ILCoin Blockchain Project
Version 1.0, 5th of May 2020
a. "Agreement" means the online agreement the Users has entered into with the ILCoin Blockchain Project for the User’s use of any Services.
b. "Bitcoin" means the cryptocurrency known as Bitcoin, including but not limited to, any of its derivative forks, either collectively or individually.
c. "ILCoin” or “ILC" means the cryptocurrency known as ILCoin, including but not limited to, any of its derivative forks, either collectively or individually.
d. The "ILCoin Blockchain Project" or "ILCoin Crypto" or the “ILCoin Development Team” or any derivative of “ILCoin company” means the anonymous company of developers, marketers and other directly affiliated professionals who are directly listed as core members and any and all products directly developed solely by this aforementioned core team.
e. "Confidential Information" means information regarding the ILCoin Blockchain Project's products or services, including but not limited to the Services, documentation, software, trade secrets embodied therein and any other written or electronic information that is either (i) marked as confidential and/or proprietary, or which is accompanied by written notice that such information is confidential and/or proprietary, or (ii) not marked or accompanied by notice that it is confidential and/or proprietary but which, if disclosed to any third party, could reasonably and foreseeably cause competitive harm to the owner of such information. Confidential Information shall not include information which, as demonstrated by the receiving party, is: (i) publicly available, (ii) lawfully obtained by a party from third parties without restrictions on disclosure, or (iii) independently developed by a party without reference to or use of Confidential Information.
f. "Force Majeure" means any event or circumstance, or any combination of events or circumstances, which are not attributable to the ILCoin Blockchain Project, including but not limited to malfunctions of the internet or other telecommunications facilities, failures by (third) parties on which the ILCoin Blockchain Project depends when providing the Services, the defective condition of items, equipment, software, Personal Data, or other materials which You have instructed the ILCoin Blockchain Project to use and/or the non-availability of one or more members of staff (due to illness, strikes or otherwise).
g. "Intellectual Property Rights": any and all, rights, titles and interests associated with any copyrights, works, inventions, patents, utility models, trademarks, trademark registrations, trade names, trade secrets, know-how, technology, discoveries, improvements, processes, techniques, software, code, data (including all associated inchoate rights), whether or not patentable, and any ancillary, corresponding, continuation derivative work, improvement, modification, update, upgrade or enhancement of any of the foregoing.
h. "Personal Data" means any information relating to an identified or identifiable natural person, whether acting as a consumer or otherwise.
i. "Services" means the services provided by the ILCoin Blockchain Project which allows a User to create and use a Wallet, use the Website, mobile applications, developer APIs or other related services provided by the ILCoin Blockchain Project from time to time. Services are made available world-wide unless otherwise indicated. However, it is by determination of geo blocking techniques emplaced through regional governments local to the User which will or disallow access to the aforementioned Services.
j. "Term" means the duration of your Agreement, commencing on the date on which you have accepted an offer from the ILCoin Blockchain Project and in force until expiration or termination of the Agreement for the Services.
k. "User" means either a natural person or group of two or more people, a business or group of two or more businesses, an artificial intelligence, an android, cyborg or other biomechanically enhanced individual or collection of individual user/s who is either or both (i) the user of a Wallet, or (ii) any other user of Services – depending on the relevant Services rendered.
l. "Wallet" means the ILCoin Blockchain Project's client software – a digital ILCoin (or ILCoin/Bitcoin) 'wallet' including but not limited to the desktop QT, iOS, Android and web-based versions thereof, and all materials related to such applications owned and developed by the ILCoin Blockchain Project and accessible by a User, in connection with the Services.
m. "Website" means the website ilcoincrypto.com and any other websites, including sub-domains, owned or operated by the ILCoin Blockchain Project from time to time.
Provision, Access and Use of the Services
1.1. Depending on the exact Services covered by the Agreement, the User may be required to register and successfully create an account. As part of the registration process, the User may be required to provide Personal Data (such as identification, contact details, etc.). The User acknowledges and agrees that any information submitted, including any Personal Data, will always be accurate, correct, and up-to-date. The User also concedes they:
a. are at least 18 years old or of other legal age, according to the User’s relevant jurisdiction;
b. have sufficient experience, knowledge and understanding of the work principles of our Wallet, fully understand the associated risks access and use the Wallet at the User’s own risk, use our Wallet with the User’s own e-mail and for their own benefit and do not act on behalf and/or to the interest of any other person;
c. have full power and authority to enter into this legal relationship and by doing so will not violate any other legal relationships;
d. guarantee that the User’s crypto assets, which they transfer to the Wallet are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets. For the purposes hereof “Crypto assets” shall mean such type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange to the full and absolute exempt of the securities of any kind;
e. will not use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit the User at any time from doing so;
f. will not use our Services or will immediately cease using those if the User is a resident or become a resident at any time of the state or region (in accordance with such state or region definition of residency), where the crypto assets transactions the User is going to execute are prohibited or require special approval, permit and/or authorization of any kind, which the User has not obtained in this state or region; AND
g. have not previously been suspended or removed from our Services.
1.2. If the User fails to provide the required information in accordance with Section 1.1, it is possible that the performance of any Services will be delayed.
1.3. Until the User informs us otherwise, the ILCoin Blockchain Project will consider the information and any Personal Data the User has provided to be accurate, correct, and up-to-date.
1.4. The User must use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations.
1.5. The ILCoin Blockchain Project reserves the right, at its discretion, to permanently or temporarily suspend the User’s access to and use of (any of) the Services, without due notice, and for any reason, including but not limited to:
a. during planned or unplanned downtime for upgrades and maintenance to the Services;
b. in case of occurrence of a Force Majeure event;
c. if the ILCoin Blockchain Project suspects or detects any malicious code, software or a security issue, connected to the User’s Wallet or the User’s use of the Services;
c. if the User breaches the Agreement and such breach is not cured: within five (5) business days commencing on the date of a written notice of default;
d. if the User breached the Agreement and such breach is not capable of being cured: with immediate effect.
1.6. The Services and availability thereof are subject to change at any time.
User Obligations while Interacting with Services
2.1. The User is responsible for maintaining the confidentiality of any login information associated with any account the User uses to access the Services, and any Wallet backups, and any two-factor authentication (hereinafter 2FA) credentials. The User is responsible for all activities that occur under the account(s) associated with the User’s Agreement.
2.2. The User is not allowed to access (or attempt to access) the Services by any means other than through the means we provide or have indicated to be used. The User specifically agrees not to access (or attempt to access) any Services via any illegal and unlawful means, or use any Services in an illegal or unlawful manner, or use any Services to support purposes that are illegal or unlawful (such as terrorism, fraud or other criminal activity).
2.3. The User shall not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services or Wallet are located or connected. Such activity is strictly prohibited.
ILCoin Purchases through Services
3.1. In certain territories, the User may have the option to purchase ILCoin through Services provided by the ILCoin Blockchain Project. The User acknowledges that they (i) will buy the ILCoin from the relevant third-party seller displayed within the Service and (ii) may be required to register with the relevant seller's services before being able to make the purchase. The ILCoin Blockchain Project does not itself sell ILCoin at this time, nor does the ILCoin Blockchain Project provide any (crypto)currency exchange services at this time.
3.2. In the event of an ILCoin purchase as referred to in Section 3.1, the relevant seller's terms and conditions will apply. Please familiarise yourself with the seller's applicable terms and conditions before making any purchase of ILCoin.
3.3. The ILCoin Blockchain Project cannot be held liable for any fault, omission or breach of contract of a third-party seller.
4.2. The User acknowledges that the ILCoin Blockchain Project and its relevant supplier(s) own all right, title and interest in and to the Services, the Wallet, and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by international intellectual property laws.
4.3. The User may not: (i) copy, reproduce, alter, modify, or create derivative works from the Services; (ii) license, sublicense, sell, resell, rent, lease, distribute, transfer, time share, assign or resell the Wallet and/or Services (or any part thereof), or use the Wallet and/or Services as the basis for developing a competitive solution (or contract with a third party to do so); or (iii) remove or alter any of the logos, trademarks, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Services.
4.4. The User will not nor will the User authorize or encourage any third party to: (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by the ILCoin Blockchain Project; (ii) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services; (iii) use or attempt to use another User's Wallet without the necessary authorisation(s).
Wallet Security and Recovery
5.1. The ILCoin Blockchain Project makes efforts to maintain security with regard to its Services.
5.2. The ILCoin Blockchain Project reserves the right to enable and disable any 2FA which may be applied to your Wallet or accounts in other Services.
5.3. By using the Wallet, the User agrees to securely store and keep the Wallet recovery backup information received when the User creates their Wallet. The User also agrees that stated information is the sole responsibility of the User and not the responsibility of the ILCoin Blockchain Project.
5.4. The User agrees and understands that the Wallet recovery backup information contains the full credentials which enable full access to any funds stored on the Wallet. Loss of the Wallet recovery backup sheet may result in inability to access the User’s Wallet and permanent loss of its contents, including ILCoin and/or Bitcoin.
Intellectual Property Rights
6.1. All content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos, are the intellectual property of the ILCoin Blockchain Project, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by the ILCoin Blockchain Project in PDF file form and signed by the appropriate representatives.
6.2. The User acknowledges that the ILCoin Blockchain Project owns all right, title and interest in and to the Wallet, the Services and/or any other deliverables and any modifications and enhancements thereof, including without limitation all Intellectual Property Rights, and such rights are protected by amongst others U.S., European and international intellectual property laws.
6.3. The ILCoin Blockchain Project grants the User a non-exclusive, perpetual and non-transferable right to use the Services, solely for the User’s internal business operations (and not to resell or otherwise distribute), unless specified otherwise in the applicable Agreement.
7.1. The ILCoin Blockchain Project shall process Personal Data it obtains as part of the performance of this Agreement in accordance with the applicable data protection and privacy laws.
8.1. The ILCoin Blockchain Project may provide various open communication tools on its website(s), such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media Services, etc.
8.2. The User understands that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if the User chooses to use these tools to submit any type of content to our website, then it is the User’s personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, the User agrees that they will not upload, post, share, or otherwise distribute any content that:
a. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language or graphic;
b. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
c. contains any type of unauthorized or unsolicited advertising;
d. impersonates any person or entity, including any ILCoin Blockchain Project employees or representatives.
8.4. The ILCoin Blockchain Project does not assume any liability for any third-party content.
8.5. With respect to any content the User posts or communicates, the User grants the ILCoin Blockchain Project and its affiliates a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use the Services.
Limitation of Liability
9.1. The User acknowledges that some of the Services, as an internet-delivered software application, may experience periods of downtime, including but not limited to scheduled maintenance. The ILCoin Blockchain Project makes no representations or warranties, whether express, implied or statutory, with respect to the Services provided hereunder, including the Wallet and any documentation, content, data and materials made available with the Services. The ILCoin Blockchain Project specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringements, and accuracy. The ILCoin Blockchain Project does not warrant that the Services will be error-free or operate without interruptions or downtime, or that the results obtained from the Services will meet the User’s needs or standards. The User further understands and agrees that the Services are provided ‘as is’ and ‘as available’. This means the ILCoin Blockchain Project does not represent or warrant to the User that information will be accurate or reliable, nor that any defects in the operation or functionality will be repaired or corrected.
9.2. Any content the User downloads from our Services is done so at the User’s own discretion.
9.3. No information or advise, whether expressed implied, oral or written, obtained by the User from the ILCoin Blockchain Project, or through any Services we provide, shall create any warranty, guarantee, or condition of any kind, except for those expressly outlined in this User Agreement.
9.4. To the fullest extent permitted by applicable law, the ILCoin Blockchain Project will not be liable for any use of (part of) the Services and/or related deliverables, and will not be liable for any damage including any incidental, consequential, special, loss of funds including ILCoin and/or Bitcoin, and indirect damage in connection with any claim of any nature arising under the Agreement.
9.5. In any case, the ILCoin Blockchain Project's aggregate liability for all claims of any nature arising out of the Agreement will not exceed the monthly amount of fees paid to the ILCoin Blockchain Project in the month of occurrence of the event giving rise to the claim per event, a series of events being considered as one single event. This limitation of liability shall not apply to damages arising from willful intent or gross negligence from the side of the ILCoin Blockchain Project (intent or deliberate recklessness).
9.6. The User agrees to hold harmless and indemnify the ILCoin Blockchain Project, and its affiliates, management, officers, agents, subcontractors and employees from and against any third-party claim arising from or in any way related to the User’s, including the User’s affiliates, management, officers, agents, subcontractors and employees, and or other person's use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
10.1 The ILCoin Blockchain Project shall not be liable for any non-performance of its obligations pursuant to the Agreement, if such non-performance is caused by a Force Majeure event. In case of a Force Majeure event, the ILCoin Blockchain Project has the right to suspend the execution or further execution of the Services.
11.1 The User will keep Confidential Information strictly confidential. The User shall not in any way disclose to anyone any Confidential Information.
12.1. The rights and obligations of a party under the Agreement cannot be assigned or transferred.
12.2. Unless provided otherwise in the Agreement, the parties shall each pay their own costs, charges and expenses in relation to the Agreement. The Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, undertakings or statements regarding such subject matter.
12.4. If a provision of the Agreement is or becomes invalid or non-binding, the parties shall remain bound to the remaining provisions. In that event, the parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of the Agreement.
Governing Law and Jurisdiction
13.1. The Agreement is governed by and shall be construed in accordance with the laws of the governing body of the ILCoin Blockchain Project’s choosing.
13.2. Any dispute arising out of or in connection with this Agreement shall be submitted exclusively to the competent court jurisdiction chosen by the ILCoin Blockchain Project, notwithstanding the right of appeal.
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