Terms of Service

Note: No guarantees of success or of any projected profit return can be made at this time, as this involves the implementation of a new business paradigm.  Interested FILM purchasers must conduct their own due diligence and financial analyses.

 

FILMIO, INC.

COIN SALE TERMS AND CONDITIONS

Company overview

Filmio, Inc. (“Filmio” or “Company”), exists under the laws of the state of Delaware.  The Company has designed and is in the process of building a blockchain-based entertainment utility protocol powered by a cryptographically secure multilayered network. The protocol works by a distributed ledger, a digitally recorded ecosystem of data in packages called “blocks” built on a specially designed blockchain (“Filmio Network”). In order to fund software development, business development, platform promotion, platform marketing, legal and regulatory affairs, and the complete development of the ecosystem, Filmio will initiate a coin sale.

The purchase of Filmio coins (“Coins” or “FILM Tokens” or “Filmio Tokens”) during the sale period (“Sale Period”) is subject to the terms of sale contained herein (“Terms”). By purchasing Coins from Filmio during the Sale Period, purchasers (“Purchaser”) will be bound by these Terms and all terms incorporated by reference. If you have any questions regarding these Terms, please contact us at: support.Filmio.io

Purchaser and Filmio agree to the following:

Purpose and use of Coins in the Filmio Ecosystem/Network.  The sale of Coins is intended to capitalize the development of the Filmio ecosystem. This is not a solicitation for investment and in no way is intended as an offering of securities in any jurisdiction. Since the Coins are designed only for a particular use with respect to the Filmio ecosystem, they are not necessarily merchantable and do not necessarily have any other use or value. Filmio views the Coins as utility tools without any specific outlook or expectation on their merchantability or market price.

NON-FINANCIAL NATURE OF COINS

Purchasers of Coins acknowledge that if the Filmio network is successfully completed, deployed and fully operational, Coin holders may be able to earn Coins as rewards through operating staking wallets and/or Filmio masternodes or service nodes, and that the operation of masternodes or service nodes is conditional upon meeting network-defined parameters. Purchasers of Coins also acknowledge that if the Filmio network is successfully completed, deployed and fully operational, access to network services including the distributed recording and transmission of data may be achieved by transacting Coins within the network itself. The Coin is not and shall in no case be understood, deemed, interpreted, or construed as: any kind of currency or money, whether fiat or not; equity interest, voting or non-voting securities (or like) in, or claims against, Filmio including its officers, directors, advisors, members, shareholders, consultants, or any other entity in any jurisdiction; equity or debt investment of any kind in any venture; any securities having intrinsic value or market price; any form of financial derivative; a security; any commercial paper or negotiable instrument; any form of investment contract between the relevant holder and any other person; any pledge, promise, or contract on the part of Filmio to provide market value to the Coin, or to create the conditions of market value; any commodity or asset that any person is obliged to redeem or purchase; or any note, bond, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person. Purchaser is responsible for implementing reasonable measures for securing their Filmio wallet, or other storage mechanism used to receive and hold Coins purchased during the Sale Period, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If private key(s) or other access credentials are lost, Purchasers may lose access to their Coins. Filmio is not responsible for any such losses.

WARNING:

DO NOT PURCHASE COINS IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC COINS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. Purchases of Coins should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic coins, like bitcoin (“BTC”), and blockchain based software systems. Purchasers should have functional understanding of storage and transmission mechanisms associated with other cryptographic coins. While the Company will be available to assist purchasers of Coins during and after the Sale Period, Filmio will not be responsible for lost cryptocurrency, such as BTC, ETH, or other resulting from actions taken by, or omitted by Purchasers. Purchasers should take great care to record their wallet password and maintain such written recording in a secure location so that Purchaser may access their Coins when they become available during or after the Sale Period. Purchasers without such experience or expertise should not purchase Coins or participate in any sale of Filmio Coins.

Representations and Warranties

To participate in any sale of Filmio Coins, Purchaser shall represent and warrant that:

    All information submitted by Purchaser to Filmio is true, complete, valid and non-misleading;

    Purchaser is not a citizen or tax resident of China, Iran, North Korea, Syria, or Sudan;

    Purchaser is of sufficient age to purchase Coins with full civil capacity of conduct under the laws of the jurisdiction in which Purchaser is domiciled or maintains citizenship;

    Purchaser is an accredited investor under the laws of the jurisdiction in which Purchaser is domiciled or maintains citizenship;

    Purchaser is an experienced participant, backer, expert, technician, and/or professional in the fields of blockchain, distributed ledger technology, cryptocurrency, and financial markets and is fully aware of the risks associated with the purchase of Coins and has carefully read the Token Sale Disclosure provided on this website or the Risk Factors section of the Company’s Whitepaper (available for download on this website);

    Purchases of Coin by Purchaser are voluntary and based on their own independent judgment without being coerced, solicited, or misled by anyone person or entity;

    Purchaser is permitted by the laws of their jurisdiction to purchase Coins and is legally permitted to acquire, receive, and hold cryptocurrency;

    No consent, approval, order, or authorization of, or registration, qualification, designation, declaration, or filing with, any governmental authority is required on Purchaser’s part in connection with the purchase of Coins;

    Purchaser is experienced in and capable of maintaining and safekeeping the Bitcoin (BTC), Ether (ETH), or Litecoin (LTC) private key(s) of the sending address out of which they make any payment for purchasing the Coin;

    Purchaser only uses such cryptocurrency as lawfully acquired to make payment for their purchase of Coin and does not participate in any Coin sale event for the purpose of money-laundering, terrorism financing, or any other illicit purpose;

    Purchaser aims to acquire Coins from Filmio primarily for use within the Filmio entertainment ecosystem without expectation of any profit or financial yield and does not contemplate the use of Coins for any financial, speculative, illegal, or unethical purpose; and

    Except having specifically communicated to and having been permitted by the Company in advance, Purchaser is purchasing Coins for their own benefit and is not acting as a nominee or agent for or on behalf of any third party.

    All the above representations and warranties made by Purchaser shall be true, complete, accurate and non-misleading on and from the date of that Purchaser making a payment hereunder throughout the Coin Sale Period and onwards. Filmio reserves the right to reject and invalidate the payment by, and withhold the relevant Coins from, any Purchaser who has made a false representation in the sole judgment of Filmio.

The Filmio ecosystem, including the distributed ledger underlying the Coins, is decentralized, and therefore, Filmio Entertainment Group does not operate or maintain all aspects of the network. As such, Filmio has no responsibility or liability for the network nor does it have any ability to control third parties’ use of the network.

Ownership of Coins carries no rights, expressed or implied, other than the right to use Coins as a means to enable usage of and interaction with the ecosystem, if successfully completed and deployed. Purchaser understands, acknowledges and accepts that Coins do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights, or any other form of participation in or relating to the Filmio ecosystem, network and/or the Company and its affiliates, other than rights relating to the provision and receipt of services in the network, subject to limitations and conditions in these Terms and applicable network terms and policies (as defined below). Purchaser understands and accepts that Coins are not intended to be a digital currency, security, commodity, or any other kind of financial instrument.

Limitation of Liability

While Filmio will take reasonable steps to ensure the security and privacy of any information transmitted during Purchasers use of our services (the “Service” or “Services”), in no event will any such information be considered “confidential,” nor will its disclosure to a third party, accidental or otherwise, cause liability against Filmio, even if it occurs as a result of our negligence. Purchaser hereby warrants and agrees that Filmio is not responsible whatsoever for any damages caused by the interception, loss, or alteration to any information sent over the internet.

In order to enforce compliance with the terms of service herein and international law, Filmio subcontracts Purchaser verification services to a third party. By proceeding with the purchase and agreeing with the terms of service, the purchaser absolves Filmio of any liability related to the management of information by the third-party provider.

The use of the Filmio Services is undertaken “at risk” which for greater clarity means that the Company assumes and will hold no responsibility for any actual or anticipated loss by Purchaser, or any third-party, resulting from the use of the Services. Filmio will take every reasonable precaution to prevent and mitigate attacks; however, these problems may nevertheless occur from time to time for reasons that are beyond the control of the Company.

Resolution concerning deposits, withdrawals, account balances, services, or other disputes related to an attacked Coin will be determined on a case-by-case basis.

Filmio makes no representation and or warranties in connection with the safety of the Filmio wallet and is not liable for any lost value or stolen property, regardless of whether Filmio was negligent in providing appropriate security.

Filmio will hold no liability to Purchaser for any actual or anticipatory damages from breach of this contract.

Filmio Does Not Provide Legal, Financial or Investment Advice. At no time does the Company provide any legal, financial or investment advice and any publicized, provided, or referred to information or publications should not be considered as such.

Email Communications

The Company, through its, or that of a sub-contracted third-party, operates an email newsletter program used to inform subscribers about products and services supplied by Filmio. Users of this email service (“Subscribers”) can subscribe through an online automated process should they wish to do so but do so at their own discretion. Some subscriptions may be manually processed through prior written agreement with the user.

All personal details relating to Subscriber information are held securely. No personal details are passed on to third parties nor shared with companies/people outside of Filmio, or the company that operates this website.

Email marketing campaigns published by this website or its owners may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include; the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This is not a comprehensive list of possible activities.

This information is used to refine future email campaigns and supply the Subscriber with more relevant content based around their activity.

In compliance with international spam and privacy laws, Subscribers are given the opportunity to unsubscribe at any time through an automated system. This process is detailed at the footer of each email campaign. If an automated un-subscription system is unavailable clear instructions on how to un-subscribe will by detailed instead.

Copyright of Communications in Connection with our Services

Purchaser or Subscribers agree that any materials, information, or communications transmitted between Subscriber and Filmio in any form, or between Purchaser and Filmio via the Filmio wallet, are non-confidential and will become the sole, exclusive property of Filmio.

Filmio will own all intellectual property rights to such communications or materials and may use or disseminate such communications without restriction for any legal purpose, commercial or otherwise, without notifying or compensating Purchasers or Subscribers. Purchasers and Subscribers hereby waive any right to litigation or recovery for perceived damages caused by the use of this information as is permissible by law.

PRIOR TO ANY PURCHASE OF COINS, INTERESTED PARTIES ARE REQUIRED TO READ THE RISK FACTORS SECTION OF THE COMPANY’S WHITEPAPER (AVAILABLE FOR DOWNLOAD ON THIS WEBSITE), OR THE TOKEN SALE DISCLOSURE LINK ON THIS WEBSITE.

Contact Us

If you have any questions about these Terms or the disclaimers as set forth herein, please contact us at: [email protected]

TOKEN SALE DISCLOSURE

RISKS ASSOCIATED WITH THE PURCHASE, OWNERSHIP AND USE OF FILMIO TOKENS

Consumer use of the token is intended only for enabling transactions associated with _______________________________________. The Filmio token itself has no intrinsic value. No equity rights are transferred to purchasers of Filmio tokens. While Filmio tokens may be listed and traded on one or more cryptocurrency exchanges, there is no guarantee of value.

LOSS OF TOKENS - Loss of requisite private key(s) associated with your digital wallet or vault storing Filmio will result in loss of such tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your Filmio token. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you receive and store Filmio tokens in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your tokens.

RISKS WITH UNDERLYING PROTOCOL - Because Filmio is based on open-source blockchain protocol (“Filmio Network”), any malfunction, breakdown or abandonment of such open-source protocol may have a material adverse effect on the platforms (the “Platforms”) or Filmio Network. Hackers or other malicious groups or organizations may attempt to interfere with the Platforms or Filmio Network in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing. Furthermore, because the Filmio Network and the Platforms are based on open source software, there is a risk that a third party may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Filmio Network or that a malfunction, breakdown or abandonment of such open-source protocol occurs, either of which may have a material adverse effect on the Platforms or Filmio, including the utility of Filmio for obtaining services. In addition, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to Filmio and the Platforms, including the utility of Filmio for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Filmio Network technology.

ABSENCE OF MARKETS - Filmio are intended to be used solely within the Platforms, and Filmio will not support or otherwise facilitate any secondary trading or external valuation of Filmio. This restricts the contemplated avenues for using Filmio to the provision or receipt of services. Even if secondary trading of Filmio is facilitated by third party exchanges, such exchanges may subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to Filmio, such value may be extremely volatile and diminish to zero.

UNCERTAINTY OF REGULATIONS AND ENFORCEMENT - The regulatory status of the tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the platform and Filmio. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the platform and Filmio. Regulatory actions could negatively impact the Platforms and Filmio in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of any tokens constitutes unlawful activity or that the tokens are a regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. Filmio may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.

TAXATION RISKS - The tax characterization of tokens is uncertain. You must seek your own tax advice in connection with purchasing or using Filmio, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.

COMPETING PLATFORMS - It is possible that alternative platforms could be established that utilize the same open-source code and protocol underlying the Platforms and attempt to facilitate services that are materially similar to the Filmio services. The Platforms may compete with these alternatives, which could negatively impact the Platforms and Filmio.

LACK OF INTEREST AND ADOPTION - It is possible that the Filmio Platform will not be used by a large number of individuals, companies and other entities or that there will be limited public interest in the creation and development of distributed platforms (such as the Filmio Platforms) more generally. Such a lack of use or interest could negatively impact the development of the Platforms and therefore the potential utility of Filmio, including the utility of Filmio for obtaining services. While a Filmio token should not be viewed as an investment, it may have value over time. That value may be limited if the Platforms lack use and adoption. If this becomes the case, there may be few or no markets following the launch of the application, resulting in an adverse impact on Filmio, from which it may never recover.

RISKS WITH DEVELOPMENT AND MAINTENANCE OF THE PLATFORMS – The Filmio Network and the Platforms are still under development and may undergo significant changes over time. Although Filmio intends for the Filmio Network and the Platforms to function as described in the Filmio Whitepaper (available for download on this website) and intends to take commercially reasonable steps toward those ends, Filmio may have to make changes to the specifications of the Filmio tokens, the Filmio Network or the Platforms for any number of reasons. Moreover, Filmio has limited control over how other participants will use Filmio Network or how third-party products and services will utilize Filmio. This could create the risk that Filmio, Filmio Network or the Platforms, as further developed and maintained, may change significantly from the date of your purchase. Furthermore, despite Filmio’s efforts to develop and participate in Filmio Network, it is possible that Filmio Network will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Platforms and the potential utility of any Filmio.

DISSOLUTION OF COMPANY OR PLATFORMS - It is possible that, due to any number of reasons, including, but not limited to, the failure of commercial relationships or intellectual property ownership challenges, the Platforms may no longer be viable to operate or Filmio may dissolve.

NO GOVERNANCE RIGHTS - Because Filmio tokens confer no governance rights of any kind with respect to the Platforms or Filmio, all decisions involving Filmio’s products or services within the Platforms or Filmio itself will be made by Filmio at its sole discretion, including, but not limited to, decisions to discontinue its products or services, to create and sell more Filmio tokens for use on the Platforms, or to sell or liquidate Filmio. These decisions could adversely affect the Platforms and the utility of any Filmio you own, including their utility for obtaining services.

UNANTICIPATED RISKS - Cryptographic tokens such as Filmio are a new and untested technology. In addition to the risks noted above, there are other risks associated with your purchase, possession and use of Filmio or the Platforms, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in the herein and in Company’s Whitepaper.