TERMS AND CONDITIONS ON PARTICIPATION IN TOKEN SALE.
1.1. By purchasing ACTN Token through the Purchaser Account on Company's website: www.andaction.io (hereinafter "website"), the Purchaser expressly agrees to all of the terms and conditions set forth in the WhitePaper, which is incorporated by reference herein, as well as the terms specifically governing the purchasing of ACTN as recoded below. All capitalised terms in this Terms and Conditions (hereinafter "Terms") will be given the same effect and meaning as in the WhitePaper.
1.2. At any point, if you do not agree to any portion of the WhitePaper or Terms, you should not proceed to purchase any ACTN.
1.3. If there is any conflict between the WhitePaper and the Terms at any time, the provisions of the Terms shall govern.
1.4. The Purchaser agrees to purchase from the Company such number of ACTN as ordered by the Purchaser on the website when the Terms are accepted.
1.5. ACTN Tokens are not offered to United States of America residents or citizens, People's Republic of China citizens, Singapore citizens and Republic of Korea citizens. By participating in the Token Sale Purchaser represents and warrants that he is not a United States of America resident or citizen, People's Republic of China citizen, Singapore citizen and Republic of Korea citizen.
Cryptocurrency is a peer-to-peer payment system and digital currency using cryptography to control the creation and transfer of money.
Token is a digital expression of cryptocurrency, created on the basis of a blockchain.
ACTN token, ACTN, Token is the Company's app token issued during Token Sale giving access to the Company's products stipulated in these Terms.
Token Sale is a process contemplated by the Company by which the Company will sell ACTN to Purchasers and in return will provide possibilities for Purchasers to have an access to the Company's products.
Purchaser is the purchaser of the ACTN tokens through the Website, also referred to as "User" or "You" keen in the Company's services desired to purchase ACTN in exchange for future payments for the content which will be provided by the Company.
White Paper is the document describing the Company's project, aims of fund raising, goals for making a film "Satoshi Nakamoto. History of Bitcoin", creation of Artificial Intelligence D.E.U.S., usage of Neuroscience technologies, development of Company's platform, opening coworkings and related terms, placed at the Website and being an integral part of these Terms and Conditions.
Start date is the date of start of Token Sale which is 02/10/2017
Closing date is the date of end of Token Sale which is 31/12/2017
Company is the issuer and seller of the ACTN, also referred to as "We".
Purchase Date is the date the Purchaser submits the request to purchase the ACTN via online form at the Website unless otherwise agreed in writing between the Company and the Purchaser.
Price means the price for which the Purchaser agrees to purchase an ACTN.
Website is being http://www.andaction.io
2. REPRESENTATIONS AND WARRANTIES
By purchasing ACTN, the Purchaser:
2.1. represents and warrants that the Purchaser is legally permitted to purchase ACTN in the Purchaser's jurisdiction;
2.2. represents and warrants that the Purchaser is of a sufficient age to legally purchase ACTN or has received permission from a legal guardian who has reviewed and agreed to these Terms and the WhitePaper;
2.3. represents and warrants that the Purchaser will take sole responsibility for any restrictions and risks associated with the purchase of ACTN as set forth in the Terms and the WhitePaper;
2.4. represents and warrants that the Purchaser is not exchanging ETH for ACTN for the purpose of speculative investment;
2.5. represents and warrants that the Purchaser has an understanding of the usage and intricacies of crypto-based assets, like ACTN, ETH and crypto-based software systems.
3. SALE TERMS
3.1. The Purchaser acknowledges and understands that the ACTN has no warranty whatsoever, expressed or implied, to the extent permitted by Applicable Law and accordingly that ACTN are purchased on an "as is" basis.
3.2. The Purchaser also understands that the Company will not provide any refund of the purchase price for ACTN under any circumstance.
3.3. The Purchaser further agrees to accept sole and exclusive risk for the purchase of Tokens through the Website. The Purchaser recognizes that Company's services are currently being developed and may undergo significant changes before release.
3.4. In order to reduce the possibility of fraud, phishing attempts and other schemes perpetrated by malicious third parties, the Purchaser agrees not to respond directly to any inquiry regarding its purchase of ACTN, including but not limited to email requests purportedly coming from the Company. The Purchaser understands that the Company may send the Purchaser emails from time-to-time, but these email notices will never ask for information or require a response from the Purchaser.
3.5. The Purchaser recognizes that the Company does not warrant the period of time for which the Company's services will be operational. The Company's services may be abandoned by the Company for a number of reasons, including a lack of interest from the public, a lack of funding or any other reasons.
3.6. Price of one token is set at 0.00033333 ETH. If Purchaser hasn't got ETH in his/her wallet he/she can use an exchange service to exchange money to ETH to his/her wallet.
4. RIGHTS OF PURCHASER
4.1. By purchasing ACTN during Token Sale Purchaser gets opportunity to pay with ACTN for subscribes to the content, single access to the content, usage of coworkings and other services provided by the Company.
4.2. Ownership of ACTN carries no rights, express or implied, other than the right to use Tokens as a means to enable usage of and interaction with the Companty's services, if successfully completed and deployed. In particular, you understand and accept that Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights, other than rights relating to the provision and receipt of usage of Company's products.
4.3. The Tokens are not intended to be marketed, offered for sale, purchased, sold, or traded in any jurisdiction where they are prohibited by applicable laws or require further registration with any applicable governmental authorities.
5. OBLIGATIONS OF PURCHASER
5.1. The Purchaser warrants that he or she will only use the Website in accordance with the purpose of the offered service and solely based on these Terms. The Purchaser further agrees that he or she has the authority and means to enter a purchase. Furthermore, the Purchaser warrants that he or she is the legitimate owner of the monetary sums he or she intends to exchange against an ACTN and that he or she does not infringe the rights of any third party or applicable law.
5.2. The Purchaser agrees not to use the Website or the ACTN whether directly or indirectly for any kind of illegal activity such as money laundering, terrorism financing or negatively affecting the performance of the Website.
5.3. The Purchaser agrees not to distribute any illegal material through the Website or use the Website in any other way than intended by the Company.
6.1. The Company closely observes any activities that might relate to money laundering or illegal activities. The Company reserves the right to share users' information with third parties to ensure intended operations of the Website and its security.
6.2. The Website is not liable for any damages incurred as a result of sending emails though the Internet. Emails should only be sent in encrypted format.
6.3. The Website is not liable for any illegal actions of the third party.
6.4. The Website is not liable for any government actions.
7. INTELLECTUAL PROPERTY AND LINKING
7.1. The Company and the licensors own all intellectual property rights on the Website.
7.2. The Website has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.
8.1. By purchasing an ACTN on the Website you acknowledge and agree that:
– Cryptocurrencies are not recognised as legal tender and are not regulated by any central institution and may be subject to extreme price volatility;
– you understand the risks involved with digital currencies;
– you are responsible for protecting your Tokens, wallet, computer, software bank account, address and personal data against any theft, fraud or illegal activity;
– we do not accept any responsibility for any loss or damage suffered by you or any of your authorized agents or representatives, in connection with ACTN, whether directly or indirectly, and including where you provide us with any false information;
– all concluded transactions with respect to Token Sale are irreversible;
– we are not responsible for transfers made to any incorrect wallet IDs and you and your agents agree to release us from all loss or damage suffered in connection with such transfers whether directly or indirectly;
– you have obtained independent legal and financial advice about the risks associated with buying ACTN, or you knowingly and voluntarily elected not to do so;
The Purchaser further acknowledges that as cryptocurrency's are not regulated and backed by any central bank, there is a chance of total loss. We cannot be held liable for any consequences of the unforeseen risks.
8.2. The Website does not offer any legal, financial, insurance, tax, investment or associated advice. All transactions made are the sole responsibility of the Purchaser considering his or her personal circumstances. We do not recommend anything available on the Website.
8.3. Information such as buy and sell prices, and the rate of production per hash per second, whether on the Website or at other, non affiliated services are for information only and is not investment advice in any form and should not be construed as such.
8.4. We make no guarantees, warranties or representations whatsoever as to:
(a) the future value of Tokens produced; nor
(b) the rate at which Tokens will be produced in the future applying particular hash rates, pursuant to any Token purchased by you.
8.5. Furthermore, we cannot be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason our Website is unavailable at any time or for any period. We also cannot be held liable for any incorrect information from third parties displayed on our Website.
8.6. In case of fraud, we will report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.
9. FORCE MAJEUR
9.1. The Company shall not be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure. Force Majeure includes delay or failure resulting from any cause beyond reasonable control, including act of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots or orders of government, acts of terrorism, or war.
10. GOVERNING LAW
10.1. These Terms and conditions and the White Paper are the entire agreement between the Parties and this agreement is governed by and shall be construed in accordance with the laws of Isle of Man.
11.1. The Company reserves the right to amend the Terms and Conditions at any time and such amendments will be effective immediately upon publication on the Website. By continuing to use the Website and participating in the Token Sale you accept such amendments.