CHAINBOOK

 

TERMS AND CONDITIONS OF SERVICE

These TERMS AND CONDITIONS OF SERVICE (these “Terms and Conditions”) define the terms of the services that Chainbook (“we;” “us;” “our;” the “Company;”) provides to our users (“you”) and our rights and responsibilities to each other. By using Chainbook.com, any of its related or affiliated domains, webpages, or sub-domains, or any other website that we own or operate (collectively, the “Website”), you agree to these Terms and Conditions. Your acceptance of these Terms and Conditions is a continuing acceptance, meaning that each time you access the Website, you accept the then-current version of these Terms and Conditions, which were last updated October 13, 2019.

We provide a platform by which users can share content including text, video, images, links, and other content (such content altogether, “Content”) with other users. The Website is a platform service, meaning that all or virtually all Content visible on the Website is created by our users and not by us. We therefore intend to set reasonable standards for Content to ensure a safe, enjoyable experience for all users.

Content Guidelines

We do not require that Content conform to any specific subject matter. While the Website is intended to be a dedicated hub of conversation, commerce, and interaction between users, developers, afficianados, and compliance personnel in the blockchain technology space, we only require that Content follow certain fundamental guidelines of safety, decency, and respect. We may elect to remove Content that we deem violates these fundamental guidelines. Users whose violation of these fundamental guidelines is gratuitous, frequent, or intentional may be subject to account deletion or other measures we determine are necessary to protect the Website and other users. The Company determines the right to determine the appropriate penalties for any user’s violation of any of these content guidelines or other provision(s) of these Terms of Service, with or without warning.

Content may not advocate any criminal act or civil wrongdoing, or that advocate violence or make threats of violence. Any such Content will be removed. Subject to the terms and conditions of our Privacy Policy, we reserve the right to notify the appropriate authorities if we determine that Content makes a credible threat of violence or otherwise makes it necessary to notify such authorities.

Content that is defamatory, or that contains or encourages fraud, is subject to removal.

Promotional Content, including Content that promotes your own products and services, is generally permitted. Products or services that are dangerous or illegal in your jurisdiction are subject to removal. You may not post any Content soliciting or purporting to solicit any investment or opportunity for investment, including initial coin offerings (“ICOs”) and the like that are not made in a fashion consistent with the securities laws of the United States and your jurisdiction. We do not assume any responsibility for, nor share or endorse the representations of, ICOs or their issuers. We are not liable for any representations or misrepresentations made by ICOs or their issuers, or any other user or person. By engaging with any Content related to ICOs or other investments or investment opportunities, you assume the entire risk of engaging with that Content or making such an investment. Your involvement with ICOs and other investments or investment opportunities is at your own risk.

The Company reserves the right to notify any third party of any Content posted to the Website, even if that third party did not originate the Content, which refers to, defames, solicits investment for or by, threatens, harms, or otherwise involves such a third party in a manner the Company deems to warrant such notification. In the event that we make such a notification, we may not provide you with notice beforehand.

You may not post Content that is pornographic in nature.

Content that is otherwise harmful or disruptive may be removed. Whenever we remove Content, we may not provide you with notice prior to such removal. Your account may be subject to termination in the event that any Content you post violates any of these content guidelines.

You may not post Content that violates any copyright or trademark, or otherwise infringes upon the intellectual property rights of any person. Such content is subject to removal without notice. If you will feel that any Content violates your copyright or trademark, or if you otherwise wish to notify us of infringement by a user as defined under the Digital Millennium Copyright Act or otherwise, please notify us via email at [email protected].

We are not responsible for Content

The Website is a platform, meaning that all or virtually all Content is created by third parties, including you and other users. We do not endorse any Content. No Content represents the views of the Company. Our failure or refusal to remove Content, whether or not in violation of our content guidelines, does not constitute an endorsement or approval of such Content. We do not recommend any ICOs or other investments or

investment opportunities. All Content is provided without any representations or warranties of any kind; the Company does not verify or authenticate any statements made in any Content, nor does the Company verify that any Content is the authentic, original intellectual property of the user who posts it.

THESE TERMS AND CONDITIONS CONTAIN AN EXPRESS WARRANTY DISCLAIMER. DOWNLOADING, INSTALLING, USING, REMOVING, OR DELETING CONTENT SHALL BE SOLELY AT THE RISK OF THE END USER. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, ANY APPLICABLE WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. YOU EXPRESSLY INDEMNIFY AND HOLD HARMLESS CHAINBOOK FOR ANY DAMAGES ARISING FROM YOUR USE, DOWNLOADING, INSTALLATION, UNINSTALLATION, OR ANY OTHER USE OF CONTENT OR THE WEBSITE, INCLUDING TO THE MAXIMUM EXTENT PERMISSIBLE UNDER ANY APPLICABLE LOCAL LAW ACTUAL DAMAGES, MULTIPLICATIVE DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES. THERE ARE NO LIQUIDATED DAMAGES UNDER THESE TERMS AND CONDITIONS.

The permissions you give us

By posting any Content, you represent and warrant that you are entitled to post such Content free of any valid intellectual property claim by any other person. You own any Content that you post. You grant us the right to use or distribute such Content, including by posting that Content to your own profile and the Chainbook feeds of other users, to our Most Popular feed, to any of our subscribers or our other social media channels, or to otherwise use the Content at our discretion. We do not own any of your Content even if we post or re-post it to other platforms.

Specifically, when you share, post, or upload Content that is covered by intellectual property rights you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content (consistent with your privacy and application settings). This means, for example, that if you share an image to Chainbook, you give us your permission to store, copy, and share it with other users or other third parties such as service providers that support the Website. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account. You may learn more about how to delete your account through your account settings.

You give us permission to use, store, and disseminate information related to your use of the Website, your interactions with any Content, your interactions with any

advertisements or promotional content, or in connection with Content, advertisements, and promotional content, without any compensation to you. This includes your interactions with any Group page or other page with multiple users, and includes your interactions with third parties such as other users.

Your remedies

We may remove content or terminate accounts at our sole discretion. In the event of Content removal or account termination, we may provide you with opportunities for review or appeal of that decision. If we provide any such opportunities, we will explain them to you at the time of such removal or termination unless we deem, in our sole discretion, that such opportunity or notification of such opportunity may cause harm to us, to other users, to the Chainbook community, would be in violation of a valid subpoena, “gag order,” or other valid governmental order, would expose us or any person to harm or liability, or if we are prevented from doing so for technical or legal reasons. These Terms and Conditions and our Privacy Policy continue to bind all users even if we terminate your account or remove any Content.

For any claim, cause of action, or other or other dispute you have against us, you agree that such claim, cause of action, or dispute will be resolved exclusively in the American Arbitration Association office geographically nearest to the Company’s headquarters at the time such claim, cause of action, or other dispute arises. You agree to waive all other rights and remedies, and to submit all such claims, causes of action, or disputes first to us for pre-litigation resolution and then to the American Arbitration Association office geographically nearest to the Company’s headquarters at the time of such a claim.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and the Company. There are no other agreements, oral or otherwise, governing the legal relationship between you and the Company.

Severability

If any portion of these Terms and Conditions is found to be unenforceable, these Terms and Conditions will be deemed reformed to the least edited degree necessary for the remaining portion(s) to remain in full force and effect. If we fail to enforce any of these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

No Transfer or Assignment

You will not transfer any of your rights or obligations under these Terms and Conditions to anyone else without our consent.

Designated Account Transfers

You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.

No Third-Party Beneficiaries

These Terms and Conditions do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

We reserve all rights not expressly granted to you.