Terms & Conditions

DAO Maker User Agreement
 

This DAO Maker User Agreement, which includes terms under which DAO Maker provides its services to Users, and our KYC/AML statement (hereinafter referred to as “this Agreement” or “Terms and Conditions”), effective upon the effective date of its publication on the DAO Maker website, sets out the terms and conditions of your use of the Social Mining Platform (the “Platform” or “Social Mining Platform”), an online platform and application fully owned and operated by TGE Alpha Corp, a BVI based corporation registered under number 1990566 and having its registered address at Craigmuir Chambers, Road Town, Tortola VG1110, British Virgin Islands; (the “Company” or the “Distributor” or “DAO Maker”) as well as access and use of any other DAO Maker services provided through the Social Mining Platform (“DAO Maker Services”).

The provisions of this Agreement will govern your use of the Social Mining Platform (as defined below) and of the DAO Maker Services (as defined below), and you should therefore take time to read this Agreement carefully.

The purpose of the Social Mining Platform and DAO Maker Services is to provide Distributed Ledger Technology Projects (individually, “Project” or "Client" and collectively, “Projects” or “Clients”) with a decentralized social mining system for their respective communities, whereby you as a user (“you”, “User” and collectively “Users”) may choose (at your own risk) to actively contribute towards a specific project by providing Created Content (as defined below) and other services.

For any such contributions, Users may be, under certain conditions as specified and defined by each individual Client, remunerated by that client Clients with cryptographic tokens (however, no representations or warranties are given with regard to any such remunerations by DAO Maker).

Should you have any questions or comments regarding the Social Mining Platform or DAO Maker Services, please feel free to contact us at: [email protected]com.


 

  1. GENERAL CONDITIONS OF USE

    1. By signing up to use an Account (as defined below) through any of the DAO Maker Clients’ social mining websites made available through the Social Mining Platform, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the DAO Maker Services and must cancel your DAO Maker Account immediately.

    2. We may amend or modify this Agreement by posting such amended or modified Agreement (“Revised Agreement”) on the Social Mining Platform or by notifying you about the changes via email. By continuing to access or use the DAO Maker Services once the Revised Agreement is effective, you agree to be bound by its terms.

    3. We reserve the right to (a) modify or discontinue any portion of the DAO Maker Services, and (b) suspend or terminate your access to the DAO Maker Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the DAO Maker Services, or suspension or termination of your access to the DAO Maker Services, except to the extent otherwise expressly set forth herein.

    4. To be eligible to use the DAO Maker Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity in each qualifying jurisdiction). By accessing or using the DAO Maker Services you represent and warrant that you are 18 or older.


 

  1. RISKS

    1. Please note the following risks of using DAO Maker Services: The risk of loss in holding any cryptographic tokens can be substantial. You should therefore carefully consider whether holding any cryptographic tokens is suitable for you in light of your financial condition. In considering whether to hold any cryptographic tokens, you should be aware that the price or value of cryptographic tokens can change rapidly, decrease, and potentially even fall to zero. If you use a DAO Maker product which encourages you to hold cryptographic tokens, you acknowledge that DAO Maker is not responsible for any losses resulting from market changes or account misappropriation.

    2. You understand and agree that any cryptographic tokens, blockchain technology / distributed ledger technology related projects are new and relatively untested and outside of both our and our Clients’ exclusive control. Any adverse changes in market forces, the technology and regulatory environment impacting our performance under this Agreement shall absolve us from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavourable regulatory action, or unclear legal/tax status of cryptographic tokens.

    3. You agree and acknowledge that we do not represent or warrant that any DAO Maker Services or Social Mining Platform are secure from a hacker or other malicious attack, which may result in the stealing or the loss of the User confidential information or any other data.


 

  1. BASIC Platform SERVICES and creation of an account

    1. Registration of Account. In order to use any of the Social Mining Platform Services, you must first register by providing your identification information, which shall include name, e-mail address, password, and affirming your acceptance of this Agreement.

    2. Upon successful completion of the registration process, DAO Maker will establish your Account. DAO Maker may, at its sole discretion, refuse to allow you to establish a DAO Maker Account, or limit the number of DAO Maker Accounts that a single User may establish and maintain at any time.

    3. Password Security and Keeping Your Contact Information Current. You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the DAO Maker Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your DAO Maker Account by third-parties and the loss or theft of any cryptocurrency(ies) and/or funds held in your DAO Maker Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your DAO Maker Account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your DAO Maker Account information has been compromised, contact DAO Maker Support immediately at [email protected]


 

  1. Your Social Mining account (“Account”) enables the access to the basic DAO Maker Services, which include:

  1. Access to Avalabs Social Mining Platform;

  2. Possibility to engage with individual Clients (e.g. providing various services and Created Content (as defined below)); Possibility to rate other Users' services and Created Content (in accordance with the rules of each individual Client, if applicable).


 

  1. KYC and AML Compliance

    1. DAO Maker may be obliged to exert control over the participants in the Social Mining Platforms in order to comply with “Know Your Customer” (“KYC”) and “Anti Money Laundering” (“AML”) laws and regulations (together, “KYC/AML regulations”). In association with the relevant authorities and KYC/AML regulations, strict KYC procedures have been established in a cost-efficient way. You will not be able to receive certain payments from Clients unless you complied successfully with established KYC procedures in accordance with our AML Policy.

    2. Documents submitted must be verified prior to opening of DAO Maker Account. Verification of identity will require multi-factor authentication, layered security and other controls to ensure a meaningful User identity confirmation process based on accumulated reward size, among other factors.

  1. The following are examples of verification methods the Company may use: Obtaining proof of address, such as a copy of a utility bill or bank statement from the account holder;

  2. Comparing the identifying information with information available from a trusted third-party source, such as international databases;

  3. Analysing whether there is logical consistency between the identifying information provided, such as the customer’s name, street address, ZIP code, and date of birth (logical verification);

  4. When the type of DAO Maker Account increases the risk that the Company will not be able to verify the true identity of the customer through documents is confirmed the DAO Maker Account will be closed.

  1. Sanctions Compliance. Pursuant to the economic sanctions’ programs administered in the jurisdictions where DAO Maker conducts business, DAO Maker is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that DAO Maker is required to block assets associated with your DAO Maker Account in accordance with a sanctions program, or other similar government sanctions programs, DAO Maker may (i) deactivate or block User activity, (ii) and withhold any outstanding rewards. DAO Maker is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order. Accessing DAO Maker Services and Social Mining Platform (including any engagement with Clients through the Social Mining Platform) is subject to compliance with economic sanctions imposed by applicable jurisdictions. Using DAO Maker Services and accessing Social Mining Platform, you represent and warrant that your use of any our services complies with those requirements. Without limiting the foregoing, you may not acquire any cryptographic tokens or use any of the DAO Maker Services through the Social Mining Platform if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired cryptocurrency(ies) or DAO Maker Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.


 

  1. General Use, Prohibited Use, and Termination

    1. Limited License. We hereby grant you a limited, nonexclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Social Mining Platform solely for informational, transactional, or other approved purposes as permitted by DAO Maker from time to time. Any other use of the Social Mining Platform is expressly prohibited. All other rights in the Social Mining Platform are reserved by us. We reserve all rights in the Social Mining Platform and you agree that this Agreement does not grant you any rights in or licenses to the Social Mining Platform, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the content available on the Social Mining Platform or any other part of the Social Mining Platform or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Social Mining Platform (or any portion thereof) as part of any other website or any other work of authorship without prior written permission. If you violate any portion of this Agreement, your permission to access and use the DAO Maker Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation.

    2. Website Accuracy. Although we intend to provide accurate and timely information on the Social Mining Platform, the Social Mining Platform (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Social Mining Platform are your sole responsibility and we shall have no liability for such decisions.

    3. Third-Party Materials. From time to time, the Social Mining Platform may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Social Mining Platform, including without limitation content, property, goods or services available on the linked sites or services.

    4. Third-Party Applications. If, to the extent permitted by DAO Maker from time to time, you grant express permission to a third party to access or connect to your DAO Maker Account, either through the third party’s product or service or through the Social Mining Platform, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party using your DAO Maker Account credentials. Further, you acknowledge and agree that you will not hold DAO Maker responsible for, and will indemnify DAO Maker from, any liability arising out of or related to any act or omission of any third party using your DAO Maker Account credentials. You may change or remove permissions granted by you to third parties with respect to your DAO Maker Account at any time through the Account Settings (Integrations) page on the Social Mining Platform.

    5. Fiduciary Accounts/Custodial Assets. You hereby certify to us that any funds used by you in connection with the DAO Maker Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that DAO Maker is not be a qualified custodian under applicable law.

    6. Prohibited Use. In connection with your use of the DAO Maker Services, and your interactions with other Users, and third parties you agree and represent you will not engage in any illegal, unauthorized, or improper activity. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We reserve the right to cancel and/or suspend your DAO Maker Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use and/or a Prohibited Business.

    7. Suspension, Termination and Cancellation. DAO Maker may, at its sole discretion and without any prior notification, (a) suspend, restrict, or terminate your access to any or all of the DAO Maker Services and/or Social Mining Platform, and/or (b) deactivate or cancel your DAO Maker Account if:

  1. We are so required by an enforceable subpoena, court order, or binding order of the court or government authority; or

  2. We reasonably suspect you of using your DAO Maker Account in connection with illegal, unauthorized, or improper activity; or

  3. Use of your DAO Maker Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or

  4. Our Service Partners (as defined below) are unable to support your use; or

  5. We are required to do so in order to comply with KYC/AML laws and regulations; or

  6. You violate the terms of this Agreement (in particular, but not limited to, providing correct and accurate identification information for KYC/AML purposes, or violating any user warranties given under this Agreement);

  7. You take any action that DAO Maker deems as circumventing DAO Maker’s controls, including, but not limited to, opening multiple DAO Maker Accounts or abusing promotions which DAO Maker may offer from time to time.

  8. In the event that a technical problem causes system outage or Account errors, DAO Maker may temporarily suspend access to your Account until the problem is resolved.


 

  1. Our Relationship with You

    1. You acknowledge and agree that DAO Maker merely operates the Social Mining Platform and provides DAO Maker Services of intermediary nature which are necessary to enable Users to join a Client's respective community and get engaged with a particular Client (e.g., by providing Created Content and performing any other user services that actively contribute to a Client's respective project). DAO Maker, however, shall not actively introduce Users to Clients, find projects for Users, or find Users for Clients.

    2. Through the Platform and Platform Services, Users may be notified of services offered by the Client, and the Client may be notified of what skills are being offered; at all times, however, Users are responsible for evaluating and determining the suitability of any offered services or tasks on their own.

    3. Should a User decide to accept completing a task and/or providing a requested service, legal relationship in the form of applicable services agreement shall be established directly between the User and the Client (“Services Agreement”). DAO Maker is not a party to any such User – Client Services Agreement or any other direct transactions or dealings between Users and Clients (or between Users themselves) and shall not assume any responsibilities or liabilities whatsoever in this regard. You acknowledge and agree that any such Services Agreement your individual engagement with particular Client might be subject to specific terms and conditions as set out by that Client.

    4. In particular, DAO Maker shall not be responsible for provision of any Created Content or other services by Users to the Clients or for any remuneration or other payments made to Users by Clients for the provided User services and/or Created Content (which shall be exclusive liability of both parties to the respective Services Agreement).

    5. You acknowledge, agree, and understand that DAO Maker acts only as an intermediary (providing intermediary services between Users and Clients through the Social Mining Platform) and is not a party to the relationship or any dealings between the Client(s) and the User(s).

    6. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any Created Content, (b) determining the suitability of other Users for a Service (through the community voting mechanism), or (c) providing any other services to the Clients.

    7. You (the User) further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Agreement with the Client. You acknowledge, agree, and understand that DAO Maker does not, in any way, supervise, direct, control, or evaluate a User's work and/or any provided services and is not responsible for any Client project, work product or other Created Content.

    8. As per Clause 4 of this agreement, DAO Maker performs KYC/AML checks on Users eligible for participation (including receiving payments from Clients) within the Platform.

    9. You acknowledge, agree, and understand that DAO Maker will transfer any collected KYC/AML data to the Client, and that the Client has the independent right to terminate your participation in the community of that Client, including termination of the possibility to provide Created Content and/or any other services to Clients, and possibility to receive payments from the Clients, all based on the results of the KYC/AML checks.

    10. You further acknowledge, agree, and understand that:

    1. you are not an employee of DAO Maker or any of the Clients, and you are not eligible for any of the rights or benefits of employment relationship (including, but not limited to any unemployment and/or workers compensation insurance);

    2. DAO Maker assumes no liability or obligations under or related to User services provided to Clients, any Created Content or any acts or omissions by you or by any, any other User, or any of the Clients;

    3. DAO Maker does not, in any way, supervise, direct, or control any User or services Users may provide to the Clients (including, but not limited, to any Created Content, such as defined below); does not impose any quality standards or deadlines for completion of any such services and/or provision of any Created Content; and does not dictate the performance, methods or process Users take to perform services and/or provide Created Content;

    4. Users are free to determine when and if to create and Created Content and to perform any services for the benefit of the Clients, including the working hours, and DAO Maker does not set or have any control over the User’s payment, work hours, work schedules, or work location, nor is DAO Maker involved in any other way in determining the nature and amount of any compensation that may be paid to the User for Created Content and/or any services provided to Clients;

    5. Users may be paid at such times and amounts at the Clients’ full discretion, and DAO Maker does not, in any way, warrant, represent or guarantee that a particular User will receive any payment or other remuneration for Created Content and/or other services provided to any of the Clients (any payments will be determined at Client’s sole discretion taking into the account results of the community voting);

    6. DAO Maker does not provide Users with training or any equipment, labor, tools, or materials related to any services; and

    7. DAO Maker does not provide the premises at which Users may provide Clients with Created Content or any other services.


 

  1. You acknowledge and agree that the DAO Maker assumes no obligations to help Users and Clients enforce any claims they might have towards each other in future (or which might in future exist between Users themselves), which would result from any of their engagements entered into with the intermediation of DAO Maker through Social Mining Platform; but may nevertheless choose to do so (at its sole discretion).


 

  1. TAXES AND PUBLIC CHARGES

    1. By accepting this Agreement and accessing our Services you, as a User acknowledge and agree that you are solely responsible:

  1. for any and all tax liabilities associated with payments received from Clients, and that DAO Maker will not withhold any taxes from payments to User;

  2. to obtain any disability, health, workers’ compensation, unemployment, or other insurance needed, desired, or required by any applicable law, and that User is not covered by or eligible for any insurance from DAO Maker or the Clients;

  3. for determining whether User is required by applicable law to issue any particular invoices for the Created Content or other services provided to the Clients and for issuing any invoices so required;

  4. for determining whether User is required by applicable law to remit to the appropriate authorities any value added tax, sales tax or any other taxes or similar charges applicable to the Created Content or other services provided to the Clients, and remitting any such taxes or charges to the appropriate tax authorities, as applicable.


 

  1. USER Representations and warranties

    1. By registering to the Platform and opening of an Account, you shall represent and warrant to DAO Maker as well the Clients as follows:

  1. you have read carefully in full the contents of this Agreement as amended or modified from time to time to which you consent; additionally, you also confirm that you have performed reasonable due diligence with regard to DAO Maker, and that you have, if and to extent you deem necessary, sought independent financial and/or legal advice;

  2. you agree and acknowledge that any cryptographic tokens that you might receive as remuneration for provided Created Content and any other services to the Clients do not constitute and are not intended to constitute any securities of any form in any of the jurisdictions;

  3. you are not a citizen, resident (tax or otherwise) or green card holder of the United States of America or a citizen or resident (tax or otherwise) of the Republic of Singapore or a citizen or resident (tax or otherwise) of the People’s Republic of China;

  4. you have a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and Smart Contract technology;

  5. you are fully aware and understand that there are risks associated with DAO Maker and its business and operations;

  6. you agree and acknowledge that DAO Maker is not liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with any acceptance of or reliance on this Agreement, or with the use of the Social Mining Platform and/or the DAO Maker Services; and

  7. all of the above representations and warranties will be true, complete, accurate and non-misleading at the time of your registration to the Platform.


 

  1. Data Protection and DAO Privacy Policy

    1. Storage of KYC and other data. KYC and other data are safely stored on an Amazon S3 server in Frankfurt, Germany. This data is kept only long enough for it to be processed, after which it is encrypted and safely transferred to the Client to be kept in cold storage.

    2. DAO MAKER DOES NOT KEEP ANY PERSONAL DATA RELATED TO ITS KYC/AML PROCEDURES FOLLOWING ITS HANDOVER TO THE RESPECTIVE CLIENT ENTITY. ALL DATA IS PURGED. DAO MAKER ALSO DOES NOT SAVE/KEEP ANY KYC DATA IN ITS DATABASES AT ANY TIME.

    3. DAO Maker will not share any KYC/AML data with any third parties except for the relevant Client or if necessary, its KYC software provider KYC3, unless complying with relevant authorities and regulations.

    4. Your Privacy. Protecting your privacy is very important to DAO Maker. Before accessing and using any of our services, you shall be required to review and consent to our Privacy Policy.

  2. Retention of Intellectual Property Rights of Social Mining Platform and DAO Maker Clients

    1. The Social Mining Platform and any DAO Maker Services, including their design elements or concepts and any and all underlying intellectual property, including, but not limited to any registered trademarks, are the property of DAO Maker and/or DAO Maker Clients (as applicable), and are protected by copyright, patent, trade secret and other intellectual property laws.

 

  1. DAO Maker and DAO Maker Clients retains any and all rights, title and interest in and to Social Mining Platform and DAO Maker Services (including, without limitation, all intellectual property rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the Social Mining Platform and DAO Maker Services is limited to the rights expressly granted in these Terms. No licences to use any of trademarks or any other DAO Maker brands are to be inferred or assumed pursuant to the use of any DAO Maker Services. All rights not expressly granted to you are reserved and retained by DAO Maker, DAO Maker Clients and their licensors.

 

  1. You expressly agree not to duplicate, copy, transmit, distribute, license, reverse engineer, modify, publish, reuse or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the intellectual property of DAO Maker or any DAO Maker Client without the express prior written consent of DAO Maker and, if applicable, its Clients.

 

  1. You shall not infringe the intellectual property rights of DAO Maker, DAO Maker Clients, other Users, or any third party.

 

  1. Warranty regarding Created Content

 

  1. You represent and warrant, and will continuously ensure that you have rights or sufficient licenses or permissions to use, upload, download and display any source code, designs, creative ideas, suggestions, proposal, plans, data or any other material or content submitted to Social Mining Platform or otherwise submitted to DAO Maker or DAO Maker Clients in any other way, whether online, by email, by postal mail or otherwise (“Created Content”).

 

  1. You shall defend, hold harmless and indemnify DAO Maker and DAO Maker Clients against any claim, demand, suit or proceeding made or brought against DAO Maker or DAO Maker Clients by any third-party alleging that your Created Content, or your use of any DAO Maker Services infringes or misappropriates any intellectual property rights of a third-party, or violates any applicable laws or regulations. You shall pay and indemnify DAO Maker and DAO Maker Clients for any damages awarded against it due to your use of DAO Maker Services and for all reasonable attorneys’ fees incurred by DAO Maker and DAO Maker Clients in connection with any such claim, demand, suit or proceeding; provided that DAO Maker:

(a) promptly gives you written notice of any such claim, demand, suit or proceeding; and

 

(b) gives you sufficient control to defend and settle such claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases DAO Maker from all liability).

 

  1. DAO Maker, at its discretion, may provide you with assistance in defending any such claim, at your expense.

 

 

  1. Confidential Information

    1. You agree that confidential information or private data, which you might receive from DAO Maker or DAO Maker Clients and which is not readily available in the public domain belong to DAO Maker and/or DAO Maker Clients and you undertake not to disclose to any third person at any time any such confidential information or private data without the express prior written consent of DAO Maker and/or DAO Maker Clients.

 

  1. You warrant that you will treat the confidential information or private data of the DAO Maker and DAO Maker Clients with the highest standard of care, that you will comply with all applicable data privacy laws in your jurisdiction and that you will not sell or disclose confidential information or private data or either DAO Maker or DAO Maker Clients.

 

 

  1. Rights to Created Content

    1. You agree and grant DAO Maker and DAO Maker Clients a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute any Created Content and/or incorporate such Created Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you.

 

  1. This license will survive the termination of these Terms and your use of the Social Mining Platform and DAO Maker Services. We are and shall be under no obligation to maintain any Content in confidence or to pay compensation for any Created Content. Do not send us any Created Content if you expect to be paid or want to continue to claim rights in such Content.

 

  1. We reserve the right to, but have no obligation to, monitor, edit or remove any Created Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates anyone’s intellectual property or these Terms.

 

  1. You are solely responsible for all Created Content that you upload, post, email or otherwise transmit via or to the Social Mining Platform. You agree that your Created Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

  2. You further agree that your Created Content will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Social Mining Platform or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Created Content. We take no responsibility and assume no liability for any Created Content posted by you or any third-party.


 

  1. NO WARRANTY, LIMITATION OF LIABILITY

    1. Disclaimer of liability. (A) IN NO EVENT SHALL DAO MAKER, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OF ANY KIND, IN TORT, CONTRACT OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, INCOME OR PROFITS, AND LOSS OF USE OR DATA), ARISING OUT OF OR IN CONNECTION WITH ANY ACCEPTANCE OF OR RELIANCE ON THIS AGREEMENT, OR WITH THE USE OF THE SOCIAL MINING PLATFORM AND/OR THE DAO MAKER SERVICES.

    2. Computer Malware. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer malware, spyware, or scareware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from DAO Maker. Always log into your DAO Maker Account through the Social Mining Platform to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

    3. Release of DAO Maker. If you have a dispute with one or more Users of the DAO Maker Services, to the extent permitted by law, you release DAO Maker, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

    4. No Warranty. (A) THE DAO MAKER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. DAO MAKER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DAO MAKER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE DAO MAKER SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE SOCIAL MINING PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. DAO MAKER ALSO SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE TRUTH, ACCURACY AND COMPLETENESS OF ANY OF THE INFORMATION SET OUT IN THIS AGREEMENT.

    5. WE ARE NOT RESPONSIBLE FOR THE CRYPTOCURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF CRYPTOCURRENCY AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF CRYPTOCURRENCY, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF CRYPTOCURRENCY CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING CRYPTOCURRENCY, EVEN IF THE DAO MAKER SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, DAO MAKER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE DAO MAKER SERVICES OR ANY MATERIALS CONTAINED THEREIN. (B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 8.5(A) WITH RESPECT TO CONSUMERS, SECTION 8.5(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.


 

  1. OTHER General Provisions

    1. Relationship of the Parties. DAO Maker is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and DAO Maker to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or DAO Maker to be treated as the agent of the other.

    2. Service Providers. From time to time, DAO Maker may engage third parties to assist DAO Maker in providing certain aspects of the DAO Maker Services (each, a “Service Provider”). Service Providers may include, but are not limited to, DAO Maker’s technology or engineering service providers.

    3. Indemnification. You agree to indemnify and hold DAO Maker, its affiliates and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of this Agreement, (ii) your use of DAO Maker Services, including the Developer’s Tools, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

    4. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and DAO Maker as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and DAO Maker.

    5. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DAO Maker without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the DAO Maker Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

    6. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

    7. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, DAO Maker Account cancellation, debts owed to DAO Maker, general use of the Social Mining Platform, disputes with DAO Maker, and general provisions, shall survive the termination or expiration of this Agreement.

    8. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

    9. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

    10. Third Party Right. Unless expressly provided to the contrary in this Agreement, a person who is not a party to this Agreement has no right to enforce or to enjoy the benefit of any term of this Agreement. Notwithstanding any term of this Agreement, no consent of any party who is not a party to this Agreement shall be required for the waiver, variation or termination of any part of this Agreement.

    11. Contact DAO Maker. If you have any feedback, questions, or complaints, contact us via email at [email protected] When you contact us please provide us with your name, address, and any other information we may need to identify you, your DAO Maker Account, and the issue on which you have feedback, questions, or complaints.


 

  1. GOVERNING LAW AND DISPUTE RESOLUTION

    1. Governing Law. The laws of the Republic of Slovenia (with the exclusion of any rules that might lead to the use of any other law which is not the law of Republic of Slovenia) will govern the validity and construction of this Agreement, any separate agreement whereby we provide you any services and any dispute arising out of or in relation to this Agreement or such separate agreement.

    2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 2 business days of its receipt if you contact us via our Customer Support web page or email us at [email protected] A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by DAO Maker. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, DAO Maker may treat your response as if it has been submitted on time.

    3. Dispute Resolution. Users and DAO Maker shall do everything in their best power to resolve any controversy, claim, dispute or disagreement that may arise out of or in relation to this Agreement or any separate agreement made based on this Agreement extrajudicially, through mediation in Republic of Slovenia. If, and to the extent that, any such controversy, claim, dispute or disagreement is not settled pursuant to the mediation within ninety (90) days of the commencement of mediation, or if before the expiration of the said period of ninety (90) days, either party fails to participate or to continue to participate in the mediation, or if the parties cannot reach an agreement about the conditions and institution for mediation, courts of Republic of Slovenia shall have exclusive jurisdiction with regard to any disputes arising out of or in relation to this Agreement or any separate agreement made based on this Agreement.

    4. Prior to filing any claims in accordance with clause 16.1, you undertake to send such claim or request directly to DAO Maker in accordance with clause 16.2, and consent to mediation procedure as specified in clause 16.3. Any claim, filed with the court contrary to the rules set out in this section 16, shall be rejected immediately by the court as premature.