Terms of Service

LAST UPDATED DATE: 6/28/22

COMPANY: Kevin Hart Nation (the “Company”)

 

SERVICE: Kevin Hart Nation (“the Service”)

 

PRIVACY POLICY: The Company’s Privacy Policy is located at https://www.kevinhartnation.io/privacy (the “Privacy Policy”)

 

1. Introduction

The Company’s Service is a platform for the Company’s users like you (“you”, and “your”) that enables you to access Company-related content alongside tokens, rewards, NFTs and other features. The Service is provided by Moonwalk Labs, Inc. (“we”, “us” and “our”), on behalf of the Company.

 

These Terms of Service (“Terms”) and the associated Privacy Policy apply to your use of the Service. The Company is also the Data Controller for the purposes of any personal data you provide. For information on how we and the Company (as “Data Controller”) use your personal data, please see the associated Privacy Policy.

 

You must review and accept these Terms before you can use the Service. Unless otherwise specified in the Service details on the applicable Service Store, to use the Service you must be 18 or older (or be 13 or older and have your parent or guardian’s consent).

 

We license use of the Service to you on the basis of these Terms. We do not sell the Service to you. We remain owners of the Service at all times, but please note that the content provided by the Company via the Service is owned by and remains the responsibility of the Company.

 

2. Changes

 

We may occasionally make changes to the Service or these Terms. If we do, we’ll notify you either by updating the Effective Date of these Terms listed above and via the Service. You must accept these changes in order to continue using the Service. You should stop using the Service if you disagree with any changes to the Service or these Terms.

From time to time, we may issue updates to the Service. Depending on the update, you may not be able to use the Service until you have activated the latest version of the Service and reviewed and accepted any new terms.

 

3. Accessing the Service and the content on the Service

 

You may access the Service by downloading and installing the Service to your device from your device’s integrated app store (“Service Store”). Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the Service details on the applicable Service Store before downloading the Service. We will endeavour to support the two most recent versions of the operating systems available in the market (for example, if iOS 11 is the current version, we will aim to support iOS 10 and iOS 11). To download the Service, you will need a valid Service Store account (as Applicable to your device).

 

It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the Service and any or all content on the Service may be restricted from time to time to allow for repairs, maintenance or updating.

 

It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or internet service data access) that you may incur using the Service.

 

Your use of the Service and enjoyment of its features and content hosted or made available through the Service may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.

 

4. Your Use of the Service

 

In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable licence to use the Service and to view the content contained on the Service for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy and the applicable Service rules, which are incorporated into these Terms by reference.

 

You agree:

 

a. that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service;

b. that you will not access or attempt to access the accounts of other users of the Service;

c. that you will not impersonate any person, or misrepresent your identity or affiliation with any person;

d. not to post or transmit through the Service any content which is or could reasonably be viewed as:

  i. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;

  ii. inciting violence, or containing nudity or graphic or gratuitous violence;

  iii. an unauthorised commercial communication of any kind (including, without limitation, spam);

  iv. fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind;

  v. infringing or violating someone else’s rights or otherwise violates the law;

  vi. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy, or

  vii. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, or any computer software or hardware or telecommunications equipment.

e. to refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation, or that of the Service, a provider of services accessed through the Service, or the Company;

f. not to copy the Service or any content on the Service except where such copying is incidental to the normal non-commercial use of the Service, or where it is necessary for the purpose of back-up or operational security;

g. not to make alterations to, or modifications of, the whole or any part of the Service or any content on the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs;

h. not to infringe our intellectual property or the Company’s or our other licensors’ intellectual property in relation to your use of the Service;

i. that you are solely responsible for your interactions with other users and users through the Service;

j. That you agree to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;

k. to keep your password secure at all times and not to disclose your password to any other person;

l. not to allow any other person to use or access your account; and

m. to comply with all laws applicable to you.

 

5. Termination

 

We may terminate these Terms and close your account at any time without notice if we cease to provide the Service.

In addition to our right to remove any content from the Service, we reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction or termination of your access to the Service will not limit our right to take any other action against you that we consider appropriate.

You may close your account and terminate your agreement with us at any time by emailing us at the Contact Email.

 

6. Intellectual Property

 

You acknowledge that the Service, the content provided on the Service and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the Service or the content on the Service except as expressly set out in these Terms. You are not authorised to use our or the Company’s logos or trademarks or trade names (whether registered or unregistered) in any manner. You may only use the Service for personal, non-commercial purposes.

 

7. Licensing

 

The service and content provided through the Service and the Service itself are our property or the property of our licensors.

You are strictly only entitled to use the Service, and consume content made available through the Service, in accordance with these Terms.

 

The Service and any other software made available to you via the Service is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the Service and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party.

 

These terms do not grant you any rights to use any of our, our licensors’ or the Company’s intellectual property, such as trademarks, domain names, logos or other branded features, which belong to us and our licensors respectively.

 

8. Personal Data

 

For information on how we and the Company (as Data Controller) use your personal data, please see the associated Privacy Policy.

 

9. Our Legal Obligations

 

Nothing in these Terms excludes or limits liability for death or personal injury caused by gross negligence or fraud.

 

We are not responsible for:

 

a. losses, damage, costs or expenses not caused by our breach of these terms;

b. the actions or omissions of Company or our licensors introduced to you through the Service;

c. the actions or omissions of other users of the Service;

d. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage, whether or not we could have anticipated that type of loss arising when you agreed to these terms; or

e. any harm, loss or damage suffered by you or anyone else if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).

 

For any loss or damage suffered by you or anyone else that may arise from use of the Service and which is not otherwise excluded under this section 9, to the extent permitted by law our liability is limited to $100.

 

10. Disclaimer and Technical Limitations

 

The Service and any service provided through it is provided without express or implied warranty or condition of any kind, on an “as-is” basis, subject to applicable law. You agree that you must evaluate, and that you bear all risks associated with, the use of the Service, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the Service.

 

We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.

 

We disclaim all warranties with respect to the Service including, but not limited to, the warranties of non-infringement and title. We give no warranty that your use of the Service will be uninterrupted or error free, that the information obtained from the Service will be accurate, complete, current, or reliable, that the quality of the Service will be satisfactory to you, or that errors or defects will be corrected. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.

 

12. Third-party sites or services

 

The Service may include and link to features, websites and services (such as the Company’s own website and social applications like Twitter, Facebook, Pinterest, YouTube and Instagram) that are provided by a third party. We do not control such third-party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third-party service will apply and we will not be responsible for anything that is done or not done by you or the third-party service provider in connection with your use of that third-party service. We recommend that you check the applicable third-party service’s terms and conditions of use and sale before using such third-party service or purchasing any products or services.

 

13. Disputes

 

Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of the state of Delaware, United States of America and the courts of Delaware will have exclusive jurisdiction to hear any claims made in relation to these Terms. If the court in your country will not apply the laws of the state of Delaware, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in the state of Delaware, then your local law and jurisdiction will apply to such disputes related to these Terms.

 

14. Other Important Legal Terms

 

You may not transfer your rights or obligations under these Terms to anyone else.

 

If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.

 

These Terms are not intended to give rights to anyone except you and us.

 

Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us, the Company and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us, the Company and you relating to use of the Service.