This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of any BitShares™-derived service or products. Please note that the Agreement constitutes a legally binding agreement between you and DAC Sun Limited (referred to herein as "DSL", "us" or "we"), which owns and operates the Internet site found at bitshares-x.info (the "Service"). By clicking the "I Agree" button if and where provided and/or using the Service, you consent to the terms and conditions set forth in this Agreement.
1. GRANT OF LICENSE
1.1. Subject to the terms and conditions contained herein, DSL grants the User a non-exclusive, personal, non-transferable right to use the experimental products and educational information provided by this Service on your personal computer or other device that accesses the Internet in order to access the experimental products available and described on the bitshares-x.info website (the website, experimental products and educational information together being the "Service"). By using this Service you are agreeing to join and participate in an economic experiment that may or may not prove useful, viable, or successful. This software is not intended or suitable for commercial use.
1.2. The Service is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals accessing the Service from jurisdictions from which it is illegal to do so. DSL is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.
1.3. Products provided by the Service are derived from the open source BitShares™Toolkit and are released under the original BSD License. DSL reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use.
1.4. The term "DSL", its domain names and any other trade marks, or service marks used by DSL as part of the Service (the "Trade Marks"), are solely owned by DSL. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to DSL and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without prior written consent of DAC Sun Limited. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of DSL.
2. NO WARRANTIES.
2.1. BitShares™, ITS COMMUNITY OF INDEPENDENT DEVELOPERS AND DSL DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE WHICH IS PROVIDED TO YOU "AS IS" AND WE PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ITS QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY.
2.2. REGARDLESS OF OUR EFFORTS, WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
2.3. DAC SUN LIMITED CERTIFIES ONLY THAT THE SOFTWARE BINARIES PROVIDED AS PART OF THE SERVICE HAVE BEEN COMPILED FROM THE SOURCE CODE LIBRARIES REFERENCED ON BITSHARES-X.INFO AND WILL PERFORM AS SPECIFIED IN THAT CODE. THE USER IS RESPONSIBLE FOR VERIFYING THAT CODE, WITH EXPERT PROFESSIONAL HELP IF NECESSARY, AND ACCEPTS THE RESULTS PRODUCED BY THAT CODE.
3. AUTHORITY/TERMS OF SERVICE
You agree to the rules described on the bitshares-x.info website. DSL retains authority over the issuing, maintenance, and closing of the Service. The decision of DSL's management, as regards any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.
4. YOUR REPRESENTATIONS AND WARRANTIES
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
4.1. there is a risk of losing digital tokens when using products provided by this Service and that neither BitShares™, its community of independent developers, nor DSL have any responsibility to you for any such loss;
4.2. your use of the Service is at your sole option, discretion and risk;
4.3. you are solely responsible for any applicable taxes which may be payable on digital tokens obtained by you through your use of the Service;
4.5. the telecommunications networks and Internet access services required for you to access and use the Service and its products are entirely beyond the control of DSL and DSL shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
4.6. you are aged 18 or over.
5. PROHIBITED USES
5.1. PERSONAL USE. The Service is intended solely for the User's personal use. The User is only allowed to experiment with the products and tokens for his/her personal edification or entertainment.
5.2. GENERATED EXPERIMENTAL TOKENS. Any digital tokens (BTSX) generated for personal use by the User while using the products provided by this Service are for promotional purposes only, have zero par value, and are not generated in exchange for any consideration whatsoever provided by the user to DSU, BitShares™ or its independent community of developers. The existence of these tokens does not infer an obligation or liability on any party.
5.3 JURISDICTIONS. Persons located in or residents of any "Prohibited Jurisdictions" are not permitted make use of the Service. For the avoidance of doubt, the foregoing restrictions on engaging in experimentation from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on use by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating any information used by DSL to identify your location and providing DSL with false or misleading information regarding your location or place of residence.
6.1. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, DSL reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
6.2. You agree to fully indemnify, defend and hold harmless BitShares™, its community of independent developers, DSL and their shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.
7. LIMITATION OF LIABILITY.
7.1. Under no circumstances, including negligence, shall BitShares™, its community of independent developers, or DSL be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if any had prior knowledge of the possibility of such damages.
7.2. Nothing in this Agreement shall exclude or limit DSL's liability for death or personal injury resulting from its negligence.
If a User wishes to make a complaint, please express it a dacsunlimied.com. Should any dispute not be resolved to your satisfaction you may pursue remedies in the governing law jurisdiction set forth below.
DSL reserves the right to update or modify this Agreement or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Agreement upon posting. Therefore, we encourage you check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement.
10. GOVERNING LAW
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Hong Kong. You irrevocably agree that, subject as provided below, the courts of Hong Kong shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of DSL to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
DSL reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
13.1. No waiver by DSL of any breach of any provision of this Agreement (including the failure of DSL to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
13.2. Nothing in this Agreement shall create or confer any rights or other benefits in favor of any third parties not party to this Agreement other than with an affiliate of DSL.
13.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
13.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.