Disclaimers
Please read this Disclaimer section carefully. Please seek independent professional advice prior to acting on any of the information contained in this paper.
As moedas Panthex (“tokens Panthex”) são tokens que permitirão ao usuário acessar o serviço fornecido pela plataforma Panthex. Os tokens Panthex não possuem a qualificação legal de um valor mobiliário, uma vez que não conferem direitos a dividendos ou juros. A venda de tokens Universe Coin é final e não reembolsável. Os tokens Panthex não são ações e não conferem nenhum direito de participação na assembleia geral da Empresa. Os tokens Panthex não podem ter um desempenho ou um valor específico fora da Plataforma Panthex. Portanto, os tokens Panthex não devem ser usados ou adquiridos para fins especulativos ou de investimento. Qualquer pessoa que adquira tokens Panthex reconhece e declara expressamente que revisou cuidadosamente as Informações Disponíveis e compreende plenamente os riscos, custos e benefícios associados à compra de tokens Panthex.
As informações a seguir podem estar incompletas e não implicam, de forma alguma, uma relação contratual. Embora os autores se esforcem para garantir que todas as informações contidas neste whitepaper e quaisquer informações disponíveis no website da Panthex, localizado em www.Universecoin.io, e sobre a participação na venda de tokens Panthex descrita neste Whitepaper sejam precisas, atualizadas e estejam em conformidade com os requisitos das leis, regulamentos e regulamentações aplicáveis, tais materiais não constituem, de forma alguma, aconselhamento profissional. A Panthex (a “Empresa”) não garante nem se responsabiliza pela precisão, confiabilidade, atualidade (até o momento deste Whitepaper) ou integralidade deste conteúdo. Os usuários que pretendem possuir moedas Panthex (“tokens Panthex”) devem buscar aconselhamento profissional independente antes de agir com base em qualquer informação contida neste documento.
As Informações Disponíveis (incluindo o Website e este Whitepaper) são fornecidas “no estado em que se encontram” e sem quaisquer garantias de qualquer tipo, expressas ou implícitas. Você assume toda a responsabilidade e risco com relação ao seu uso das Informações Disponíveis e à propriedade de qualquer quantidade de tokens Panthex e seu uso. Se a legislação aplicável não permitir que a limitação de responsabilidade acima, no todo ou em parte, se aplique a você, as limitações se aplicarão apenas na extensão máxima permitida pela legislação aplicável.
Os Tokens são tokens de utilidade funcional projetados para a plataforma Panthex. Os tokens Panthex não são valores mobiliários. Se você comprar tokens Panthex, sua compra não poderá ser reembolsada ou trocada. Todos os nomes e produtos da empresa são marcas comerciais ou marcas registradas de seus respectivos titulares. O uso deles não implica qualquer afiliação ou endosso por parte deles. As informações neste documento estão sujeitas a alterações ou atualizações sem aviso prévio e não devem ser interpretadas como um compromisso da Empresa.
REGIONAL RESTRICTIONS
Given the lack of crypto-token qualifications in most countries, each buyer is strongly advised to carry out a legal and tax analysis concern- ing the purchase and ownership of Panthex tokens according to their nationality and place of residence.
NO ADVICE
No part of the Available Information should be business, legal, and financial or tax advice regarding the Company, the Panthex tokens, the Token Sale or any of the matters to which all or any part of the Available Information relates.
You should consult your own legal, financial, tax or another profession- al advisor regarding the Available Information. You should be aware that you might be required to bear the financial risk of any purchase of Tokens for an indefinite period.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, you hereby irrevocably and unconditionally waive: (i) all and any claims (whether actual or contingent and whether as an employee, office holder or in any other capacity whatsoever or howsoever arising) including, without limitation, claims for or relating to the excluded liability matters, any payment or repayment of monies, indemnity or otherwise that you may have against the Company or against any of the Company Representatives; and (ii) release and discharge the Company and all of the Company Representatives from any and all liability (of whatsoever nature or howsoever arising) it or they may have to you. If for any reason you hereafter bring or commence any action or legal proceeding in respect of any claim purported to be released and discharged pursuant to this paragraph or these Terms, or otherwise attempt to pursue any such claim against the Company or any Company Representative then you hereby irrevocably and unconditionally undertake to indemnify, and keep indemnified the Company and all Company Representatives fully on demand from and against: (a) All liabilities or losses suffered by the Company or any Company Representative; and (b) All reasonable costs, charges and reasonable expenses (including without limitation reasonable legal costs and expenses) reasonably and properly incurred by the Company or any Company Representative, in each case by reason of or in connection with the bringing or commencement of such action or pursuit of such claim by you.
If any provision or part-provision of this Disclaimer section is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforce- able. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this “Disclaimer” section shall not affect the validity and enforceability of the rest of this “Dis- claimer” section.
FORWARD-LOOKING STATEMENTS, CAUTIONARY NOTES
All statements contained in the Available Information, statements made in any press releases or in any place accessible by the public and oral statements that may be made by the Company or the Company Representatives (as the case may be), that are not statements of historical fact, constitute “forward-looking statements”. Some of these statements can be identified by forward-looking terms such as “aim”, “target”, “anticipate”, “believe”, “could”, “estimate”, “expect”, “if”, “intend”, “may”, “plan”, “possible”, “probable”, “project”, “should”, “would”, “will” or other similar terms. However, these terms are not the exclusive means of identifying forward-looking statements. All statements regarding the Company’s financial position, business strategies, plans and prospects and the prospects of the industry which the Company is in are forward-looking statements. These forward-looking statements, including but not limited to statements as to the Company’s revenue profitability and growth, expected revenue profitability and growth, prospects, future, other expected industry trends and other matters discussed in the Available Information regarding the Company are matters that are not historical facts, but only estimations and predictions. The Company makes no representation or warranty on having made any predictions or estimates or expectations based on any formula, any mathematical or scientific modeling or forecast, or having made any due and proper inquiries or having undertaken any independent research or studies or otherwise. These forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results, performance or achievements of the Company to be materially different from any future results, performance or achievements expected, expressed or implied by such forward-looking statements. These factors include, among others:
(a) Changes in political, social, economic and stock or cryptocurrency market conditions, and the regulatory environment in the countries in which the Company conducts its business and operations;
(b) The risk that the Company may be unable or execute or implement its business strategies and future;
(c) Changes in interest rates and exchange rates of fiat currencies and cryptocurrencies;
(d) Changes in the anticipated growth strategies and expected internal growth of the Company;
(e) Changes in the availability and fees payable to the Company in connection with its business and operations;
(f) Changes in the availability and salaries of employees who are required by the Company to operate its business and operations;
(g) Changes in preferences of customers of the Company;
(h) Changes in competitive conditions under which the Company operates, and the ability of the Company to compete under such conditions;
(i) Changes in the future capital needs of the Company and the avail- ability of financing and capital to fund such needs;
(j) War or acts of international or domestic terrorism;
(k) Occurrences of catastrophic events, natural disasters and acts of God that affect the businesses and/or operations of the Company;
(l) Other factors beyond the exclusive control of the Company; and
(m) Any risk and uncertainties associated with the Company and its business and operations, the Tokens, the Token Sale and reliance on all or any part of the Available Information.
All forward-looking statements made by or attributable to the Company or Company Representatives are expressly qualified in their entirety by such factors. Given that risks and uncertainties that may cause the actual future results, performance or achievements of the Company to be materially different from that expected, expressed or implied by the forward-looking statements in the Available Information, undue reliance must not be placed on these statements. These forward-look- ing statements are applicable only as of the later of the date of publication of the Whitepaper and the latest date that the Website has been updated. Neither the Company nor the Company Representatives nor any other person represents, warrants and/or undertakes that the actual future results, performance or achievements of the Company will be as discussed in those forward-looking statements.
The actual results, performance or achievements of the Company may differ materially from that anticipated in these forward-looking statements. Nothing contained in the Available Information is or may be relied upon as a promise, representation or undertaking as to the future performance or policies of the Company. Further, the Company disclaims any responsibility to update any of these forward-looking statements or publicly announce any revisions to these forward-looking statements to reflect future developments, events or circumstances, even if new information becomes available or other events occur in the future.
NO REPRESENTATIONS AND WARRANTIES
The Company does not make or purport to make, and hereby disclaims, any representation, warranty or undertaking in any form whatsoever to any entity or person, including any representation, warranty or under- taking in relation to the truth, accuracy, and completeness of any of the information set out in the Available Information.
REPRESENTATIONS AND WARRANTIES BY YOU BY HOWSOEVER ACCESSING AND/OR ACCEPTING POSSESSION OR COMMUNICATION OF ALL OR ANY PART OF THE AVAILABLE INFORMATION, YOU REPRESENT AND WARRANT (AND SHALL BE DEEMED TO REPRE- SENT AND WARRANT) TO THE COMPANY ON THE DATE OF SUCH ACCESS OR ON THE LATEST DATE ON WHICH YOU RETAIN POSSES- SION OF ALL OR ANY PART OF THE AVAILABLE INFORMATION AS FOLLOWS:
(a) You are over 18 (eighteen) years of age;
(b) You agree and acknowledge that the Panthex tokens do not constitute securities in any form in any jurisdiction;
(c) You agree and acknowledge that the Available Information (including the Whitepaper and the Website) does not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities in any jurisdiction or a solicitation for investment in securities and you are not bound to enter into any contract or binding legal commitment and no cryptocurrency or another form of payment is to be accepted on the basis of the Available Information;
(d) You agree and acknowledge that no regulatory authority has examined or approved of the Available Information, no action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction and the publication, distribution or dissemination of all or any part of the Available Information to you does not imply that the applicable laws, regulatory requirements or rules have been complied with;
(e) You agree and acknowledge that the Available Information, the undertaking and/or the completion of the Token Sale, or future trading of the Tokens on any exchange or market (regulated, unregulated, primary, secondary or otherwise), shall not be construed, interpreted or deemed by you as an indication of the merits of the Company, the Panthex Tokens, the Token Sale or the Available Information;
(f) The distribution or dissemination of the Available Information any part thereof or any copy thereof, or acceptance of the same by you, is not prohibited or restricted by the applicable laws, regulations or rules in your jurisdiction, and where any restrictions in relation to possession are applicable, you have observed and complied with all such restrictions at your own expense and without liability to the Company;
(g) You agree and acknowledge that in the case where you wish to purchase any Panthex Tokens, the Panthex Tokens are not to be construed, interpreted, classified or treated as:
(i) Any kind of currency or commodity;
(ii) Debentures, stocks or shares issued by any person or entity (whether the Company or otherwise);
(iii) Rights, options or derivatives in respect of such debentures, stocks or shares;
(iv) Rights under a contract for differences or under any other contract the purpose or pretended purpose of which is to secure a profit or avoid a loss;
(v) Units in a collective investment scheme;
(vi) Units in a business trust;
(vii) Derivatives of units in a business trust; (viii) Any other security or class of securities; or
(ix) Any type of investment (as such term is defined by the Financial Services (Investments and Fiduciary Services) Act 1989-47 of Gibraltar (as amended or reenacted from time to time) or as such term might be construed under similar legislation in any other part of the world);
(h) You are fully aware of and understand that you are not eligible to purchase any Panthex Tokens or access the Available Information if you are a citizen, national, resident (tax or otherwise) and/or green card holder of a Restricted Jurisdiction or if you are a Restricted Person;
(i) You have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology, and smart contract technology;
(j) You are fully aware and understand that in the case where you wish to purchase any Panthex Tokens, there are risks associated with:
(A) the Company and its business and operations;
(B) the Panthex Tokens;
(C) the Token Sale; and
(D) relying or acting on all or any part of the Available Information;
(k) You agree and acknowledge that the Company is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, or loss of use or data, or loss of reputation, or loss of any economic or other opportunity of whatsoever nature or howsoever arising), arising out of or in connection with any acceptance of or reliance on the Available Information or any part thereof by you; and
(l) All of the above representations and warranties are true, complete, accurate and not misleading from the time of your last access to and/or possession of (as the case may be) the Available Information.
RISKS
You should carefully consider and evaluate each of the following risk factors and all other information contained in this white paper before deciding to purchase Panthex tokens. To the best of the Company’s knowledge and belief, all risk factors, which are material to you in making an informed judgment to participate in the Token Sale, have been set out below. If any of the following considerations, uncertainties or material risks develop into actual events, the business, financial position and/or results of operations of the Company and the maintenance and level of usage of the Panthex Tokens could be materially and adversely affected.
Regulatory actions could negatively impact the Panthex tokens and the Company’s offering in various ways, including, for example, through a determination that the Panthex tokens are regulated financial instruments required to be registered with the appropriate regulatory agency. Any of these outcomes could prevent the company from fully developing the Panthex platform, tokens and other offered services.
Further, a regulator could take action against the Company if it views the Panthex tokens and the Company’s platform as a violation of existing law. Any of these outcomes would negatively affect the utility of the Panthex tokens and/or could cause the Company to cease operations.
Prior to the Token Sale, there has been no public market for Panthex Tokens. Although the Company may use reasonable endeavors to seek the approval for the availability of the Panthex tokens for trading on a cryptocurrency exchange or market, there is no assurance that such approval will be obtained. Furthermore, even if such approval is granted by a cryptocurrency exchange, there is no assurance that an active or liquid trading market for the Panthex tokens will develop, or if developed, will be sustained after the Panthex tokens have been made available for trading on such market. There is also no assurance that the market price of the Panthex tokens will not decline below the original or issue purchase price (the “Purchase Price”). The Purchase Price may not be indicative of the market price of the Panthex tokens after they have been made available for trad- ing on a market. A Panthex token is not a currency issued by a central bank or national, supra-national or quasi-national organization, nor is it backed by any hard assets or other credit nor is it a commodity in the traditional sense of that word.
The Company is not responsible for, nor does it pursue, the circulation and trading of Panthex tokens on any market. Trading of Panthex tokens will merely depend on the consensus on its value between the relevant market participants. No one is obliged to purchase any Panthex tokens from any holder of the Panthex tokens, including the purchasers, nor does anyone guarantee the liquidity or market price of Panthex tokens to any extent at any time.
Furthermore, Panthex tokens may not be resold to purchasers who are citizens, nationals, residents (tax or otherwise) and/or green card holders of Restricted Jurisdictions or to Restricted Persons or to purchasers in any other jurisdiction where the purchase of Tokens may be in violation of applicable laws. Accordingly, the Company cannot ensure that there will be any demand or market for Panthex tokens, or that the Purchase Price is indicative of the market price of Panthex tokens after they have been made available for trading on any cryptocurrency exchange or market. Acquiring Panthex tokens and storing them involves various risks, in particular the risk that the Company may not be able to launch all anticipated operations and develop its blockchain and provide all the services promised.
Therefore, and prior to acquiring Panthex tokens any user should carefully consider the risks, costs and benefits of acquiring Panthex tokens, and, if necessary, obtain any independent advice in this regard. Any interested person who is not in the position to accept or to understand the risks associated with the activity (incl. the risks related to the early-stage development of the Panthex platform) or any other risks as is indicated www.femix.finance indicated in the Terms & Conditions of the crowd sale should not acquire Panthex tokens.
Cryptographic tokens such as the Panthex tokens are a relatively new and dynamic technology. In addition to the risks included in the above discussion of risk factors, there are other risks associated with your purchase, holding, and use of the Panthex tokens, including those that the Company cannot anticipate. Such risks may further appear as unanticipated variations or combinations of the risks discussed above.
On concluding the Commercial Operation, these tokens will be issued by a technical process referred to as a «Blockchain». This is an open source IT protocol over which the Company has no rights or liability in terms of its development and operation. Purchasers of Panthex coins and Users acknowledge and understand, therefore, that the Company (incl. its bodies and employees) assumes no liability or responsibility for any loss or damage that would result from or relate to the incapacity to use Panthex tokens, except in case of intentional misconduct or gross negligence.
Panthex is based on the TRC20 protocol. Therefore, any mal- function, unplanned function or unexpected operation of the TRC20 protocol may cause the Company’s network or Panthex App to malfunction or operate in a way that is not expected. Ethereum, the native TRC20 protocol account unit, may itself lose value in a similar way to Panthex, and also in other ways.