Terms and Conditions
TURING NETWORK IS A NEW SUITE OF EXPERIMENTAL BLOCKCHAIN-ORIENTED FUNCTIONALITIES. USING THESE FUNCTIONALITIES POSES SIGNIFICANT RISKS TO YOU AND YOUR ONLINE ASSETS. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THESE RISKS AND YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU AND YOUR RIGHTS. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PARTICIPATING IN THE CROWDLOAN CAMPAIGN, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT PARTICIPATE IN THE CROWDLOAN CAMPAIGN IF YOU: (A) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE&aposS FUNCTIONALITIES BY APPLICABLE LAW.
By accessing the Turing Network Crowdloan Application (“Turing Crowdloan Application”), you (“User”) hereby represent and warrant to Chainintelligence Technology, Inc., a British Virgin Islands corporation (“Company”) as follows:
- the User agrees and acknowledges that nothing in the Turing Crowdloan Application constitutes a prospectus or offering document of any sort nor is intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme, or any other form of capital markets product or investment in any jurisdiction, nor a solicitation for any form of investment;
- the User is not a citizen or resident of a jurisdiction the laws of which prohibit or conflict with the holding, sale, or trading of crypto-assets; such countries to include (without limitation) THE UNITED STATES OF AMERICA, ITS TERRITORIES AND POSSESSIONS, ANY STATE OF THE UNITED STATES, AND THE DISTRICT OF COLUMBIA ("U.S."), CANADA, PEOPLE'S REPUBLIC OF CHINA, DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, CUBA, SYRIA, IRAN, SUDAN, PEOPLE'S REPUBLIC OF CRIMEA;
- the User agrees and acknowledges that no regulatory authority has examined or approved the information set out in the Turing Crowdloan Application and that the publication, distribution, or dissemination of any information related to the Turing Crowdloan Application does not imply to the User that the applicable laws, regulatory requirements, or rules have been complied with;
- any information the User provides to the Turing Crowdloan Application is true and accurate at the time of its provision;
- the User shall not use or access the Turing Crowdloan Application in the furtherance of any crime or with the intent to defraud, manipulate, or deceive;
- the User’s access to the Turing Crowdloan Application and the holding of TUR tokens by User is not prohibited or restricted by any applicable laws, regulations, or rules in any jurisdiction to which User is subject, and where any restrictions are applicable, User has observed and complied with all such restrictions at User’s own expense and without liability to the Company;
- the User agrees and acknowledges that the Company shall not be liable for any direct, indirect, special, incidental, consequential, or other losses of any kind (including but not limited to loss of revenue, income or profits, and loss of use or data), in tort (including negligence), contract or otherwise, arising out of or in connection with the User accessing or using the Turing Crowdloan Application;
- the User is not a U.S. Person as defined in Regulation S under the Securities Act of 1933, as amended, which means that User is not a natural person resident in the United States of America, its territories and possessions, any State of the United States, and the District Of Columbia ("U.S."), an entity incorporated under the laws of the U.S., an estate/trust where the executor/administrator/trustee is a U.S. Person or a non-discretionary account held for a U.S. Person, an agency or branch of a foreign entity located in the U.S., or an entity incorporated outside the U.S. but formed by a U.S. Person principally for the purposes of investing in unregistered securities under the Securities Act (unless incorporated and owned by accredited investors who are not natural persons, estates or trusts), and the User acknowledge, agree and represent as follows:
- any offer, sale, and trade of the TUR tokens is being made in an offshore transaction, which means that the transaction was not effected in the U.S.;
- no directed selling efforts were made in the United States, which means that no marketing efforts were made to the User in the U.S.;
- the User are not acquiring TUR tokens for the account or benefit of any U.S. Person; and
- the User agree not to offer or sell the TUR tokens (or create or maintain any derivative position equivalent thereto) in the U.S., to or for the account or benefit of a U.S. Person;
- the User has sufficient funds to fulfill the obligations of the Company within the Turing Crowdloan Application and is not bankrupt or insolvent;
- the User acknowledges that the Company is not in control of the Kusama Network and agrees that it waives all liability against the Company for, and assumes all risk related to any bugs, errors, vulnerabilities, unintended outcomes or exploits that may occur, whether foreseeable or unforeseeable, that effect the Kusama Network or the Turing Crowdloan Application;
- the User aims to acquire TUR tokens as principal and for its own benefit and User is not acting on the instructions of, or as nominee or agent for or on behalf of, any other person;
- the TUR tokens to be delivered to and received by User will not be used for any purpose in connection with money laundering, terrorism financing, or any other acts in breach or contravention of any applicable law, regulation, or rule;
- the User bears the sole responsibility to determine what tax implications the User’s use of the Turing Crowdloan Application may have for the User;
- the Company may revise and update these Terms and Conditions from time to time in the Company’s sole discretion. All changes are effective immediately when made public and apply to all access to and use of the Turing Crowdloan Application thereafter. User’s continued use of the Turing Crowdloan Application following the publication of revised Terms and Conditions means that the User accepts and agrees to the changes. The User is expected to check this page each time it accesses the Turing Crowdloan Application so it is aware of any changes, as they are binding on the User;
- the User understands and acknowledges that blockchains, crypto-assets, and their related technologies and functionalities are still emerging innovations that carry a relatively high amount of foreseeable and unforeseeable risk from security, financial, technical, political, social, and personal safety standpoints. The mere access to and interaction with blockchains requires high degrees of skill and knowledge to operate with a relative degree of safety and proficiency. Crypto-assets are highly volatile in nature due to many diverse factors, including without limitation use and adoption, speculation, manipulation, technology, security, and legal and regulatory developments and application. The User acknowledges the foregoing, and agrees and represents that it understands such and other risks involved with the Turing Crowdloan Campaign and other related technologies.
- the User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (1) the User’s violation of these Terms and Conditions; (2) the User’s access and use of the Turing Crowdloan Application; or (3) any other party’s access and use of the Turing Crowdloan Application with the User’s assistance or by using any device or account that the User owns or control;
- the Company may, at its sole and absolute discretion, assign its rights and/or delegate its duties under these Terms and Conditions. The User may not assign its rights or delegate its duties, and any assignment or delegation without the written consent of the Company, which the Company may withhold at its sole and absolute discretion, shall be void. Subject to these Terms, only the User and no other person shall have the right to any claim against the Company in connection with the User’s access and use of the Turing Crowdloan Application;
- any failure of the Company to enforce these Terms or to assert any right(s), claim(s) or causes of action against the User under these Terms shall not be construed as a waiver of the right of the Company to assert any right(s), claim(s) or causes of action against the User;
- these Terms and Conditions shall be governed by, and construed in accordance with the laws of the British Virgin Islands without giving effect to any choice or conflict of law provision or rule (whether of the British Virgin Islands or any other jurisdiction);
- any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence or validity, shall be referred to and resolved by arbitration. Accordingly, the User consents and submits to the exclusive jurisdiction of the federal and state courts and any applicable arbitral body located within San Francisco, California. The language of the arbitration shall be English;
- these Terms and Conditions contain the entire agreement between the User and the Company and supersedes all prior agreements, understandings or arrangements (both oral and written) in relation to the User’s access and use of the Turing Crowdloan Application;
- if any of aspect of these Terms and Conditions is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of these Terms shall continue to be valid and in full force and effect; and
- all of the above representations and warranties are and will continue to be, true, complete, accurate, and non-misleading from the time of User’s acceptance of this attestation and notwithstanding the receipt by the User of any TUR tokens.