Terms of Service

Welcome to www.captablemafia.com (the “Website"). These Terms of Service ("Terms") govern your use of the Website and any services provided to you in relation to the Website, including, without limitation, an associated broadcast channel provided on the application “Telegram” (these services and the Website, collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services or any part thereof.
We take your privacy seriously. To find out about how we collect, share, and use your personal information which you submit on the Services, we recommend that you read our Privacy Policy (the “Privacy Policy”). The Privacy Policy forms part of these Terms and is incorporated by reference. By providing personal information via the Services, you agree that we may collect, use and disclose your personal information as is necessary to operate the Services.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood, and agree to comply with these Terms and all applicable laws and regulations. If you are using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to do so.
2. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. It is your responsibility to review these Terms periodically. Your continued use of the Services after any modifications signifies your acceptance of the new Terms.
3. Disclaimers
The materials, content, and other works provided through the Services (collectively, the “Materials”) are for informational purposes only. These Materials do NOT constitute legal, financial or other professional advice, and you may not rely on the contents of this website as such. No one should act, or refrain from acting, based solely upon the Materials provided through the Services without first seeking appropriate legal or other professional advice.
In no event shall CTM or its affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of your use or inability to use the Services.
5. Investor Covenants
Each person who seeks to invest in, or who in fact invests in, any investment opportunity listed through the Services or to be listed through the Services (each such person, an “Investor”; each such investment opportunity, an “Investment Opportunity”) hereby covenants as follows for the benefit of CTM:
  • before investing in an Investment Opportunity, the Investor must independently conduct due diligence in respect of the Investment Opportunity to the Investor’s satisfaction that the Investment Opportunity is suitable for the Investor;
  • after investing in an Investment Opportunity, the Investor must, with reasonable effort, promote the company, product, services, or founders that are the subject of the Investment Opportunity, as appropriate;
  • the Investor must save CTM harmless against any actual or potential losses that result or may result from the Investor’s use of the Services orfrom the Investor’s investment in any Investment Opportunity;
  • the Investor must ensure that all representations and warranties under Clause 6 of these Terms (the “Investor Representations and Warranties”) are true in respect of the Investor and remain true in respect of the Investor while the Investor continues to use the Services and while the Investor continues to be an investor in any Investment Opportunity; and
  • if any of the Investor Representations and Warranties becomes untrue in respect of the Investor, the Investor must immediately stop using the Services and refrain from using the Services until all Investor Representations and Warranties become true in respect of the Investor.

6. Investor Representations and Warranties

Each Investor hereby represents and warrants, for the benefit of CTM:
  • that the Investor acknowledges, accepts, and agrees to abide by these Terms;
  • that the Investor acknowledges and accepts that CTM does not provide any financial nor legal advice through the Services;
  • that the Investor acknowledges and accepts that CTM neither requests nor accepts any payment in connection with the provision of the Services;
  • that the Investor acknowledges and accepts that CTM does not conduct nor provide any due diligence in respect of any Investment Opportunity;
  • that the Investor acknowledges and accepts that any investment that the Investor makes in any Investment Opportunity is made solely at the Investor’s own risk;
  • that the Investor acknowledges and accepts that, as compared to another Investor who is experienced, the Investor may be subject to a greater risk of loss in respect of any investment that the Investor makes in any Investment Opportunity if the Investor has no experience with investing in gaming, betting, and related opportunities;
  • that the Investor is qualifies for at least one type of prospectus exemption as set out in National Instrument 45-106 Prospectus Exemptions in respect of each Investment Opportunity in which the Investor invests or seeks to Invest;
  • that the Investor is qualifies for at least one type of prospectus exemption as set out in National Instrument 45-106 Prospectus Exemptions in
    respect of each Investment Opportunity in which the Investor invests or seeks to Invest;
  • that the Investor has made at least 1 investment in a privately held company within the immediately preceding 12-month period; and
  • that the Investor is founder-friendly.

7. Company Covenants

Each person who seeks to list an Investment Opportunity through the Services and each Investment Opportunity that is a person (each such person and each such Investment Opportunity, a “Company”) hereby covenants as follows for the benefit of CTM:
  • the Company must not disclose any confidential information in respect of the Company or any other Company to an Investor, unless the Investor has executed an appropriate non-disclosure agreement (a “NDA”); and
  • before listing an Investment Opportunity through the Services, the Company must:
    • prepare a presentation in respect of the Investment Opportunity to be reviewed by an Investor;
    • provided that the Investor has executed an appropriate NDA, forward the presentation to the Investor for the Investor’s review; and
    • obtain approval from the Investor in respect of the Investment Opportunity as to its suitability for the Services and other Investors who use the Services;
  • before listing an Investment Opportunity through the Services, and while the Investment Opportunity is listed through the Services, the Company must organize and keep organized any financial, corporate, commercial, intellectual property, and related records in respect of the Investment Opportunity, for any Investor to conduct due diligence;
  • before accepting an investment from an Investor, the Company must independently conduct due diligence in respect of the Investor to the Company’s satisfaction that the Investor is a suitable investor for the Company;
  • the Company must save CTM harmless against any actual or potential losses that result or may result in connection with the Company’s use of the Services or with any investment obtained through the Services;
  • the Company must ensure that all representations and warranties under Clause 8 of these Terms (the “Company Representations and Warranties”) are true in respect of the Company and remain true in respect of the Company while the Company continues to use the Services and while any Investor continues to be invested in the Company or in a related Investment Opportunity; and
  • if any of the Company Representations and Warranties becomes untrue in respect of the Company, the Company must immediately stop using the Services and refrain from using the Services until all Company Representations and Warranties become true in respect of the Company.

8. Company Representations and Warranties

Each Company hereby represents and warrants, for the benefit of CTM:
  • that the Company acknowledges, accepts, and agrees to abide by these Terms;
  • that the Company acknowledges and accepts that CTM does not provide any financial nor legal advice through the Services;
  • that the Company acknowledges and accepts that CTM neither requests nor accepts any payment in connection with the provision of the Services;
  • that the Company acknowledges and accepts that CTM does not conduct nor provide any due diligence in respect of any Investor, and that CTM does not provide any representation or warranty in respect of the suitability of any Investor for any Company;
  • that the Company acknowledges and accepts that any Investor may be an investor in a competitor of the Company;
  • that the Company acknowledges and accepts that any investment that the Company accepts from any Investor is accepted solely at the Company’s own risk;
  • that the Company has generated revenue from, at a minimum, a paid pilot; and
  • that the Company has closed, at a minimum, a friends and family round of fundraising.

9. Copyright

The copyright in the Website, the Services, and the Materials are owned, or licensed by CTM. No part of the Website, the Services, and the Materials may be reproduced without the express prior written consent of CTM.

10. Use of the Services

You agree to use the Services in accordance with all applicable laws and regulations. You are prohibited from:
  • using the Services for any illegal or unauthorized purpose;
  • interfering with the operation of the Services; or
  • collecting or storing personal data of other users of the Services.

11. Termination

We reserve the right to suspend or terminate your access to the Website or Services at our sole discretion, with or without notice, for any reason, including but not limited to a violation of these Terms.

12. Governing Law and Choice of Forum

These Terms are governed by and construed in accordance with the laws of the Provine of British Columbia and the federal laws of Canada applicable therein. In any case of disputes, you agree to submit to the exclusive jurisdiction of a single arbitrator appointed pursuant to the provisions of the Arbitration Act (British Columbia) or any successor legislation thereof. The place of arbitration shall be Vancouver, British Columbia, and the language to be used in the arbitration proceedings shall be English. The award rendered in any arbitration shall be final and binding upon all parties. The judgment rendered by the arbitrator shall include costs of arbitration, reasonable legal fees, and reasonable costs for any expert and other witnesses.