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Terms and Condition
SPECIAL TERMS OF SERVICE
Effective: 01 November 2020
The following special Terms of Service for Cloudchain Mining are supplementary to the general terms of service. In case of irreconcilable conflict between the general terms and special terms, the latter shall prevail.
By accessing Clouchain's website ("Site), applications, and Cloudchain Mining, you agree to be bound by this Terms of Service and that you will use the mining feature in compliance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site, Cloudchain Mining, as well as the related softwares available on this Site or applications. The pages and software contained within this Site, applications and related softwares are protected by applicable copyright and trademark laws. For an offline variant of this Agreement, you may contact Cloudchain for more information.
2. Use License
This Terms of Service governs the user's access to and use of Cloudchain's mining feature, which currently includes applications, infrastructure and computations resources offered by Cloudchain (the "Services”).
Through Cloudchain Mining, Cloudchain offers a feature to enable a network of community users to validate transaction and acquire Cloudchain based cryptocurrencies through mining by means of a web browser or application. Cloudchain will provide an electronic wallet (CloudWallet.ai) and the servers (mining servers) to acquire cryptocurrencies that run on Cloudchain. Cloudchain servers solve the math problems by implementing middleware (Mining API) to allow web/app based mining. Once users participate in mining, they actually become part of the blockchain to help verify transactions within the Cloudchain network. This creates a larger node community to support "witnessing” of payments or transactions. Nodes / miners need to witness a transaction and as a witness they get a share in the transaction fees in the validation of cryptocurrency transactions.
Permission is granted to use the Services provided by the Cloudchain mining feature. Cloudchain Mining and other related softwares are sometimes referred to within these Terms of Service as "materials.” This is a grant of a license, not a transfer of title, and under this license, a user may not:
The user may not sublicense or transfer the license. Said license shall automatically terminate if you violate any of these restrictions and may be terminated by Cloudchain at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
As part of the Services enabled by Cloudchain Mining, the user will have access to the Dashboard through which the user may administer the mining activity. The Dashboard also provides the user tools to engage in mining and Cloudchain's cloud infrastructure for other related applications.
The user must establish and maintain an account to use Cloudchain's mining feature, and is responsible for the information it provides to create the account.
5. New Applications
Cloudchain Mining may introduce new applications, tools, features or functionality available from time to time through the Services. New services related to mining may also be introduced from time to time, the use of which may be contingent upon the user's agreement to additional terms.
6. Modifications to the Mining Feature and Services
Cloudchain may make technological and commercially reasonable updates to the mining feature and Services from time to time. If Cloudchain makes a material change to the Services, it will inform the user.
Cloudchain Mining and other materials on the Site are provided on "as is” basis. In relation to the Cloudchain mining feature and other materials, Cloudchain makes no warranties, expressed or implied, and hereby disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and title or non-infringement of intellectual property. Further, Cloudchain does not warrant or make any representations concerning the accuracy, likely results, reliability, or otherwise of the use of Cloudchain's mining feature, software or materials on this Site, or on any sites linked to by this Site. You assume all risks concerning the suitability and accuracy of the materials on this Site.
In no event shall Cloudchain or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Cloudchain mining feature, or any materials on the Site, even if Cloudchain's authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations on damages, these limitations may not apply to you.
9. Revisions and Errors
The materials appearing on Cloudchain Mining and the Site could include technical, typographical, or photographic errors. Cloudchain does not warrant that any of the materials on its Site are accurate, complete, or current. Cloudchain may make changes to the materials contained on its Site at any time without notice. Cloudchain does not, however, make any commitment to update the materials.
10. Force Majeure
Cloudchain Mining will not be liable for any failure or delay in the performance of obligation under the Terms of Service where the failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
Cloudchain has not reviewed all of the sites linked to Cloudchain Mining or its Site and is not responsible for the contents of any such linked sites. The inclusion of any link does not imply endorsement by Cloudchain of said sites. Use of any such linked site is at the user's own risk.
12. Terms of Service Modifications
Cloudchain Mining may revise these Terms of Service at any time. Cloudchain will post the revised Terms of Service with the effective date of the revisions noted in the heading of the revised Terms of Service. In addition, Cloudchain will take reasonable measures to notify the users if the changes to the Terms of Service are material and adverse to them. Users are advised to check these Terms of Service periodically for changes. By using Cloudchain Mining and this Site, the user agrees to be bound by the then current version of these Terms of Service.
13. Security Breach
Users of the mining feature shall notify Cloudchain if and when they learn of any security breaches regarding the mining feature and the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Cloudchain to cure the security breach.
14. Intellectual Property
Except as expressly set forth in this Terms of Service, these Terms do not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, the user owns all intellectual property rights in customer data, and Cloudchain owns all intellectual property rights in the mining feature, Services and other materials or software.
The user is responsible for any taxes that may be implicated by its mining activity in Cloudchain. The user shall indemnify Cloudchain or reimburse Cloudchain for any taxes, interest, penalties or fines arising out of any non-declaration or mis-declaration by the user.
16. Compliance with Law
Cloudchain reserves the right to access, read, preserve, and disclose any information we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Terms of Services, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, (v) protect the rights, property, or safety of us, our users, and the public, or (vi) improve and/or maintain the Service. Cloudchain shall take any action necessary to protect the Services, its users, and relevant third parties.
18. No Agency
This Terms of Service do not create any agency, employment, partnership or joint venture between Cloudchain and the user.
19. Governing Law
User agrees that any claim relating to the use of Cloudchain Mining, Site and other materials available on the Site shall be governed by English law without regard to its conflict of law provisions. Any claim or cause of action arising out of or related to use of the mining feature or materials or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
Any dispute exceeding USD10,000 arising out of or in connection with this Terms of Services (a "Dispute”) shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Philippine Dispute Resolution Center Inc. ("PDRCI"), which are deemed to be incorporated by reference into this clause. The tribunal shall consist of three (3) arbitrators, unless the PDRCI determines that, in view of all the circumstances of the case, a three-member tribunal is appropriate. The place and seat of the arbitration shall be Metro Manila, Philippines. The language to be used in the arbitration proceedings will be English. Any award of the tribunal shall be binding from the day it is made, and the parties hereby waive any right to refer any question of law and any right of appeal on the law and/or merits to any court. Judgment on the award rendered by the tribunal may be entered in any court of competent jurisdiction.
If any portion of the Terms of Service is held to be invalid or unenforceable, the remaining portions of the Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from the Terms but the rest of the Terms will remain in full force and effect.