of The Above, The Development Of The Platform, Or Cease Operations In A Jurisdiction In The Event That Governmental Actions Make It Unlawful Or Commercially Undesirable To Continue To Do So. The Industry In Which Capa Operates Is New And May Be Subject To Heightened Oversight And Scrutiny, Including Investigations Or Enforcement Actions. There Can Be No Assurance That Governmental, Quasi-Governmental, Regulatory, Or Other Similar Types Of (Including Banking) Authorities Will Not Examine The Operations Of Capa And/Or Pursue Enforcement Actions Against Capa. Such Governmental Activities May Or May Not Be The Result Of Targeting Capa In Particular. All Of This May Subject Capa To Judgments, Settlements, Fines, Or Penalties, Or Cause Capa To Restructure Its Operations And Activities Or To Cease Offering Certain Products Or Services, All Of Which Could Harm Capa’s Reputation Or Lead To Higher Operational Costs, Which May, In Turn, Have A Material Adverse Effect On The Platform Services. 11.5 Technology Risk. NFT And Blockchain Transactions May Be Irreversible, And Losses Due To Fraudulent Or Accidental Transactions May Not Be Recoverable. In Addition, Some Virtual Transactions Are Deemed To Be Made When Recorded On A Public Ledger, Which May Not Necessarily Be The Date Or Time The User Initiated The Transaction. The Nature Of Such Virtual Transactions May Lead To An Increased Risk Of Fraud Or Cyber-Attacks. 12. DISCLAIMER EXCEPT AS EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Capa, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. Capa, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY USER DATA, INCLUDING BLOCKCHAIN DATA, NFT, AND DIGITAL REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH THE USE OF PLATFORM SERVICES. THE USER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND PLATFORM ASSETS. NEITHER Capa, ITS AFFILIATES, NOR ITS SUPPLIERS WARRANT THAT THE OPERATION OF PLATFORM SERVICES, Capa BLOCKCHAIN, OR ANY OTHER SUPPORTED BLOCKCHAIN WILL BE ERROR-FREE OR UNINTERRUPTED. Capa, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY, IN TURN, RESULT IN THE INABILITY TO PROCESS TRANSACTIONS ON ANY BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES. 13. LIMITATION OF LIABILITY 13.1. Limitation Of Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Capa SHALL NOT BE LIABLE TO THE USER UNDER THESE TERMS & CONDITIONS FOR LOST REVENUES, OPPORTUNITY COSTS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF Capa KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO VIOLATIONS OF Capa’S INTELLECTUAL PROPERTY RIGHTS, INDEMNIFICATION OBLIGATIONS, OR THE USER’S PAYMENT OBLIGATIONS. 13.2. Limitation Of Amount Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Capa NOR ITS AFFILIATES OR SUPPLIERS MAY BE HELD LIABLE UNDER THESE TERMS & CONDITIONS FOR MORE THAN THE AMOUNT PAID BY THE USER TO Capa UNDER THESE TERMS & CONDITIONS FOR THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, MINUS ANY REWARDS GENERATED OR RECEIVED BY THE USER AS A RESULT OF THE USE OF Capa SERVICES. 14. INDEMNIFICATION Unless Prohibited By Applicable Law, The User Will Defend And Indemnify Capa And Its Affiliates Against Any Settlement Amounts Approved By The User And Damages And Costs Finally Awarded Against The User And Its Affiliates By A Court Of Competent Jurisdiction In Any Formal Legal Proceeding Filed By An Unaffiliated Third Party Before A Court Or Government Tribunal (Including Any Appellate Proceeding) To The Extent Arising From The User’s Use Of Platform Services. 15. MISCELLANEOUS. 15.1. Assignment. The User Will Not Assign Or Otherwise Transfer The User’s Rights And Obligations Under These Terms & Conditions Without The Prior Written Consent Of Capa, Which May Be Unreasonably Withheld. Any Assignment Or Transfer In Violation Of This Section Will Be Void. At Any Time And Without The Need For The User’s Consent, Capa May Assign Any Obligation, Right, And These Terms & Conditions. Subject To The Foregoing, These Terms & Conditions Will Be Binding Upon And Inure To The Benefit Of The Parties And Their Respective Permitted Successors And Assigns. The User May Not Merge These Terms & Conditions With Any Other Agreements With Which Capa May Be A Party. 15.2. Disputes. Any Dispute, Controversy, Difference, Or Claim Arising Out Of Or Relating To These Terms & Conditions Or Relating In Any Way To The User’s Use Of Capa Sites Or Platform Services, Including The Existence, Validity, Interpretation, Performance, Breach, Or Termination Thereof Or Any Dispute Regarding Non-Contractual Obligations Arising Out Of Or Relating To These Terms & Conditions The Parties May Agree To First Attempt Mediation Before A Single Mediator, Administered By The International Centre For Dispute Resolution Under Its Mediation Rules, To Be Held In Any Location Agreed To By The Parties, Or Wyoming In The English Language. If The Parties Do Not Agree On Mediation, The Matter Shall Be Referred To And Finally Resolved By Arbitration Before A Single Arbitrator To Be Held In Wyoming, USA, Administered By The International Centre For Dispute Resolution In Accordance With International Dispute Resolution Rules. The Arbitrator’s Decision Is Final And Binding On The Parties And Enforceable In A Court Of Competent Jurisdiction. The User Shall Not Be Entitled To Costs And Reasonable Attorneys’ Fees For The Arbitration. Notwithstanding The Foregoing, Capa And The User Agree That Capa May Bring Suit In Any Court Of Law To Enjoin Infringement Or Other Misuses Of Capa’s Intellectual Property Rights. Any Disputes That May Arise Beyond The Scope Of The Arbitration Provision Shall Be Exclusively Subject To The State Or Federal Courts Located In Wyoming. The User And Capa Consent To Personal Jurisdiction In Those Courts. CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER ACKNOWLEDGES THAT, BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. 15.3. Entire Agreement. These Terms & Conditions Set Out All The Terms Agreed Between The Parties And Supersedes All Other Agreements Relating To Its Subject Matter. In Entering Into These Terms & Conditions, Neither Party Has Relied On, And Neither Party Will Have Any Right Or Remedy Based On, Any Statement, Representation, Or Warranty (Whether Made Negligently Or Innocently), Except Those Expressly Set Out In These Terms & Conditions. These Terms May Be Updated On Capa Sites. 15.4. Force Majeure. Capa And Its Affiliates Will Not Be Liable For Any Failure Or Delay In Performance Of An Obligation Under These Terms & Conditions Where The Failures Or Delay Results From Any Cause Beyond Reasonable Control, Including, But Not Limited To, Acts Of God, Labor Disputes, Or Other Industrial Disturbances, Electrical Or Power Outages, Utilities Or Other Telecommunications Failures, Earthquake, Storms Or Other Elements Of Nature, Blockages, Embargoes, Riots, Acts Or Orders Of Government, Acts Of Terrorism, Or War. Force Majeure Events Include, But Are Not Limited To, Upgrades To The Validation Rules Of A Given Blockchain (E.G., A “Hard Fork” Or “Soft Fork”). 15.5. Governing Law. Any Claim Or Dispute Between The User And Capa Arising Out Of Or Relating To The User’s Use Of Capa Sites, Platform Services, Or These Terms & Conditions, In Whole Or In Part, Shall Be Governed By The Laws Of The State Of California, USA, Without Respect To Its Conflict Of Laws Provisions. 15.6. Language. All Communications And Notices Made Or Given Pursuant To These Terms & Conditions Must Be In English. If We Provide A Translation Of The English Language Version Of These Terms & Conditions, The English Version Will Control Any Conflict. 15.7. Notices To The User And Capa. Capa May Provide Any Notice To The User Under These Terms & Conditions By (I) Posting A Notice On The Capa Site Or The Platform (Including Via Changing The Date On This Page); Or (Ii) Sending A Message To The Email Address Associated With The User’s Account. Notices Provided On The Capa Site Or Platform Will Be Effective Upon Posting. Notices Provided By Email Will Be Effective When The Email Is Sent. It Is The User’s Responsibility To Keep The User’s Email Address Current. To Give Capa Notice Under These Terms & Conditions, The User Must Contact Capa By Token@Capa.Network. Capa May Update The Address For Notices By Posting On The Capa Site Or Platform. 15.8. Severability. If Any Portion Of These Terms & Conditions Is Deemed Invalid Or Unenforceable, The Remaining Portions Will Remain In Full Force And Effect.