1. Acceptance of these Terms
- These Terms apply to your use and access to (i) our website www.pointnetwork.io ("Website"), (ii) our software products, including any downloadable desktop and mobile applications ("Software Products"), for example, decentralised blockchain browser, (iii) decentralised blockchain ecosystem named Point Network, including related smart contracts and protocols ("Ecosystem") and (iv) services related to the Website, Software Products or the Ecosystem, unless specific Software Products, the Ecosystem and related services are governed by a separate agreement or terms. Upon using, accessing or registering at our Website, using, accessing or downloading our Software Products (as may available to you), using, accessing or creating a wallet at the Ecosystem you agree to be legally bound by and to comply with these Terms and all additional terms, policies, and agreements incorporated herein by reference and amended from time to time at our sole discretion. In these Terms we may refer to collectively the Website, Software Products and the Ecosystem as the "Software".
- If you are using the Software and/or related services on behalf of a business, you represent to us that you are duly authorised to bind that business or entity to these Terms and that business accepts these Terms. You shall be fully liable for all activities conducted by your employees while using the Software.
- To be able to use some of our Software functionality, if available, or to use some of our related services, if available, you may need to register an account with us through the Software or to sign in by connecting any supported gateway wallet solution and also you may need to maintain a wallet within the blockchain network specified by us, for example, wallet within the Ecosystem.
- Our Website is a website created for informational purposes reflecting information about us, the Software, related services, our current or potential projects, and any other functionality as determined by us at our sole discretion. All the information contained on our Website is provided for informational and/or educational purposes only.
- We cannot and do not represent or guarantee that any of the information available through the Website including, but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. We do not guarantee the timeliness of the technology or information involved in the Website. We disclaim any liability for any loss or damage should you use or view the information available through the Website.
- Our Website may provide you with functionality to participate in the token sale of our native blockchain-based digital token named POINT and provide you with the functionality of deposits and withdrawals that is solely related to the token sale and is not and shall not be construed as a separate service. Your access, participation in the token sale, purchase, use, owning of POINT tokens shall be governed by Terms of Tokens Sale available at: https://pointnetwork.io/legal/sale.
- When we provide you with the functionality of deposits and withdrawals, we will not perform any exchange of crypto assets, cryptocurrencies and tokens, as well as fiat currencies into crypto assets or vice versa.
- In order to process your deposit or withdrawal request, you need to transfer the requested amount of crypto assets to our wallet. You will be notified of the address of our wallet prior to submitting your request or sending crypto assets to our wallet address. To process a deposit request we will credit your account within our Website the requested amount of crypto assets upon confirmation of successful transfer of the corresponding crypto assets to our wallet. Upon deposit or withdrawal is initiated it cannot be reversed or cancelled.
- We do not support and do not provide you with any services of a transfer of deposited crypto assets to any wallets or accounts. You hereby represent and warrant that you will issue a withdrawal request only with relation to your own wallet and will not instruct us to withdraw any crypto assets to any third-party wallets.
- You hereby acknowledge and agree that you are not entitled to any airdrops or any other promo campaigns that are offered to holders of any particular crypto asset until you withdraw the relevant crypto assets from your account to your wallet. An airdrop is a procedure of distributing new crypto assets by awarding them in a certain proportion to existing holders of a particular blockchain crypto assets.
- You hereby acknowledge and agree that we may set the minimum limit of crypto assets to be deposited or withdrawn and will notify you regarding limits prior to submitting the deposit or withdrawal request. You hereby acknowledge and agree that in case of non-compliance with the minimum limits rule you may lose crypto assets sent to our wallet which fail to meet the minimum limit.
3. Software Products
- You acknowledge and agree that our Software Products, for example, decentralised blockchain browser, do not provide a technical possibility to access the Internet, Internet services, websites and webpages, any URLs and any kind of information, documentation, files and functionality features attributable to the Internet. For reference only, the Internet is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices.
- Our Software Products are intended for use solely with decentralised blockchain network(s) technically supported by us (also known as "web 3.0" software).
- The Ecosystem is a decentralised distributed peer-to-peer network that is designed to be governed by the community of its users according to consensus mechanics and logic incorporated in the Ecosystem and not to have any single point of control and governance. The Ecosystem is governed by these Terms until it becomes governed by any other agreement, including any Ecosystem's community adopted agreement. For the avoidance of doubt, in these Terms we refer to the Ecosystem only as "Ecosystem", the term "Point Network" only refers to us as a corporate entity that is a part of these Terms.
- The Ecosystem may reward its users for maintenance of the Ecosystem, operating nodes, supporting verification functionality for the Ecosystem's operations. The Ecosystem may charge fees on any transaction conducted through the Ecosystem and its related smart contracts. You hereby agree to pay all the applicable fees incurred by you or on your behalf when you using or interacting with the Ecosystem either directly, through the Software or the third-party software applications, in the amounts that are in effect when such fees are incurred. You are responsible for checking the fee schedule regularly and in each instance before creation of any transaction through the Ecosystem that may incur a fee.
- The Ecosystem is not, will not, and in no case shall be considered as enterprise, corporation, partnership or other entity or body corporate established under laws of any jurisdiction or territory, but rather a computerised consensus protocol based network supporting its public transaction ledger.
5. Ownership and Intellectual Property Rights
- The Software, including any enhancements, derivatives and improvements thereof, is our sole property. All the text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information), charts, diagrams, graphs, market data and other content that forms a part of the Software (collectively, "Content") are the sole property of us, our affiliates and our data providers.
- We hereby grant you a limited, revocable, non-exclusive, non-transferable license, subject to the terms and conditions of these Terms, to access and use the Software and the Content solely for purposes approved by us from time to time. Any other use of the Software or the Content is expressly prohibited and all other right, title, and interest in the Software or the Content is exclusively property of us and our affiliates, licensors and data providers.
- Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be considered as an assignment of such rights. Other than access to the Software and any related services in accordance with these Terms, we do not in any way grant you any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the Software or any other part of the Content or in any other way manipulate the Software. You also shall not (nor attempt to) resell, rent the Software to any third party, take any action in an attempt to obtain any other Software user's data, cause malfunction, crash, tamper with or otherwise impair the Software and related applications, and our services, or use or access the Software on platforms modified to circumvent the protections offered by the initial operating ecosystem.
- The Software, including related mobile and desktop applications, may contain open source software ("OSS"), which is licensed to you under the applicable OSS license terms. You are responsible for complying with all applicable OSS terms and conditions, which shall take precedence over these Terms, solely with respect to such OSS.
- "Point Network" and all logos related to the Software and related services or displayed via the Software are either trademarks or registered marks of us or our licensors. You may not copy, imitate or use them without our prior written consent.
6. Restricted Content and Prohibited Conduct
- The Software may provide you with functionality to upload your content, including, but not limited to, texts, images, sounds, photos, videos, messages and communications, profile information and any other materials and information (collectively, "User Content").
You hereby represent and warrant that you will not upload or anyhow provide User Content or otherwise post, transmit, distribute, or disseminate through the Software any materials that:
- are false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory;
- are patently offensive to the online community, such as that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- encourage conduct that would be considered a criminal offence or gives rise to civil liability;
- promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copyright protected devices, or providing pirated music or links to pirated music files;
- provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- breach or infringe any duty toward or rights of any person or entity, including rights of publicity or privacy;
- contain corrupted data or any other harmful, disruptive, or destructive files; or
- in our sole judgment, are objectionable, restrict or inhibit any person or entity from using or enjoying any portion of the Software, or which may expose us, our affiliates or our customers to harm or liability of any nature.
You shall not
- broadcast or demonstrate any pornographic, defamatory, libellous, threatening, harassing, hateful, abusive, or inflammatory content;
- broadcast or demonstrate physical harm of any kind against any group or individual, any instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses;
- promote any information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- send junk mail or spam to our other users or users of the Ecosystem, including without limitation unsolicited advertising, promotional materials, or other solicitation material;
- harvest or collect account identifiers, wallet identifiers, email addresses or contact information of our other users or users of the Ecosystem;
- defame, harass, abuse, threaten, or defraud our users or users of the Ecosystem, or collect or attempt to collect, personal information about users or third parties without their consent;
- use the Software for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
- encourage or induce any third party to engage in any of the activities prohibited in paragraphs (i)-(vii) of this Section 6(c).
- You shall be fully liable and responsible for your User Content and actions made at or via the Software. You shall indemnify and hold us harmless in all and any claims and issues as it set out in the Section 10.
- While using the Software, you may be exposed to promotional materials that offer or present services of third parties. We do not endorse any third-party software, websites, decentralised pages within any decentralised blockchain networks or services. Some of these sites or decentralised pages may contain materials that may be objectionable, unlawful, or inaccurate. We are not responsible or liable for any loss or damage should you use or view the third party's service, website or decentralised page, and have no control over such services, websites or decentralised pages. It is your sole responsibility to understand fully the services and products being offered by such third party and the terms and conditions governing their services and products before transacting with such third parties.
- Any ideas, technical functionality and its implementation, technical solutions, forecasts provided on the Website shall be considered as assumptions only and experimental in nature, may be subject to change and shall not be considered a comprehensive representation of the future standing of any of our projects, Software Products or the Ecosystem. You hereby acknowledge and agree that some of the technical functionality and its implementation, technical solutions may not be implemented as expected due to technical or engineering incapability.
- You acknowledge and agree that (i) the Software and its operation are experimental in nature and may cease operating at any moment or its operation may be unpredictable and/or unknown, (ii) the Software has not been designed to meet any individual requirements; (iii) the operation of the Software from time to time may encounter technical or other problems and may not necessarily continue uninterrupted or without errors, or may be disturbed by numerous factors beyond our control; (iv) the Software is not fault-tolerant and has not been designed for use in inherently dangerous activities, such as (for example) the operation of "major sources of danger", traffic control or life support systems, handling hazardous substances and other activities where the failure of the Software could lead to death, personal injury or environmental damage.
- You acknowledge and agree that by using any of our Software Products or the Ecosystem, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular decentralised page address may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use our Software Products and the Ecosystem at your sole risk and that we shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
- YOU FURTHER ACKNOWLEDGE THAT WE DO NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT, INVESTMENT OR COMMODITY TRADING ADVISOR AND OWE YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY US TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, INVESTMENT, ACCOUNTING OR FINANCIAL ADVICE. ANY USE OR ACCESS TO THE SOFTWARE SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES AS AN EXCHANGE.
8. Limitation of Liability
- WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE OR DATA), EVEN IF A PARTY HAS BEEN ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SOFTWARE, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF ANY ACCOUNT OR WALLET PURSUANT TO THESE TERMS, (II) OUR DISCONTINUATION OF ANY OR ALL PARTS OF THE SOFTWARE, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SOFTWARE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY YOU OR YOUR USE OF OR ACCESS TO THE SOFTWARE; OR (C) ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF ANY ACCOUNT, WALLET OR OTHER DATA.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND RULES, OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.
- EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS, WE HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SOFTWARE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUALITY. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY, ACCURACY OR COMPLETENESS OF THE SOFTWARE OR RELATED SERVICES OR THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT: (I) THE OPERATION OR USE OF THE SOFTWARE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; OR (II) THE QUALITY OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
- YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET AND BLOCKCHAINS, AND THAT THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR GUARANTEE THAT ANY OR ALL SECURITY ATTACKS WILL BE DISCOVERED, REPORTED OR REMEDIED, OR THAT THERE WILL NOT BE ANY SECURITY BREACHES BY THIRD PARTIES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY US, THE SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- YOU ACCEPT RESPONSIBILITIES OF ALL ACTIVITIES AND USER CONTENT GENERATED BY YOU ON OR VIA THE SOFTWARE.
- You agree to defend, indemnify and hold harmless Point Network, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives (collectively, "Representatives") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to: (i) your use and access to the Software and our related services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (vi) negligent or wilful misconduct; (vii) your violation of rules set for User Content and your conduct at or via the Software as set out in these Terms; or (viii) any other party's access and use of other appropriate security code.The foregoing shall include the actions of any third party who wrongfully commit these actions under your account or utilizing your password and/or private keys.
11. Use and Termination
- You shall not: i) violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Software, ii) use the Software to in any manner to engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other activities that are illegal under applicable laws or regulations, iii) introduce to the Software any malware, virus, worms, Trojan horses, logic bombs, or other harmful material, iv) develop any third-party applications that interact with the Software without our prior written consent, or unless otherwise agreed, v) use the Software in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Software, or that could damage, disable, overburden, or impair the functioning of the Software in any manner, vi) encourage or induce any third party to engage in any of the activities prohibited under these Terms.
- In connection with your use of the Software, and your interactions with the users of the Ecosystem, and third parties you agree and represent that you will not engage in any of the prohibited uses or activities set forth herein, including under Section 11(a) of these Terms. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your access to the Software immediately and without notice if we determine, at our sole discretion, that your account or wallet is associated with prohibited uses or activities.
- We may suspend, restrict, or terminate your access to any portion of the Software and/or any or all of our related services for any reason, with or without explanation, effective upon sending a notice to you. We will provide you with the notice of our actions, if it would be technically possible and/or if other is not set in these Terms, and unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to the Software or services may be based on confidential criteria that are essential to security protocols. You agree that we are under no obligation to disclose the details of our security procedures to you.
12. General Terms
- From time to time, we may make available special offers or conduct promotions to certain users. Subject to applicable laws, we may establish qualifying criteria to participate in any special promotion at our sole discretion. We may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all users. We make no recommendation and do not provide any advice related to a promotion.
- We are an independent contractor for all purposes. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and us to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or us to be treated as the agent of the other.
- We shall not be liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of reputable and readily available virus screening and prevention software. You should also be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
- We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Software, or updating the "Last Updated" date at the bottom of these Terms. By continuing to access or use of the Software, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Software and our related services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Software.
- Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
- These Terms are personal to you, you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests and/or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving the Software.
- If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
- We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
- These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
- Upon termination of these Terms, all sections of these Terms which by their nature should survive termination or expiration will survive, including without limitation, the following sections: Section 1, Section 2, Section 4(b), Section 5, Section 6, Section 7, Section 8, Section 9, Section 10 and this Section 12(k).
- These Terms are deemed entered into by the parties in the Republic of Vanuatu. These Terms shall be governed exclusively under the laws of the Republic of Vanuatu and shall be subject to the exclusive jurisdiction of the Republic of Vanuatu courts.