Terms and Conditions
These terms (“Terms”) govern the use of services (“Services”) provided by Aragon Association and all platforms affiliated with Aragon Association (“Aragon”, “we”, “us”, “our”), including but not limited to the Aragon Websites, all their Subdomans and affiliated applications [www.aragon.org; www.mainnet.aragon.org; forum.aragon.org; wiki.aragon.org; anj.aragon.org; transparency.aragon.org; conviction.aragon.org, vocdoni.app], its Application [client.aragon.org], Twitter [twitter.com/AragonProject], Reddit [reddit.com/r/aragonproject/], Telegram [t.me/aragonproject] and Discord [discord.gg/74VN9zVt] (collectively “Platforms”).
These terms are binding on the users of Aragon and its Platforms (“you”, “your”, “user(s)”) which includes, but is not limited to, any person or entity who accesses, browses or uses in any form the services (“Services”) provided by us, through our Platforms.
By accessing the Services provided by our Platforms, you expressly consent to the Terms and Conditions contained herein and understands its meaning and intent. Please read these Terms and Conditions and our Privacy Policy [https://aragon.org/privacy-policy] carefully before using our Platforms or the Services provided by us. final, and there shall be no refunds or cancellations, except as may be required by applicable law or regulation or unless expressly agreed upon by us in writing.
GENERAL
- You agree and acknowledge that the use of the Platforms or Services solely at your own risk and responsibility and that we bear no responsibility or liability for your use of the Services including, without limitation, for any harm, loss, or damages arising from the incorrect use of the Services, including constructed transactions, network, and technical failures, unauthorized access to any user wallets, legal and regulatory matters and consequences, or fraud conducted by third parties.
- You agree and acknowledge that you will not use the Platforms or Services (i) in a manner that violates any applicable law or regulation; (ii) to fund terrorism or other criminal activity; (iii) to circumvent any export restrictions or economic sanctions; or (iv) to engage in unlawful money transmission, currency exchanging, or money laundering. Please note that you may not be eligible to use the services if you are restricted or prohibited by any applicable laws and regulations.
RISKS ASSOCIATED WITH USE SERVICES
- There are certain risks associated with the use of the Services as well as purchasing, owning and using Tokens for the receipt of Services.
- By purchasing these Tokens, you acknowledge that you have read these Terms, and you agree to assume these risks.
- You are responsible for implementing reasonable measures for securing your wallet, vault or other storage mechanisms you use to receive and hold Tokens purchased, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s).
- If your private key(s) or other access credentials are lost, you may lose access to your Tokens. We are not responsible for such losses, costs, expenses or any other similar loss relating to lost access credentials.
- If you intend to purchase Tokens, you must execute the payment to the multi-signature address specified. If you make payment to any other address or entity which is not specified by us, you agree and acknowledge that such payments shall not be received, and we shall not be under any obligation whatsoever to deliver any Tokens to you.
- We shall have no obligations in any form or whatsoever to you regarding such payment. We reserve the right not to deliver any Token until the purchase request has been received in full and the amount quoted for your purchase request, ie, the Purchase price has been fully paid.
- We reserve the right to declare your purchase request void and refuse your payment. In order to avoid any doubt, the purchase price shall be deemed to be paid in full as soon as we receive three network confirmations of the transaction.
- We reserve the right to sole and absolute discretion regarding modification of the any timelines described herein, to account for network congestion or other technical challenges.
- We shall not be responsible for any amount received from an incompatible wallet or Smart Contract account resulting in “lost” tokens that cannot be withdrawn from the account.
- All Token purchases from us are final, and there shall be no refunds or cancellations, except as may be required by applicable law or regulation or unless expressly agreed upon by us in writing.
- To the extent permitted by the applicable laws, all risks in relation to any refund of payment made during the Token sale shall be borne solely and absolutely by you. We reserve the right to refuse or cancel any token purchase requests at any time at our sole and absolute discretion.
- Please acknowledge that any amount paid for Tokens is exclusive of all applicable taxes. Determination of applicable taxes to purchase tokens, including but not limited to value added tax, sales tax, tax on use or any other similar tax, is solely your responsibility and we shall not be held liable for the same.
- It is also your entire responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. We shall not be responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from your purchase of Tokens.
USER CODE OF CONDUCT
Obligations and Prohibited Actions:
- You shall not use any material that is false, offensive, harmful, obscene or pornographic, hateful, defamatory, libellous, derogatory, abusive, threatening, or in any other way illegal or infringing upon the legal rights of others, or in violation of this clause.
- You shall be civil and respectful of other Users and shall not display toxic, trolling or behaviours that lead to harassment of any kind, including but not exclusively mental or emotional.
- You shall not impersonate any other natural or legal person, and use their identification or contact details, create accounts in their name, or falsely state or misrepresent any association or affiliation with such persons.
- You shall not interfere with security-related features of the Platforms, including but not limited to: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platforms except to the extent that the activity is expressly permitted by applicable law. Any attempt at such interference shall attract a ban from the Platforms.
- You shall not collect, generate, affect in any way usernames or email addresses using bots or any other methods or sell or transfer the User profile to any person or entity without our written permission.
- Spamming which shall include but is not restricted to excessive use of capital letters; repetition of text, and exclamation points on the site interferes with the use of service and is prohibited.
ISSUANCE AND USE OF ARAGON TOKENS
- The purpose of the Aragon’s tokens (“Tokens”) is to be used in a blockchain platform developed by us for the rendering the Services.
- The purchase, ownership, receipt or possession of Tokens carries no rights, express or implied, other than the right to use Tokens as a means to enable usage of and interaction with the Aragon Network, if successfully completed and deployed.
- You understand and accept that Tokens:
DISCLAIMERS
- YOU REPRESENT AND WARRANT AND COVENANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, THE TOKENS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ARAGON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE TOKENS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WE DO NOT REPRESENT OR WARRANT THAT THE TOKENS ARE RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE TOKENS WILL BE CORRECTED; AND WE (III) ARAGON CAN NOT AND DOES NOT REPRESENT OR WARRANT THAT THE TOKENS OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THESE TERMS DO NOT CONSTITUTE A PROSPECTUS, AN OFFER DOCUMENT OF ANY SORT, OR ARE INTENDED TO CONSTITUTE AN OFFER OF SECURITIES OR A SOLICITATION FOR INVESTMENT IN SECURITIES IN ANY JURISDICTION. IF YOU DECIDE TO PARTICIPATE AND PURCHASE TOKENS, PLEASE NOTE THAT YOUR CONTRIBUTION DOES NOT REPRESENT, CONSTITUTE OR INVOLVE THE EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF SECURITIES, INVESTMENT UNITS AND/OR FORM OF ORDINARY SHARES IN THE PROJECT, ON ANY PLATFORM, IN ARAGON, OR ANY OTHER RELATED COMPANY.
- THE TOKENS ARE NOT INTENDED TO CONSTITUTE SECURITIES AND/OR COLLECTIVE INVESTMENT UNITS IN ANY PROJECT, PLATFORM OR COMPANY. THE TOKEN HOLDER DOES NOT RECEIVE ANY FORM OF DIVIDEND OR OTHER REVENUE RIGHTS, NOR DOES IT REPRESENT ANY PARTICIPATION IN A PROFIT-SHARING SCHEME. THESE TERMS AND CONDITIONS IN ANY PART THEREOF AND ANY COPY THEREOF MUST NOT BE TRANSMITTED TO ANY COUNTRY WHERE DISTRIBUTION OR DISSEMINATION OF THESE DOCUMENTS AND ITS INFORMATION IS PROHIBITED OR RESTRICTED. NO REGULATORY AUTHORITY HAS EXAMINED OR APPROVED TO THIS DATE OF ANY OF THE INFORMATION SET OUT IN THIS DOCUMENT. THE PUBLICATION, DISTRIBUTION OR DISSEMINATION OF THESE TERMS DO NOT IMPLY THE APPLICABLE LAWS.
- REGULATORY REQUIREMENTS OR RULES HAVE BEEN COMPLIED WITH TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, REGULATIONS AND RULES, ARAGON, ITS FOUNDERS, TEAM MEMBERS AND ANY THIRD PARTY INVOLVED IN THE PROJECT SHALL NOT BE LIABLE FOR ANY DIRECT, 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 THESE TERMS, OR ANY PART THEREOF AND/OR INFORMATION PROVIDED ON THE WEB PAGE HTTPS://ARAGON.ORG/EN/NETWORK/
- ALL STATEMENTS CONTAINED IN THESE TERMS, WEBPAGE, STATEMENTS MADE IN PRESS RELEASES OR IN ANY PLACE ACCESSIBLE BY THE PUBLIC AND ORAL STATEMENTS THAT MAY BE MADE BY ARAGON, ITS FOUNDERS, TEAM MEMBERS AND ANY THIRD PARTY INVOLVED IN THE PROJECT AND ACTING ON BEHALF OF ARAGON, THAT ARE NOT STATEMENTS OF HISTORICAL FACT CONSTITUTE “FORWARD-LOOKING STATEMENTS”. ALL STATEMENTS REGARDING THE COMPANY, FINANCIAL POSITION, BUSINESS STRATEGIES, PLANS AND PROSPECTS AND THE PROSPECTS OF THE INDUSTRY WHICH ARAGON IS IN ARE “FORWARD-LOOKING STATEMENTS.”
- NEITHER ARAGON, ITS FOUNDERS, TEAM MEMBERS, ANY THIRD PARTY INVOLVED IN THE PROJECT NOR ANY OTHER PERSON REPRESENTS, WARRANTS AND/OR UNDERTAKES THAT THE ACTUAL FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS OF ARAGON WILL BE AS DISCUSSED IN THESE “FORWARD-LOOKING STATEMENTS.” NO INFORMATION IN THESE TERMS SHOULD BE CONSIDERED TO BE BUSINESS, LEGAL, FINANCIAL OR ADVICE REGARDING CONTRIBUTION OR PARTICIPATION TO THE DEVELOPMENT OF THE ARAGON NETWORK AND ANY OF ITS PROJECTS. ARAGON DOES NOT MAKE OR INTENDS TO MAKE, AND HEREBY 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 THESE TERMS. THE INFORMATION CONTAINED ON THESE TERMS AND CONDITIONS ARE OF DESCRIPTIVE NATURE ONLY.
LIMITATION OF LIABILITY
- To the fullest extent permitted by applicable law, in no event we or any of the Company Parties shall be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the sale or use of the tokens or otherwise related to these terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised regarding the possibility of such damages and regardless of whether such damages were foreseeable).
- In no event will the joint aggregate liability of the Company Parties and us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of or inability to use the tokens, exceed the amount you paid to Aragon for the tokens.
RELEASE
To the fullest extent permitted by applicable law, you release us and our Company Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.
GOVERNING LAW AND DISPUTE RESOLUTION
- Any claims, disputes and controversies arising out of these Terms or in connection with the access or use of Aragon Court shall be settled in the Aragon Court following the dispute process established herein.
- Notwithstanding the above, if a party wished to bring such a claim, dispute or controversy in court, it shall do so in the Court of the city of Zug (Switzerland) and these Terms shall be governed by and construed and enforced in accordance with the laws of Switzerland. However, we retain the right to bring any suit, action or proceeding against You, in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Waiver of Class Action - You waive off any/all right of class action lawsuit, class-wide arbitration and/or in any other proceeding in which either party acts or proposes to act in a representative capacity shall only bring claims in an individual capacity through individual arbitation.
- Any cause arising out of these Terms shall commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
SEVERABILITY
If any term, clause or provision of these Terms is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
MISCELLANEOUS
- Entire Agreement- These Terms (and the documents referred to herein) constitute the entire agreement relating to your purchase of Tokens. We may assign rights and obligations under these Terms. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
- Rights Reserved - We reserve the right to modify, update and/or change the Terms contained herein from time to time. Such changes shall be reflected in our Terms and Conditions, and continuing usage shall imply acceptance of the new Terms.
- We shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond reasonable control.
- Purchasing Tokens from us does not create any form of partnership, joint venture, or any other similar relationship between you and us. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and are not intended to confer third-party beneficiary rights upon any other person or entity.
- You agree and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you, including these Terms, will be provided in electronic form.
CONTACT INFORMATION
If you have any questions about these Terms, feel free to write or contact us on: transparency@aragon.org.