The term “User” refers to a Visitor, Student or Attendee.
BY USING THE SERVICES, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY CLICKING “I ACCEPT,” REGISTERING A USER ACCOUNT (AS DEFINED HEREIN) WITH BLOCKCHAIN SEMANTICS OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A VISITOR, BY USING THE SERVICES, IN ADDITION TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (EXCEPT FOR THE SECTION ENTITLED “STUDENT AND ATTENDEE COMMUNICATIONS”), YOU ARE CONSENTING TO BE BOUND BY THE TERMS SET FORTH IN THE SECTION ENTITLED “VISITOR COMMUNICATIONS.” IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS SET FORTH IN THE SECTION ENTITLED “VISITOR COMMUNICATIONS,” DO NOT ACCESS OR USE THE SERVICE.
ADDITIONALLY, WITHOUT LIMITATION TO ANY OF THE FOREGOING, IF YOU ARE A STUDENT OR ATTENDEE, BY REGISTERING YOUR USER ACCOUNT WITH BLOCKCHAIN SEMANTICS, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE TERMS SET FORTH IN THE SECTION ENTITLED “STUDENT AND ATTENDEE COMMUNICATIONS.” IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS SET FORTH IN THE SECTION ENTITLED “STUDENT AND ATTENDEE COMMUNICATIONS,” DO NOT REGISTER YOUR USER ACCOUNT. IF YOU DO NOT REGISTER YOUR USER ACCOUNT, YOU WILL NOT BE ABLE TO ACCESS OR USE CERTAIN PARTS OF THE SERVICE THAT MAY REQUIRE A USER ACCOUNT.
If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Website. You consent to receive these notifications and messages. We also provide information on the Website for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages or other communications in response to any such contact.
If you are a Student or an Attendee, you expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Online Courses, information related to your method of payment, transactional
receipts, career advice, information about your progress or other services that may be necessary to provide you with Online Course or Online course services.
You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
While any Visitor can view the Website, in order to use the Website and take part in the Online Courses, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. If you do not qualify, you may not attend the Online Courses.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrollment in the Online Courses, or a Online course, to the extent applicable.
The Website are available to any User. However, access to the Online Courses is restricted to Attendees or Students that have a registered User Account. By registering, you agree that:
Blockchain Semantics and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. A Verified Certificate shall be awarded, in the sole discretion of Blockchain Semantics and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of Blockchain Semantics. By attending the Online Courses, Students acknowledge that Blockchain Semantics and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as Blockchain Semantics and the instructors deem appropriate.
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution. Additionally, unless the following conflicts with such a policy or honor code, any User of the Online Courses agrees that he or she:
In addition, you may not post, upload, or transmit to or otherwise make available through the Website or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”):
All content or other material available on the Website or through the Online Courses, including but not limited to on-line lectures, speeches, video lessons, quizzes, presentation materials, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Blockchain Semantics and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Blockchain Semantics logos, trademarks and service marks which may appear on the Website (“Marks”), are the property of Blockchain Semantics and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Website are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Blockchain Semantics.
Blockchain Semantics hereby grants you a license in and to the Educational Content under the following terms and subject to the following conditions:of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License (http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license) (the “CC License”), provided that, in each case, the Educational Content is specifically marked as being subject to the CC License. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the “Licensed Material” under the terms of the CC License. Without limiting the generality of the terms of the CC License, the following are types of uses that Blockchain Semantics expressly defines as falling outside of the definition of “non-commercial”:
(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
The Online Courses may provide you with the ability to upload forum posts, chat with other Users, User discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Website or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Blockchain Semantics does not claim ownership of any User Content you may submit or make available for inclusion on the Website or Online Courses. Accordingly, subject to the license granted to Blockchain Semantics below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
Additionally, from time to time, Blockchain Semantics (or its third party service providers on behalf of Blockchain Semantics) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to Blockchain Semantics through a Blockchain Semantics website/portal or the website/portal of Blockchain Semantics’s service provider. In the event that Blockchain Semantics (or its service provider) makes such a request to you, Blockchain Semantics will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to Blockchain Semantics (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to Blockchain Semantics); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to Blockchain Semantics’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License.
With respect to any User Content you submit to Blockchain Semantics (including for inclusion on the Website or Online Courses) or that is otherwise made available to Blockchain Semantics, you hereby grant Blockchain Semantics an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Blockchain Semantics above shall be exclusive. Blockchain Semantics reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Blockchain Semantics to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Blockchain Semantics, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The source code that comes with the course "DEVELOPING DECENTRALIZED APPLICATIONS ON ETHEREUM USING SOLIDITY" is meant for education purpose only. Do not share, distribute or use it commercially.
To purchase any services or products offered by Blockchain Semantics through the Website, you must have Internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). You agree to Blockchain Semantics, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Blockchain Semantics Website as they become due, whether on a one-time or subscription basis. Unless otherwise specified upon enrollment, for subscription products or services, your Payment Method will be authorized for up to approximately one month of service as soon as the free trial, if any, has concluded for the Online Course for which you register for a paid subscription and on a monthly basis thereafter until you cancel the subscription. For example, if you begin a paid subscription on January 1st for a 14 day free trial, you will be charged on January 15th for the first month, February 15th for the second month, and so on. Your billing data may vary slightly if your billing date does not have a corresponding date the next month (i.e. enrollment started on January 31 will be billed on February 28). Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Blockchain Semantics does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. For subscription products or services, you may cancel at any time by going to your account settings. Other than stated above, you hereby acknowledge and agree that Blockchain Semantics will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee refunds for lack of usage or dissatisfaction. You understand and agree that not all promotions and pricing are available to all enrollees, and that specific additional terms and conditions may apply to certain promotional programs, pricing or geographic locations.
In some instances, you will be permitted to pre-enroll in a course subscription before the course has begun on the Course Site. In these cases you will be billed on the day the course begins and billed monthly thereafter. You may cancel at any time by going to your account settings. If you cancel your subscription at any time before the course begins, you will not be charged any further amounts, but likewise you may be ineligible for certain promotions and pricing in the future.
Currently, your subscription to Blockchain Semantics products or services may start with a free trial. The free trial period for any of your subscriptions will last for the period of time specified during your sign-up. Free trials for any products or services may not be combined with certain other offers when specified in the offer language. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, we will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. Your Payment Method will be authorized for up to approximately one month of service as soon as you register for a free trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You may cancel at any time by going to your account settings. If you cancel your subscription during a free trial period, no charges will be made against your Payment Method. You may be ineligible for certain features of a product or service or promotions during your free trial period. For example, you cannot be awarded a Verified Certificate or similar certification during your free trial period because you must pay for at least one (1) month of a course subscription to be eligible for a Verified Certificate in that course. In the case of Online course you must pay for no less than one (1) month of Online Courses and meet all of the other then current requirements to obtain promotional pricing, rebates or discounts.
If you access pre–paid, gift, promotional or sponsored subscription products or services for any Online course or other Blockchain Semantics pre–paid or third party paid subscriptions ("Sponsored Services"), the Payment Method will be authorized for the number of months of the service noted in the product description for the payment amount indicated. Services may then be activated by any recipient or user by enrolling with us at Blockchain Semantics.com or through other means contractually executed with Blockchain Semantics.
Sponsored Services for any Online course must be activated by the recipient by enrolling with us within sixty (60) days of purchase, and the enrolled user must accept our Terms of Service upon enrollment. In addition, an enrolled user may disenroll or terminate and in such cases the original purchaser may request a full refund in accordance with the procedures set forth in our Terms of Service at any time up to thirty (30) days after the date of enrollment. In all circumstances, the outside limit for request of a refund on the purchase of Sponsored Services, is the later of (a) thirty (30) days from enrollment, or (b) sixty (60) days after purchase to request. Refunds may be requested for any reason or no reason. Refunds processed will go only to the original purchaser of the Sponsored Services and no case will be paid out to the user or recipient. You or any user receiving Sponsored Services may not access free trial periods or subscriptions for Sponsored Services and the Blockchain Semantics Fifty Percent Money–Back Guarantee program shall be unavailable for Sponsored Services purchases. Certain Online courses and promotions may also be excluded from the Sponsored Services program. Sponsored Services shall be solely for access for the period noted in the purchase documentation, purchase is solely for that Blockchain Semantics program noted in the purchase documentation, and may not be credited for any other Blockchain Semantics program. Blockchain Semantics reserves the right to modify or update these terms with respect to activation and enrollment limitations for Sponsored Services at any time and/or discontinue the program, but in any event, purchases will receive the length of Sponsored Services for the period they have purchased for even if discontinued.
Sponsored Services purchases are not available for the following products or services: Blockchain Semantics Connect or Online course Plus. Blockchain Semantics reserves the right to exclude other Online courses from the Pre-Paid subscription or Sponsored Services model at any time in the future.
You acknowledge and agree that Blockchain Semantics’s services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the FAQ for additional information about limitations and hours of availability. You also understand that Blockchain Semantics, at its sole discretion, may limit, suspend, or terminate your use of all Blockchain Semantics-provided services related to Blockchain Semantics’s programs, such as access to Blockchain Semantics Coaches, evaluation services, or certifications. You also understand that Blockchain Semantics may modify or discontinue all services related to its programs at its sole discretion.
You expressly acknowledge and agree that your use of the Website, the Online Courses and all Content and services available on the Website is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE WEBSITE, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE WEBSITE OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE WEBSITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
The Website may contain links to pages on other website (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Blockchain Semantics does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Website at any time for any reason or for no reason.
BLOCKCHAIN SEMANTICS WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
Blockchain Semantics’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent Blockchain Semantics, 604, Crystal Paradise, Off Veera Desai road, Andheri(w) Mumbai Email: firstname.lastname@example.org
The section titles herein are displayed for convenience only and have no legal effect.
The following Terms and Conditions (“Terms”) govern the initial sale of cryptographic tokens – ARTH Tokens (“ARTH”) – that are required to transact on the BCOP open source software platform described in BCOP Whitepaper (“Blockchain Semantics Platform”) to users (“Users” collectively, and “User” individually).
The information contained in the BCOP Whitepaper and on Blockchain Semantics website are of descriptive nature only, are not binding and do not – unless explicitly referred to herein – form part of the Terms or the agreement between the parties.
By purchasing ARTH token, the User expressly acknowledges and represents that he/she has carefully reviewed the Terms and fully understand the risks, costs, and benefits of purchasing ARTH and agrees to be bound by the Terms. As set forth below, the User further represents and warrants that, to the extent permitted by law, he/she is authorized to purchase ARTH in his/her relevant jurisdiction, is of a legal age to be bound by these Terms, and will not hold Blockchain Semantics, its parent and affiliates, and the officers, directors, agents, joint ventures, employees and suppliers of Blockchain Semantics or our parent or affiliates, now or in the future and any other member of the Blockchain Semantics Team (collectively the “Blockchain Semantics”) liable for any losses or any special, incidental, or consequential damages arising out of, or in any way connected to the purchase of ARTH.
The User understands and accepts that while the individuals and entities, including Blockchain Semantics, incorporated under the law of India (hereinafter Blockchain Semantics), assigned to this task will make reasonable efforts to develop and complete the Blockchain Semantics Platform and It’s Project, it is possible that such development may fail and User’s ARTH may become useless and/or valueless due to technical, commercial, regulatory or any other reasons (see also Chapter 4 regarding Risks).
The User is aware of the risk that even if all or parts of the Blockchain Semantics Platform are successfully developed and released in full or in parts, due to a lack of public interest, the Blockchain Semantics Project could be fully or partially abandoned, remain commercially unsuccessful or shut down for lack of interest, regulatory or other reasons. The User therefore understands and accepts that purchasing ARTH carries significant financial, regulatory and/or reputational risks (including the complete loss of value of purchased ARTH, if any, and attributed features of the Blockchain Semantics Project).
This document does not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an initial public offering or a share/equity offering and does not pertain in any way to an offering of securities in any jurisdiction.
Only individuals, entities, or companies that have significant experience with, and understanding of the usage and intricacies of cryptographic tokens, like bitcoin (“BTC”), and blockchain-based software systems should participate purchase ARTH. Users should have functional understanding of storage and transmission mechanisms associated with cryptographic tokens. While the Blockchain Semantics Team will be available to assist Users of ARTH during and after the purchase, Blockchain Semantics will not be responsible for lost ether, any other cryptocurrency or ARTH resulting from actions taken by, or omitted by Users. Note, in particular, that Users should take great care to write down their wallet password and not lose it so as to be sure that they will be able to access their ARTH when it becomes available after the purchase.
User understands and accepts that ARTH does not represent or constitute any ownership right or stake, share or security or equivalent rights nor any right to receive future revenues, shares or any other form of participation or governance right in or relating to the Blockchain Semantics Project and/or ARTH. Ownership of ARTH carries no rights, express or implied, other than the right to participate in the Blockchain Semantics Project if and to the extent the Blockchain Semantics Project has been successfully completed and launched. By receiving ARTH no form of partnership, joint venture or any similar relationship between the Users and Blockchain Semantics and/or other individuals or entities involved with the setting up of the Blockchain Semantics Project is created. 1.2.
Blockchain Semantics shall stop accepting new purchase orders of ARTH once total value of purchase orders of ARTH reaches 120 Million units. However the actual amount of ARTH sold may be different from the aforementioned value due to the fact that transactions may clear or be cancelled.
In the spirit of openness and to enable Users to have as much information as possible to guide their decision making process, Blockchain Semantics will disclose in real time the total number of ARTH sold in order to enable the User to develop an understanding of the size of the existing ARTH pool at the time of submitting their ARTH purchase order. 1.5. Sale on Blockchain Semantics ARTH Website
Blockchain Semantics will maintain an interface, which can be used to purchase ARTH. Instructions for purchasing ARTH using the interface will be embedded and available for review on the Blockchain Semantics website during the purchase. Failure to follow these instructions may limit, delay, or prevent a User from purchasing ARTH. Any questions about these instructions should be directed to email@example.com 3 1.6. Obligation to Determine if User Can Purchase ARTH in User’s Jurisdiction and Pay Applicable Taxes
The purchase of cryptographic tokens (ARTH) for obtaining a right to use future software services is provided through the Blockchain Semantics Platform under Indian law. This service is going to be provided by Blockchain Semantics, an Indian entity, operating under Indian law. It is the responsibility of each User of ARTH to determine if the User can legally purchase ARTH in the User’s jurisdiction. In case any taxes have to be paid on the purchase of ARTH in the jurisdiction where the User is located, the User shall undertake to pay such taxes. 1.7. KYC.
By placing a purchase order of ARTH, the User: (i) Consents and agrees to the Terms; (ii) Represents and warrants that the User is legally permitted to purchase Ath in the User’s jurisdiction to have a possibility to obtain service of Indian origin; (iii) Represents and warrants that the User is of a sufficient age to legally purchase ARTH or has received permission from a legal guardian who has reviewed and agreed to these Terms; (iv) Represents and warrants that the User will take sole responsibility for any restrictions and risks associated with the purchase of ARTH as set forth below; (v) Represents and warrants that User is not purchasing ARTH for the purpose of speculative investment; (vi) Represents and warrants that the User is purchasing DLT for the use of the Blockchain Semantics Platform, or to facilitate development, testing, deployment and operation of applications using the Blockchain Semantics Platform; (vii) Represents and warrants that the User has an understanding of the usage and intricacies of cryptographic tokens, like BTC, and blockchain-based software systems.
In order to purchase ARTH, the User will need to provide an email address (the “User Email”). The User Email will be used to email the User a notice of the creation of User’s account on the Blockchain Semantics token platform service where the purchased ARTH shall be delivered. By purchasing ARTH and to the extent permitted by applicable law, the User agrees not to hold any members of the Blockchain Semantics liable for any losses or any special, 4 incidental, or consequential damages arising out of or in any way connected to, User’s failure to access their account. 1.11. Process of purchase of ARTH.
ARTH will be created and delivered to the User through the following process: (i) The User registers on the website BlockchainSemantics.com, providing all necessary information and agrees to the Terms; (ii) The User places a purchase order of ARTH and pays the corresponding sum in ETH; (iii) Within 48 hours after the end of the purchase of ARTH, the purchased amount of ARTH will be issued to the User on the webpage BlockchainSemantics.com/challenges.
All purchases of ARTH are final and non-refundable. By purchasing ARTH the User acknowledges that he/she has no right to request a refund for any reason, and that the User will not receive money or other compensation for any ARTH that remains unused. 1.13. Fraudulent Attempts to Double Spend ETH.
Blockchain Semantics will monitor all potential transactions for fraudulent attempts to double spend ETH. Any detected double spend of ETH will result in no ARTH being delivered to the associated User. 1.14. Rejected Transactions.
Blockchain Semantics shall maintain the right to reject any transaction of purchase of ARTH in case the User has not complied with the Terms or has not transferred necessary funds in ETH to purchase requested amount of ARTH within 24 hours after placing an order to purchase ARTH. In case of rejection of a transaction, Blockchain Semantics shall have the right to freely sell ARTH created for such transactions to other Users.
The User understands and accepts that for the purpose of the development and execution of the Blockchain Semantics Project, Blockchain Semantics receives the full amount of ETH transferred during the purchase. This amount covers expenses, charges and other costs that may arise by Blockchain Semantics and/or its subcontractors as part of the development and execution of the Blockchain Semantics Project. It remains at Blockchain Semantics’s sole discretion to decide how to allocate the funds in order to develop and execute the Blockchain Semantics Project. Blockchain Semantics has the right to engage subcontractors to perform the entire or partial development and execution of the Blockchain Semantics Project.
The User understands and accepts that the User may not have any expectation of influence over governance on the Blockchain Semantics Project.
The User understands and accepts that the Blockchain Semantics Project will need to go through substantial development works as part of which it may become subject of significant conceptual, technical and commercial changes before release. 3. Blockchain Semantics Token Platform
The Blockchain Semantics Token Platform as well as the smart contract has been programmed according to the current state of the art. However, the User understands and accepts that smart contract technology is still in an early development stage and its application is of experimental nature, which carries significant operational, technological, financial, regulatory and reputational risks. 4. Risks
The purchase of ARTH carries with it significant risk. Prior to purchasing ARTH, the User should carefully consider the below risks and, to the extent necessary, consult a lawyer, accountant, and/or tax professionals prior to determining whether to purchase ARTH. In particular, but not concluding, the User understands the inherent risks listed hereinafter:
Risk of software weaknesses: The User understands and accepts that smart contract system concept; the underlying software application and software platform (i.e. the Ethereum blockchain) is still in an early development stage and unproven. Thus there is no warranty that the process of creating and distributing ARTH will be uninterrupted or error-free and there is an inherent risk that the software could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of ETH and/or ARTH.
Regulatory risk: The User understands and accepts that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on or introduce new regulations addressing blockchain technology based applications, which may be contrary to the current setup of the smart contract system and Blockchain Semantics Platform. This may, inter alia, result in substantial modifications of the smart contract system and/or the Blockchain Semantics Project, including its termination and the loss of ARTH for the User.
Risk of abandonment / lack of success: The User understands and accepts that the creation of the ARTH and the development of the Blockchain Semantics Project may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The User therefore understands that there is no assurance that, even if the Blockchain Semantics Project is partially or fully developed and launched, the User will receive any benefits through the ARTH held by him/her.
Risk associated with other applications: The User understands and accepts that the Blockchain Semantics Project may give rise to other alternative projects, promoted by unaffiliated third parties, under which ARTH will have no intrinsic value.
Risk of loss of private key: ARTH can only be accessed by using an ERC-20 wallet with a combination of User’s account information (address), private key and password. The private key is encrypted with a password. The User understands and accepts that if his/her private key file or password respectively got lost or stolen, the obtained ARTH associated with the User's account (address) or password will be unrecoverable and will be permanently lost.
Risk of theft: The User understands and accepts that the smart contract system concept, the underlying software application and software platform (i.e. the Ethereum blockchain) may be exposed to attacks by hackers or other individuals that could result in theft or loss of ARTH, ETH, impacting the ability to develop the Blockchain Semantics Project.
Risk of Ethereum mining attacks: The User understands and accepts that, as with other cryptocurrencies, the blockchain used for the smart contract system is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, 6 “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the smart contract system, expected proper execution and sequencing of Blockchain Semantics transactions, and expected proper execution and sequencing of contract computations.
Risk of incompatible Wallet service: The User understands and accepts, that the wallet or wallet service provider used for purchasing ARTH, has to be technically compatible with the ARTH. Failure to assure this may have the result that User will not gain access to his/her ARTH.
Risks related to Amendments: Amendments to the Blockchain Semantics Platform’s protocols and software, if accepted and authorised by the Blockchain Semantics Platform’s community, could adversely affect Arths. To the extent that a significant majority of the users on the Blockchain Semantics Platform install software upgrade(s), the Blockchain Semantics Platform would be subject to new protocols and software that may adversely affect Arths. If more than a significant majority of the users on the Blockchain Semantics Platform install such software upgrade(s), the Blockchain Semantics Platform could “fork.” A failure to properly monitor and upgrade the protocol could damage the Blockchain Semantics Platform and ARTH.
Risks related to intellectual property rights claims: Intellectual property rights claims may adversely affect the operation of the Blockchain Semantics Platform. Third parties may assert intellectual property claims relating to the holding and transfer of digital assets and their source code. Regardless of the merit of any intellectual property or other legal action, any threatened action that reduces confidence in the Blockchain Semantics Platform’s long-term viability or the ability of end-users to hold and transfer ARTH may adversely affect the value of ARTH. Additionally, a meritorious intellectual property claim could prevent Blockchain Semantics and other end-users from accessing the Blockchain Semantics Platform or holding or transferring their ARTH. 5. No Liability.
The User bears the sole responsibility to determine if the purchase, ownership or use of ARTH, the potential appreciation or depreciation in the value of ARTH over time (if any), the allocation of ARTH and/or any other action or transaction related to the Blockchain Semantics Project have tax implications for him/her. In case of any tax obligations, the User shall be under obligation to pay all and any applicable tax. By purchasing, holding or using ARTH the User agrees not to hold any third party (including developers, auditors, contractors or founders of Blockchain Semantics) liable for any tax liability associated with or arising from the creation, ownership or use of ARTH or any other action or transaction related to the Blockchain Semantics Project.
The User acknowledges and agrees that, to the fullest extent permitted by any applicable law, the User will not hold any developers, advisors, auditors contractors or founders of Blockchain Semantics liable for any damages or injury whatsoever caused by or related to the use of or the inability to use ARTH or the Blockchain Semantics Platform under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that developers, auditors, advisors, contractors or founders of Blockchain Semantics Project shall not be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or the inability to use of the Blockchain Semantics Platform and/or ARTH.
The User further specifically acknowledges that developers, advisors, auditors, contractors or founders of the Blockchain Semantics Project are not liable, and the User agrees not to seek to hold them liable, for the conduct of third parties, including other creators of ARTH, and that the risk of purchasing, holding and using ARTH rests entirely with the User.
By purchasing, holding or using ARTH, and to the extent permitted by law, the User agrees not to hold any third party (including developers, auditors, advisors, contractors or founders) 7 liable for any regulatory implications or liability associated with or arising from the purchase, ownership or use of ARTH or any other action or transaction related to the Blockchain Semantics Project. 6. Privacy
Although Blockchain Semantics requires Users to provide an email address and other information, Blockchain Semantics will not publish any identifying information related Users without the prior written consent of the User unless required to do so under applicable law. Blockchain Semantics may request Users from time to time to provide additional information. The User undertakes to provide such information. Users may be contacted via email by Blockchain Semantics regarding purchase or delivery of ARTH and the use of the Blockchain Semantics Platform. 7. Disclaimer of Warranties.
THE USER EXPRESSLY AGREES THAT THE USER IS PURCHASING ARTH AT THE USER’S SOLE RISK AND THAT ARTH IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE BLOCKCHAIN SEMANTICS PARTIES WARRANT THAT THE PROCESS OF PURCHASING ARTH WILL BE UNINTERRUPTED OR ERROR-FREE. 8. Limitations Waiver of Liability.
THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF OR INABILITY TO USE ARTH OR THE BLOCKCHAIN SEMANTICS PLATFORM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE BLOCKCHAIN SEMANTICS PARTIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, ARTH. THE USER FURTHER SPECIFICALLY ACKNOWLEDGES THAT BLOCKCHAIN SEMANTICS PARTIES ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF ARTH, AND THAT THE RISK OF PURCHASING AND USING ARTH RESTS ENTIRELY WITH THE USER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE BLOCKCHAIN SEMANTICS PARTIES BE LIABLE TO ANY USER FOR MORE THAN THE AMOUNT THE USER HAVE PAID TO BLOCKCHAIN SEMANTICS FOR THE PURCHASE OF ARTH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A USER. 9. Dispute Resolution.
Blockchain Semantics and the User agree to make good faith efforts to resolve any dispute, controversy or claim arising between them relating to the purchase and their respective rights and obligations hereunder arising under these Terms.
Terms are governed by the laws of the Republic of India.
Blockchain Semantics is not liable for failure to perform caused by: (i) unavoidable casualty, (ii) delays in delivery of materials, (iii) embargoes, (iv) government orders, (v) acts of civil or military authorities, (vi) acts by common carriers, (vii) emergency conditions (including weather conditions), or (viii) any similar unforeseen event that renders performance commercially implausible.
If an event of force majeure occurs, the party injured by the other’s inability to perform may elect to suspend the Agreement, in whole or in part, for the duration of the force majeure circumstances. The party experiencing force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party. 11. Complete Agreement
These Terms set forth the entire understanding between each User and Blockchain Semantics with respect to the sale and use of ARTH.
The User and Blockchain Semantics agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. 13. No Waiver
The failure of Blockchain Semantics to require or enforce strict performance by the User of any provision of these Terms or Blockchain Semantics’s failure to exercise any right under these agreements shall not be construed as a waiver or relinquishment of Blockchain Semantics's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Blockchain Semantics of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by Blockchain Semantics shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by the User and a duly appointed officer, employee, or agent of Blockchain Semantics. 14. Updates to the Terms
Any User will be deemed to have accepted any changes mentioned above by purchasing ARTH. The Terms may not be otherwise amended except in a signed writing executed by both the User and Blockchain Semantics. For purposes of this agreement, "writing" does not include an e-mail message. If at any point the User does not agree to any portion of the then-current version of the Terms, the User should not purchase ARTH. 15. Cooperation with Legal Authorities
Blockchain Semantics will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions. In accord with one of the core principles of the Blockchain Semantics project — transparency — Blockchain Semantics will endeavor to publish any legal enquiries upon receipt.