Digital Assets. The services of Finst see to Digital Assets. Digital Assets are instruments with a very high risk. When investing in Digital Assets, Client can lose the full investment of Client and the Balance can go to zero. In this light, Client promises that Client will only invest with money that Client can afford to lose and in Digital Assets that Client sufficiently understands. Client confirms to have read and to understand the document Risk Disclosure that has been provided to Client by Xxxxx and acknowledges that it is the responsibility of Client to study the available information regarding the Digital Assets in which Client wishes to invest and to stay informed of any events and developments related to these Digital Assets during the course of the investment.
Digital Assets. Finst makes sure that all positions in Digital Assets are held by SPV and are correctly booked in the administration of SPV. SPV holds these positions on instruction of Finst in a wallet in its own name, directly for the clients of Finst. The number and types of Digital Assets held by SPV for Client, will be booked on an account in the name of Client in the administration of SPV. Client accepts that the Digital Assets held by SPV for Client, are for the risk and account of Client.
Digital Assets. 3.1 Digital Asset(s).
(a) The Platform can be used to distribute any software and other digital resources to which the Customer has rights.
(b) If the Customer wishes to use a Digital Asset(s) that is not already available through the Platform or from a source with which Kivuto does not already interact, the Customer shall be responsible for identifying the resource and delivering it to Kivuto in the proper format and free of any viruses, Trojan horses, trap doors, worms, or any other malicious computer programming routines that might destroy, modify, alter, or cause the destruction, modification or alteration, in whole or in part, of the Platform. Kivuto will assist the Customer in this process to a reasonable extent, as determined by Kivuto.
(c) Each distribution and return through the Platform will count as a Transaction on the Platform including the provisioning of an Authorized End User into a Portal. Prior to distribution, Digital Assets must be ingested into the Kivuto system, however all Digital Assets will remain the property of the Customer. In the case of cloud management, Kivuto will require an integration built into the Portal being managed as there may be portals currently without integrations. Additionally, Digital Assets will only be distributed to the Customer’s Authorized End Users.
(d) Kivuto takes no responsibility for any Digital Asset or Digital Content created, accessible or delivered on or through the Platform. Kivuto does not manage, monitor or exercise any editorial control over such Digital Assets or Digital Content. Customer is solely responsible for (i) any Digital Assets published or made available through the Platform; ii) compliance with all terms and conditions with third parties with respect to such Digital Assets including but not limited to payment of royalties or fees, confidentiality obligations and intellectual property; and (iii) compliance with all laws applicable to the publication and distribution of such Digital Assets. For the sake of clarity, the parties acknowledge that: (a) Authorized End Users are subject to Kivuto’s Term of Use, which must be accepted by Authorized End Users prior to their use of the Platform, and (b) the Terms of Use set forth the terms and conditions of use of the Platform, including restrictions regarding Digital Content.
(e) Customer shall not use the Platform to transmit, distribute or store material that is inappropriate as reasonably determined by Kivuto, or material that is unlawful...
Digital Assets. Finst determines which Digital Assets are subject of its services and maintains an overview thereof on the Trading Platform or Website. Finst is at all times entitled to change or terminate its services with regard to a Digital Asset, which may mean that Client is required to sell certain Digital Assets within a period of time specified for that purpose by Finst. Finst will inform Client hereof as timely as possible. After termination of the period of time granted to Client, Finst will be entitled to sell the relevant Digital Assets for Client. Finst may charge costs for this. These costs are specified on the Website.
Digital Assets. (a) In the event that RemainCo wishes to use or register any new Internet domain name that contains any Licensed Marks, or any Derivations thereof, other than those Internet domain names set forth in Section 1.1(e)(ii), RemainCo shall submit such request to the Branding Committee, which shall review such request as soon as reasonably practicable under the circumstances (but in any event within thirty (30) days following such request). For clarity, RemainCo will not be required to obtain approval from the Branding Committee for any use or registration of a new Internet domain name that consists of or contains any Exclusive VO Marks, Exclusive XX Xxxxx or “WYND”.
(b) In the event that RemainCo wishes to use, register or apply to register any new Social Media Asset that contains any of the Licensed Marks, or any Derivations thereof, other than those Social Media Assets set forth in Section 1.1(f)(ii), RemainCo shall submit such request to the Branding Committee, which shall review such request as soon as reasonably practicable under the circumstances (but in any event within thirty (30) days following such request). For clarity, RemainCo will not be required to obtain approval from the Branding Committee for any use, registration or application for registration of a new Social Media Asset that consists of or contains any Exclusive VO Marks, Exclusive XX Xxxxx or “WYND”. Further, the Parties shall cooperate (i) with respect to their respective uses of Social Media Assets that contain any Licensed Marks, or any Derivations thereof, through the Branding Committee and (ii) to address any use of any such Social Media Assets in a manner that disparages or otherwise reflects negatively on any Party’s business or Trademarks.
Digital Assets. As used herein, “Digital Asset” means a digital asset (also called a “cryptocurrency,” “virtual currency,” “asset backed token” representing ownership in underlying physical commodities (“ABTs”), “digital asset,” or “virtual commodity”), such as bitcoin or ether, which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network. As used throughout this Agreement, “Digital Asset” means only Supported Digital Assets (defined below in Section 2.3).
Digital Assets. If the Company or any affiliated entity controlled by the Company creates any digital tokens, coins, crypto assets, or assets built using or on blockchain technology that the Company determines, based on advice of competent counsel, would be treated as securities under US law (including, without limitation, any tokens transferred as compensation to any directors or officers of the Company) even if such tokens, coins or assets were never sold to investors for capital raising purposes (collectively, "Digital Assets"), ODX will be entitled to a pro rata portion of the total amount of Digital Assets that represents at least 50% of ODX's fully-diluted ownership (assuming conversion of all Convertible Securities held by ODX) at the time of the first transfer of Digital Assets by the Company to any third party (the "Digital Asset Right"). It is anticipated that such rights will be in the form of a warrant or a token purchase right that will be exercisable at the discretion of ODX, and the Company and ODX will work in good faith to determine the appropriate structure. Any lockup schedule on such Digital Assets shall be no more restrictive than any lockup schedule applicable to Digital Assets held by employees of the Company and/or the Founders. For the avoidance of doubt, any digital assets that would not be treated as securities under US law, such as NFTs or stable coins, unless they are sold to investors in a capital raising transaction (or used to compensate directors of officers of the Company), shall not be subject to the Digital Asset Right described herein. The Digital Asset Right set forth in this Section 4 is transferable, in whole or in part, to any ODX Affiliate.
Digital Assets. (a) Software or electronic data, customer lists and information, financial, credit card or competitive information, and confidential or private information, stored electronically on any Computer System of the Insured or of a Third Party who operates or maintains a Computer System on behalf of the Insured, which is subject to regular back-up procedures; or
(b) Capacity of any Computer System of the Insured or of a Third Party who operates or maintains a Computer System on behalf of the Insured, including without limitation, memory, bandwidth, or processor time, use of communication facilities and any other computer-connected equipment.
Digital Assets. Digital assets used in the Service can be obtained through the use of game contents. In addition, you can trade or exchange with other users through the WEMIX platform. However, all responsibility for the use of digital assets rests with you and we are not responsible for any problems related to this.
Digital Assets. To access, manage and control any and all forms of digital accounts, assets and rights;