"Social Mining Club"
General Terms and Conditions
Version 3 - October 2020
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The software contractor is , , , , in (hereinafter contractor).
In order to encourage investors to spread the word about the Contractor on social media, the Contractor offers a reward program regarding the promotion of the Contractor through social media activities. The reward program is called “Social Mining Club” (hereinafter“Social Mining Club”). Within this reward program, these investors (hereinafter referred to as “Ambassadors”) can promote the Contractor on social media and earn the Contractor’s Tokens as a reward. To offer the reward program, the Contractor has a license to utilize the white-label solution of Tixl.
The Contractor and the Ambassador together are hereinafter referred to as “the Parties”.
The Parties agree that despite the Contractor’s good faith efforts to develop the Contractor’s Project, it is possible that the Contractor’s Project will experience malfunctions or otherwise fail to be adequately developed or maintained, which may negatively impact the Contractor’s Project and Contractor’s Tokens, and the potential utility of the Contractor’s Tokens.
These General Terms and Conditions are designed for use for the participation in the Social Mining Club. By accepting these General Terms and Conditions and activating the respective checkbox included in the form regarding the participation in the Social Mining Club as set out at the Ambassador personal user account on the Contractor’s Website, the Parties are bound by the provisions of these General Terms and Conditions.
The Parties are aware that the regulatory requirements with supervisory law of the cryptocurrencies and token issues have not been clarified conclusively and, therefore, could be subject to future legislations and/or regulations by supervisory authorities. The subject matter of the contract may also be affected by European or any other legislation. Parts or the entire contract may thereby become invalid or void or be made dependent on additional requirements or conditions which make an adjustment of the contract necessary.
The Parties agree as follows:
Article 1: Social Mining Club
Section 1.1 The Contractor offers a reward program, the Social Mining Club, designed for Ambassadors to encourage these Ambassadors to promote the Contractor on social media.
Section 1.2 Ambassadors under this agreement are individuals ages 18 or above who are willing to promote the project on social media.
Section 1.3 The Social Mining Club is separated into phases (hereinafter referred to as “Social Mining Club Phases”). A phase can be understood as a time interval. For example, one Social Mining Club phase could endure from April 1, 2021 until June 30, 2021.
Article 2: Registration and Participation in the Social Mining Club
Section 2.2 The Ambassador participates in the Social Mining Club.
Section 2.3 The Contractor reserves the right to reject the Ambassador’s join request if there is any cause in his sole discretion.
Section 2.4 The Ambassador may have to conduct a KYC (Know Your Customer) check before or after the completed registration. In case the KYC check fails and the identity of the Ambassador can not be verified, the Ambassador may not participate in the Social Mining Club and the participation will be terminated immediately without further notice.
Section 2.5 Certain countries may be excluded from participation in the Social Mining Club.
Section 2.6 It’s in the Contractor sole discretion to define other criteria of acceptance to the Social Mining Club.
Article 3: Social Media Activities; Calculation of Rewards, Distribution of Rewards
Section 3.1 Each Social Mining Club Phase will have it’s own sub website on the Contractor’s Website.. The sub website can be reached by navigating to the “Social Mining Club” Tab. The Calculation of Rewards is highly dynamic and varies from one Social Mining Club Phase to another. The Reward Calculation and Distribution Schedule is only displayed on the sub website of the corresponding Social Mining Club Phase and can be adjusted anytime by the Contractor. The Contractor may also provide further information on his blog.
Section 3.2 In case the Ambassador uses fake followers or tries to increase her or his score by other manipulation tactics, the Ambassador will be disqualified for all current and future rewards. The decision whether something is classified as a manipulation tactic or not belongs solely to the Contractor.
Article 4: Termination
Each party may terminate the participation in the Social Mining Club for convenience at any time. The termination can be submitted in written form via e-mail to the Contractor (e-mail address as stated on the Contractor’s website).
Article 5: Technical Requirements and Responsibility for Losses
Section 5.1 The Contractor is not responsible for any losses of the Ambassador. The Contractor is under no obligation to compensate or re-issue any lost Contractor Tokens to the Ambassador.
Section 5.2 The Contractor is not responsible for any losses resulting from the Ambassador providing an invalid wallet address.
Section 5.3The Contractor is not responsible for any losses resulting from the Ambassador losing the private key.
Article 6: No Business, Legal, Financial or Tax Advice
The Ambassador acknowledges and agrees that no information provided by the Contractor, notwithstanding whether included in these General Terms and Conditions, the Whitepaper, or any other document or statement, should be deemed as business, legal, financial or tax advice. The Ambassador may consult his own business, legal, financial or tax advisers regarding especially, inter alia, the individual chances, opportunities, risks, obligations or further costs arising from the reception of and in connection with Contractor Tokens.
Article 7: Limitation of Liability, Obligation to Notify in Case of Special Risk of Damage
Section 7.1 Any liability not expressly provided below shall be disclaimed.
Section 7.2 The Contractor shall only be liable for any damages of the Ambassador, no matter for what legal reasons, in case of willful intent and gross negligence only.
Section 7.3 The Contractor shall be liable in case of ordinary negligence only resulting from a breach of a material contractual obligation (material obligation, without the fulfillment of which the proper implementation of the purpose of the contract is not possible and on the fulfillment of which the Ambassador can regularly rely). This does not apply in case of injury to life, body or health.
Section 7.4 Except in case of intentional breach of contract, the liability of the Contractor is limited to the amount of damages typically foreseeable upon conclusion of these General Terms and Conditions. This does not apply to injuries to life, body or health or in case of gross negligence. The Ambassador is obliged to notify the Contractor about special risks, atypical potential of damages and potential exceptional loss upon conclusion of the Purchase Agreement or in case of subsequent emergence.
Section 7.5 Article 7 shall not apply with indispensable statutory liability, particularly culpable injury to life, body or health, as well as in the case of fraudulent concealment of a defect or acceptance of a legal guarantee for the condition of the goods or the liability according to a Product Liability Act.
Article 8: Acknowledgement of Risks
The Contractor’s Tokens are subject to certain risks for an investor. Please refer to the Contractor’s website for further information.
Article 9: Dispute Resolution
Section 9.1 The law of shall apply to these General Terms and Conditions and all legal relations between the Contractor and the Ambassador under the exclusion of the international uniform law, in particular the UN Sales Convention.
Section 9.2 Place of jurisdiction is , , for any and all disputes arising from these General Terms and Conditions and all legal relations between the Contractor and the Ambassador, unless mandatory statutory provisions require otherwise.
Article 10: Miscellaneous
Section 10.1 The negotiating language is English.
Section 10.2 The Contractor may amend these General Terms and Conditions at any time with 14 (fourteen) days prior notice. Amendments and supplements to these General Terms and Conditions must be made in writing to become legally effective. This also applies to the cancellation of the written form requirement. The Contractor will inform the Ambassador about the amendments without undue delay. In order to inform the Ambassador of upcoming amendments or to provide the amended document the Contractor is entitled to give written notice via Twitter Direct Message with reference to the document deposited on the Contractor’s website. If the Ambassador does not make an immediate statement, the amended General Terms and Conditions shall apply.
Section 10.3 Should provisions of these General Terms and Conditions be or become invalid or void, or should provisions of these General Terms and Conditions be or become unenforceable, this shall not affect the validity and enforceability of the remaining provisions. Instead of the invalid, void or unenforceable provision, the parties agree on a provision that comes as close as legally possible in economic terms to what the parties wanted according to the meaning and purpose of the deleted provision. The same applies if gaps in these General Terms and Conditions should become apparent.
Section 10.4 Any failure of enforcement of rights, provisions or claims resulting from these Terms of Conditions or any other document accompanying the aforementioned by the Contractor shall in no way be deemed as a waiver of these rights, provisions or claims.
Social Mining Club; GENERAL TERMS AND CONDITIONS
20 October 2020