Updated: December 14, 2018
These terms may be modified, changed, supplemented or updated by the Company in its sole discretion at any time without advance notice. We suggest that you visit this page regularly to keep up to date with any changes. Your continued use of this Website will confirm your acceptance of these terms and conditions as modified, changed, supplemented or updated by us. If you do not agree to such revised terms, you must stop immediate use of this Website and any information, links or content contained on this Website.
This Agreement governs your access and use of the Site and your purchase of Security Token Offerings (STO). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us concerning any products, services, or otherwise. You represent and warrant that you are participating in the STO sale in your individual capacity as the prospective beneficial owner of the STOs and not as a representative or agent of a third-party, or a third-party entity (i.e. non-natural person) and you acknowledge and agree that Blockstation reserves the right to prohibit persons and third-party entities from participating in the STO sale if they are domiciled in a jurisdiction (domestic or foreign) which prohibits and restricts such participation, including but not limited to, any sanctions program administered by the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of Treasure, Financial Crimes Enforcement Network (FinCEN), or Financial Analysis & Transactions Centre (FINTRAC)
USE OF WEBSITE
The purpose of our Website is to provide you with you some general information about the software being developed by the Company.
The Site is not intended for use by anyone under the age of eighteen (18). STOs may not be purchased through the Site by anyone under the age of eighteen (18). By using the Site and/or purchasing STOs through this Site, you represent and warrant that you (a) are at least eighteen (18) years of age or older, (b) purchasing the STOs in your individual capacity as the beneficial owner thereof and not as a representative or agent of a third-party or a third-party entity (i.e., non-natural person), (c) have not been previously suspended or removed from the Site, or engaged in any activity that may result in suspension or removal from the Site, (d) have not previously registered on the Site and/or been informed that your application to purchase STOs was not approved, (e) do not have more than one Account, and (f) have full power and authority to enter into this Agreement and consequently will not violate any other agreement to which you are a party. You acknowledge and agree that the Company reserves the right to prohibit persons and third-party entities from participating in the STO sale if they are domiciled in a jurisdiction (domestic or foreign) which prohibits or restricts such participation, including but not limited to, any sanctions program administered by the United States and/or Canada. Pursuant to that right, the Company hereby gives you notice and you acknowledge and agree that the STOs have not been qualified for distribution by prospectus in the United States or Canada and may not be offered or sold in the United States or Canada during the course of their distribution except pursuant to a prospectus exemption, and accordingly by purchasing the STOs you are deemed to represent and warrant that (a) if you are located in Canada or the United States, you are purchasing pursuant to a prospectus exemption or (b) if you are located outside Canada or the United States, you are purchasing not for the purpose of making an immediate resale to a person you actually know to be located in Canada or the United States and, for a period of 90 days after the date of their purchase by you, you will not resell the STOs to a person you actually know to be located in Canada or the United States nor through the facilities of an exchange or market in Canada nor the United States.
THE INFORMATION PROVIDED ON THIS WEBSITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO ANY LAW OR REGULATION, OR WHICH WOULD SUBJECT THE COMPANY AND/OR ENTITY CREATING THE STOS (INCLUDING THEIR AFFILIATES) OR ANY OF THEIR PRODUCTS OR SERVICES TO ANY REGISTRATION, LICENSING OR OTHER AUTHORIZATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. THE SALE OF STOS CONSTITUTES THE SALE OF A LEGAL SOFTWARE PRODUCT UNDER [CANADIAN] LAW. THIS PRODUCT SALE IS CONDUCTED BY THE COMPANY, A CANADIAN PRIVATE LIMITED COMPANY, OPERATING UNDER CANADIAN LAW. IT IS THE RESPONSIBILITY OF EACH POTENTIAL PURCHASER OF STOS TO DETERMINE IF THE PURCHASER CAN LEGALLY PURCHASE STOS IN THE PURCHASER’S JURISDICTION AND WHETHER THE PURCHASER CAN THEN RESELL THE STOS TO ANOTHER PURCHASER IN ANY GIVEN JURISDICTION. CREATOR OF STOS SHALL RESERVE THE RIGHT TO REFUSE SELLING STOS TO ANYONE THAT DOES NOT MEET CRITERIA NECESSARY FOR THEIR BUYING, AS ESTABLISHED HEREUNDER AND BY THE APPLICABLE LAW. IN PARTICULAR, THE CREATOR OF STOS MAY REFUSE SELLING STOS TO THOSE USERS WHO DO NOT MEET ELIGIBILITY CRITERIA ESTABLISHED BY THE CREATOR OF STOS FROM TO TIME IN ITS SOLE DISCRETION. THIS WEBSITE AND CORRESPONDING MATERIALS PROVIDE A GENERAL EDUCATIONAL OVERVIEW OF THE BUSINESS IMPLICATIONS OF THE CRYPTO EXCHANGE INDUSTRY IN THE UNITED STATES, AND DO NOT CONSTITUTE LEGAL ADVICE. TO BE FULLY INFORMED OF THE LAWS APPLICABLE TO CRYPTO EXCHANGES IN YOUR AREA, PLEASE CONSULT LOCAL LEGAL COUNSEL. YOU SHOULD NOT USE THIS WEBSITE, THE CORRESPONDING MATERIALS, AND/OR STOS TO ENGAGE IN AND/OR AID AND ABETT ILLEGAL ACTIVITIES UNDER US FEDERAL LAW.
For purposes of this Agreement, “STOs” refers to a general purpose cryptocurrency, implemented on the public Ethereum blockchain (the “Ethereum Platform”) as an ERC-20 token, and intended for use in everyday digital services. STOs are intended to be used for all transactions within a BLOCKSTATION TRANSACTION PLATFORM comprised of digital services that participate in the right and opportunity to innovate and compete for compensation in the form of STOs.
ANTI-MONEY LAUNDERING (AML) REGULATIONS
If, at any time, the Company determines that it must or should comply with applicable law, regulations or guidance for money services businesses operating in the United States or Canada, Blockstation may be required to periodically file details of account activity to the Financial Crimes Enforcement Network (“FinCEN”) and/or the Financial Analysis Transactions Centre (“FINTRAC”). We may also be required to provide information required by law to other state or federal agencies in the United States and Canada and other jurisdictions including, but not limited to, reporting suspicious transactions of $2,000 or more to FinCEN, and maintaining records regarding transactions of $3,000 or more (the “Recordkeeping Requirements”).
Since we do not accept transactions, we maintain a Know-Your-Customer (KYC) policy to comply with the Recordkeeping Requirements. The Company aims to reasonably identify each prospective purchaser of STOs by cross-referencing user data against governmental watch lists, including but not limited to, Specifically Designated Nationals and Blocked Persons List maintained by OFAC, as well as third-party identity verification and authentication services. If your proposed purchase is flagged through our internal controls, we may require additional proof of identification from you. We reserve the right to prohibit any purchases until additional and verifiable proof of identity to our satisfaction is received and you have been approved as a prospective purchaser.
By complying with this Agreement, you acknowledge and agree that that we maintain verification levels that require user participation and verification to obtain, with leveled permissions based on user-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve your desired level of verification, and we reserve the right in our sole discretion, to determine the appropriate verification level for any user, as well as the right to downgrade users without notice. We may, from time to time, implement policies restricting verification levels by nationality, country of residence, or any other factor. This may affect your right to purchase STOs or withdraw STOs in your Account, and you indemnify The Company against any losses associated with an inability to purchase or withdraw STOs based on your verification level.
REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
To purchase STOs, you will need to register for a STOS Account on the Site (“Account”). By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update periodically as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, the STOs, or your Account. The Company will take all reasonable and practical measures to block multiple accounts of the same user.
You acknowledge and agree that to ensure the safety of the users’ accounts, to counteract money laundering and to enforce its internal security policy, the Company, by default, shall use internal controls and programs for such controls to be maintained. The Company, through these programs and controls, shall collect and store personal and confidential information about the users and their transactions, including personal information about you, provided to us upon registration of your Account or requested by us upon transactions effected, as well as indirect information, including IP-addresses, information about the operating system used, software configuration and other information collected with the use of “cookies” technology to create statistical reports.
The Company may require identification information where there is a basis to conclude or believe the incidence of suspicious activity that may be indicative of illegal activity. Identification of bank accounts may also be required. You accept and agree that in the event where the Company has valid reasons to believe that your Account is directly or indirectly used for money laundering or for any other illicit or illegal activity, or that you have concealed or reported false identification information and other details, and also if there is a valid reason to believe that the transactions effected via your Account were effected in breach of this Agreement, the Company shall be entitled to require you to provide any additional information and documents to clarify the circumstances. Transactions may be frozen and/or delayed until any and all documents are reviewed by us and accepted as satisfying the requirements of the legislation for counteracting laundering of money from illicit or criminal activities to finance terrorism.
The Company can request from you any additional identifying information and supporting documents at any time at the request of any competent legal or regulatory authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering obtained by illicit or criminal means, or for counteracting the financing of terrorism. In this case, if you do provide incomplete or false information and documents, the Company reserves the right to unilaterally refuse to provide any services to you.
By creating an Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. The Company may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
OPEN SOURCE SOFTWARE
We may make (but are not obligated to make) the source code for the software we develop available for download as open source software. You agree to be bound by, and comply with, any license agreement that applies to this open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of this open source software. When we host any software and enable you to access and use such software through our websites including this Website, then these terms will apply to such access and use, as well as any license agreements that we may enter into with you.
We may display content from independent third parties through the Site and Content (collectively, “Third-Party Content”). We do not approve of, control, endorse or sponsor any third-parties or Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third-party sites linked to our Website nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites are operational or are current.
LICENSE TO ACCESS AND USE OUR SITE AND CONTENT
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Blockstation logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of The Company or our affiliates, licensors or users, as applicable, and are protected by Canadian, U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to this Agreement and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in this Agreement shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of The Company or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by The Company or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
The Blockstation logo and any Blockstation and Blockstation Token (STOS), product or service names, logos or slogans that may appear on the Site are trademarks of The Company or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “STOS” or any other name, trademark or product or service name of The Company or our affiliates without our prior written permission. In addition, the look and feel of the Site, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of The Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by The Company.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about The Company, the Site, BLOCKSTATION TRANSACTION PLATFORM, or the STOs (collectively, “Feedback”). You agree that submission of Feedback is at your own risk and that The Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant The Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights in connection with the operation and maintenance of the Site and STOs. We reserve the right to use Feedback for any purpose at no charge and without compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights to your Feedback. The purpose of these terms is to avoid potential misunderstandings or disputes if The Company’s products, services, business ideas or business strategies might seem similar to ideas submitted to us as Feedback. If you decide to send us feedback, you acknowledge and understand that the The Company and other Parties make no assurances that your Feedback will be treated as confidential or proprietary.
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or using STOs. You agree that you will abide by this Agreement and will not:
- Provide false or misleading information to the Company;
- Use or attempt to use another user’s account without authorization from such user and The Company;
- Use the Site or STOs in any manner that may interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or STOs, or that could damage, disable, overburden or impair the functioning of the Site or STOs in any manner;
- Develop, utilize, or disseminate any software, or interact with our API in any manner, that could damage, harm, or impair the Site or STOs;
- Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Site;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site or STOs that you are not authorized to access;
- Access any content, area or functionality of this Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of this Website;
- Obtain unauthorized access to or interfere with the performance of the servers which host this Website or provide the services on this Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
- Attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
- Harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site and STOs, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- Use data collected from our Site and STOs to contact individuals, companies, or other persons or entities;
- Use data collected from our Site and STOs for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- Bypass or ignore instructions that control all automated access to the Site or STOs;
- Use the Site or STOs for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement;
- Use the Ethereum Platform to carry out any illicit or illegal activities, including but not limited to money-laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, the STOs or the BLOCKSTATION TRANSACTION PLATFORM (BTP);
- Publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
- Display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
- Interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Website;
- Create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of this Website or a paragoncoin.com representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
- Mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
- Disguise the origin of any material transmitted through the services provided by this Website (whether by forging message/packet headers or otherwise manipulating normal identification information);
- Violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort; or
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property.
You represent and warrant that (a) you are the rightful owner and entitled to use all STOs purchased by you; (b) your purchase of STOs does not violate the rights of any third party or applicable law; and (c) the currency used to buy STOs corresponds to your actual assets and arrives from legal sources.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Company, Parties ”), from and against all actual or alleged The Company, Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, lawyers’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or STOs, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of another. You agree to promptly notify The Company of any third-party Claims and cooperate with the The Company, Parties in defending such Claims. You further agree that the The Company, or Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Company.
THIS WEBSITE AND ALL INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES WHATSOEVER OF ANY STOSD INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES, PROMISES OR GUARANTEES REGARDING THE ACCURACY, CURRENCY, COMPLETENESS, ADEQUACY, AVAILABILITY, SUITABILITY OR OPERATION OF THIS WEBSITE, ANY PRODUCTS OR SERVICES WE MAY PROVIDE THROUGH IT OR THE INFORMATION OR MATERIAL IT CONTAINS. EACH OF THE COMPANY, PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY WITH RESPECT TO THE CONTENT, INFORMATION, DATA, SERVICES, AVAILABILITY, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE; (B) ANY WARRANTIES THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (C) ANY WARRANTIES THAT THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS PROVIDED THROUGH IT ARE ERRORFREE OR THAT DEFECTS IN THIS WEBSITE, ITS CONTENT OR SUCH SERVICES OR PRODUCTS WILL BE CORRECTED; (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (E) ANY WARRANTIES THAT THIS WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER OR OTHER ELECTRONIC EQUIPMENT; AND (F) ANY WARRANTIES OF NON-INFRINGEMENT. THE MATERIALS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED ON THIS WEBSITE. THE COMPANY, OR PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE, ITS PRODUCTS, SERVICES AND/OR THE MATERIALS DESCRIBED ON THIS WEBSITE AT ANY TIME.
THE COMPANY WILL NOT BE RESPONSIBLE NOR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF STOS, INCLUDING BUT NOT LIMITED TO, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR STOS. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH MAY NOT OTHERWISE BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
STOS IS AN INTANGIBLE DIGITAL ASSET. STOS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY STOS OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. THE COMPANY DOES NOT GUARANTEE THAT THE COMPANY OR ANY OTHER PARTY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY STOS.
The Company is not responsible for sustained casualties due to a vulnerability or any type of failure, abnormal behavior of software (note, wallet, contract), blockchains or any other features of the STOs. The Company is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with STOs including forks, technical node issues or any other issues having fund losses as a result.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS. AS A RESULT, SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
THE COMPANY MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY CONTENT OR THIRD-PARTY SITES AND/OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD-PARTY CONTENT OR THIRD PARTY SITES AND/OR SERVICES OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE THIRD-PARTY CONTENT OR THIRD-PARTY SITES AND/OR SERVICES THAT GIVE RISE TO ANY CLAIM.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site or Content (or any features or functionality of the Site) at any time without notice and without obligation or liability to you.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
In addition, to the maximum extent permitted by law, none of the The Company, Parties shall be responsible or liable for: (a) any loss, liability, cost, expense or damage suffered or incurred arising out of or in connection with any access to or use of this Website or any of its content; (b) any reliance on, or decision made on the basis of, information or material shown on or omitted from this Website; (c) any representation or otherwise in respect of the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on this Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or hire a candidate, or that any candidates will meet our needs; (d) any matter affecting this Website or any of its content caused by circumstances beyond our reasonable control; (e) the performance of this Website and any fault, delays, interruptions or lack of availability of this Website and any of the services or products provided through this Website, which may occur due to increased usage of this Website, intermittent failures of this Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and (f) any information or material on any website operated by a third party which may be accessed from this Website. General These terms control the relationship between us and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t take immediate action, this doesn’t imply, directly or indirectly, that we are forfeiting any rights that we may have (such as taking future action). If a particular term is not enforceable, the term will be modified such that it is enforceable and this will not affect any other terms contained herein.
ASSUMPTION OF RISK
You accept and acknowledge all risk factors described in the STO Risk Factors document. Furthermore, you accept and acknowledge:
- Purchasers of STOs should expect prices to fluctuate significantly. The information published on the Site cannot guarantee that participants will not lose money.
- At any given time in transacting in STOS, there may be limited or no liquidity in the ability to buy and/or sell STOS to effectuate transactions. The Company bears no responsibility for this lack of liquidity in STOS nor in maintaining a support (floor) price for STOS at any time. Liquidity refers to the extent to which a market allows assets to be bought and sold at stable prices. Lower liquidity tends to result in a more volatile market (especially when large orders are placed), and it causes prices to change more drastically; whereas higher liquidity creates a less volatile market, and prices do not fluctuate as significantly.
- STOS will be priced independently by markets and exchanges, similar to any other crypto token. There are many external factors and market forces that influence the price of STOS which are outside the control and purview of The Company.
- You are solely responsible for determining what, if any, taxes apply to your STO transactions. Neither The Company nor any other Party is responsible for determining the taxes that apply to STO transactions.
- Our Site does not store, send, or receive STOs. This is because the STOs exist only by virtue of the ownership record maintained in the Ethereum Platform. Any transfer of STOs occurs within the Ethereum Platform and not on this Site.
- There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third-parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that The Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the STOs, however caused.
- Upgrades by Ethereum to the Ethereum Platform, a hard fork in the Ethereum Platform, or a change in how transactions are confirmed on the Ethereum Platform may have unintended, adverse effects on all blockchains using the ERC-20 standard, including the BLOCKSTATION TRANSACTION PLATFORM.
- The regulatory regime in either Canada and/or the United States governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the BLOCKSTATION TRANSACTION PLATFORM and the utility of STOs.
- The prices of blockchain assets are extremely volatile. Fluctuations in the price of Ether or other digital assets could materially and adversely affect the STOs, which may also be subject to significant price volatility.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF THE OTHER PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES, CONTENT OR STOS OR OTHERWISE RELATED TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM STOS DIGITAL, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE CONTENT, STOS, OR ANY PRODUCTS OR SERVICES PURCHASED FROM US EXCEED THE GREATER OF $100 AND THE AMOUNT RECEIVED BY US FROM THE SALE OF STOS THAT ARE THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
MODIFICATIONS TO THE SITE AND STOS
We have sole discretion in reserving the right to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or suspend or discontinue issuance of STOs at any time and without liability therefore.
This Agreement constitutes the entire agreement between you and The Company relating to your access to and use of the Sites, and Content and your purchase and use of the STOs. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of The Company, and The Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.