Last updated: 20.03.2019
GENERAL TERMS AND CONDITIONS OF STE TOKEN SALE
PLEASE READ CAREFULLY THESE GENERAL TERMS AND CONDITIONS AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE AVAILABLE IN THE INTERNET VIA HTTPS://STREAMEX.IO/ OR BUY STE TOKENS. IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT, PLEASE CONTACT THE COMPANY AT [email protected] STETOKENS INVOLVES RISKS, AND PURCHASERS SHOULD BE ABLE TO BEAR THE LOSS OF THEIR ENTIRE PURCHASE. ALL PURCHASERS SHOULD MAKE THEIR OWN DETERMINATION OF WHETHER OR NOT TO MAKE ANY PURCHASE, BASED ON THEIR OWN INDEPENDENT EVALUATION AND ANALYSIS. DO NOT PURCHASE STETOKENS IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING STETOKENS, YOU SHOULD CAREFULLY CONSIDER THE TERMS AND CONDITIONS OF THIS STETOKENSALE AND, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT PURCHASE STETOKENS. BY PURCHASING STETOKENS, AND TO THE EXTENT PERMITTED BY LAW, YOU AGREE NOT TO HOLD ANY OF THE COMPANY AND ITS RESPECTIVE PAST, PRESENT AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS LIABLE FOR ANY LOSSES OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM, OR IN ANY WAY CONNECTED, TO THE SALE OF STETOKENS, INCLUDING LOSSES ASSOCIATED WITH THE TERMS SET FORTH BELOW.
PLEASE NOTE THAT COMPANY IS IN THE PROCESS OF UNDERTAKING A LEGAL AND REGULATORY ANALYSIS OF THE FUNCTIONALITY OF STETOKEN. FOLLOWING THE CONCLUSION OF THIS ANALYSIS, COMPANY MAY DECIDE TO AMEND THE INTENDED FUNCTIONALITY OF STETOKEN IN ORDER TO ENSURE COMPLIANCE WITH ANY LEGAL OR REGULATORY REQUIREMENTS TO WHICH COMPANY IS SUBJECT. WE SHALL PUBLISH A NOTICE ON OUR WEBSITE OF ANY CHANGES THAT WE DECIDE TO MAKE TO THE FUNCTIONALITY OF STETOKENS AND IT IS YOUR RESPONSIBILITY TO REGULARLY CHECK OUR WEBSITE FOR ANY SUCH NOTICES. ON THE CONLCUSION OF THIS ANALYSIS, WE WILL DECIDE WHETHER OR NOT TO CHANGE THE FUNCTIONALITY OF STETOKENS.IN PARTICULAR, NOTHING IN THIS AGREEMENT CONSTITUTES AN OFFER OF SECURITIES FOR SALE IN THE USA. OTHER COUNTRIES AND IN ANY OTHER JURISDICTIONS WHERE IT IS UNLAWFUL TO DO SO. THE SECURITIESHAVE NOT BEEN, AND WILL NOT BE, REGISTERED UNDER THE U.S. SECURITIES ACT OR THE SECURITIES LAWS OF ANY STATE OF THE UNITED STATES OR OTHER JURISDICTIONS AND THE SECURITIES MAY NOT BE OFFERED OR SOLD WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS (AS DEFINED IN REGULATION S UNDER THE SECURITIES ACT) EXCEPTPURSUANT TO AN EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE U.S. SECURITIES ACT AND APPLICABLE STATE OR LOCAL SECURITIES LAWS. THE FOLLOWING AGREEMENT MAY NOT BE FORWARDED OR DISTRIBUTED TO ANY OTHER PERSON AND MAY NOT BE REPRODUCED IN ANY MANNER WHATSOEVER. ANY FORWARDING, DISTRIBUTION OR REPRODUCTION OF THIS AGREEMENT IN WHOLE OR IN PART IS UNAUTHORIZED. FAILURE TO COMPLY WITH THIS DIRECTIVE MAY RESULT IN A VIOLATION OR RESULT IN A VIOLATION OF THE U.S. SECURITIES ACT OR THE APPLICABLE LAWS OF OTHER JURISDICTIONS.DUE TO THE СOMPANY’S PRODUCTS BEING OFFERED ON THE INTERNET (MEANING BOTH THE WORLDWIDE WEB AND THE ETHEREUM BLOCKCHAIN) THE COMPANY UNDERSTANDS THAT THERE IS A POSSIBILITY THAT THERE MIGHT BE A CERTAIN “FLOW BACK” OF THE COMPANY’S PRODUCTS INTO THE U.S., CHINA, HONG KONG, SOUTHERN KOREA OR TO THE CITIZENS OR RESIDENTS OF THEOTHERMENTIONED IN CLAUSE 3 COUNTRIES. IF YOU ARE THE CITIZEN OR RESIDENT OF THESE COUNTRIES, REGARDLESS OF YOUR PRECISE LOCATION, YOU ARE RESTRICTED IN BUYING TOKENS AND IF YOU BUY THEM YOU DO IT AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES SHALL COMPANY HOLD RESPONSIBILITY FOR SUCH PURCHASE OF TOKENSSTREAMEXDOES NOT ACCEPT ANY USERS FROM THE COUNTRIES OR TERRITORIES WHERE ITS TOKEN SALE ACTIVITY SHALL BE ESPECIALLY LICENSED,ACCREDITED OR REGULATED IN OTHER WAYS. YOU SHALL CHECK YOUR APPLICABLE LAWAND BE FULLY RESPONSIBLE FOR ANY NEGATIVE IMPACT ARISEN FROM YOUR RESIDENCE COUNTRY REGULATIONS. IF YOU ARE TRAVELING TO ANY OF THESE COUNTRIES, YOU ACKNOWLEDGE THAT OUR SERVICES MAY BE UNAVAILABLE AND/OR BLOCKED IN SUCH COUNTRIES.
These General Terms & Conditions (hereinafter referred to as the “Terms”), including any and all Additional Documents, constitutea legally binding agreement between the Streamex Limited, that is a company incorporated in Hong Kong, registered address: 903 Dannies HSE, 20 LuardRD, Wan Chai [“Company,” “Streamex”, “we,” “us”]) the owner of the website available in the Internet via https://streamex.io/and any and all Participants as defined herein in the Definitions Section.
By the fact of the Website use and/or STETokens purchase the respective Participant agrees that they fully read, understood and irrevocably accepted these Terms. If any Participant does not agree with these Terms in general or any part of them, such Participant should withhold from using the Website https://www.streamex.io/ and/or purchase of STETokens as defined herein in the Definitions Section.
Unless otherwise stated herein, these Terms govern only Participant’s purchase of Tokens from Streamexduring the STE Token Sale Event. Any use of Tokens in connection with providing or receiving Services in the Platform will be governed primarily by other applicable Terms and policies. Streamexmay use third party services to process the STEToken Sale and any rules applicable by third party described in these Terms to such processing of STEtokens should also be applicable in addition to these Terms.
These Terms and any other rules, policies or procedures that may be issued by Streamexand published from time to time on the Website (including the Accompanying Documents).
Any person or entity that have any relation to Streamex, including, but not limited to partners, employees, agents and contractors of Streamex
Law applicable under these Terms to any and all relations between a Participant and Streamex. Defined in accordance to provisions of the clause 36 of these Terms.
A specific cryptocurrency-fiat exchange platform which,depending on the results of the Token Sale and within frameworks of the Team possibilities, will include following features: social trading, trade alerts,
trading pools, margin trading, gamification and leaderboards, StreamFolio,binary options,fiat to crypto trading, deposits and withdrawals and etc.
More details about the planned functionalof the future Platformcan be foundin the project’s White Paper.May also be referred as to the Platform
Digital currency, represented by ETH (Ethereum),BTC (Bitcoin),used by Participants to purchase STE Tokens.
Any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up and trade dress, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by Streamexin any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future.
Digital cryptographic Tokens which are software digital products (not being cryptocurrency), created by Streamexas a cryptographically secured representation of certain rights, described in clause 17and in Appendix A of StreamexGeneral Terms & Conditions of STEToken Sale
An offering of STETokens to eligible Participants to purchase STETokens during a limited period of time, according to the price as described in theseTerms and in STE Token Sale Agreement.Also referred as to the ICO.
Digital computer protocol intended to facilitate, verify and enforce the negotiation and purchase of STE Tokens by a Purchaser.
Available at the Website https://streamex.io/ or any relatedsubdomain thereof special registration form that is intended to facilitate the procedure of purchase and receipt of the Tokens. Pay attention to the fact, that after ICO is finished, previous User Accounts for the purchase of the STE, will be transferred to the Website of the Platformand these User Accounts will become Platforms’ User Accounts.
After the Streamex ICO is finished, previous User Accounts, which were used by the Participants for the purchase of the STE, will be transferred tothe Website of the Platform and all information, balances will be transferred there and may be engaged for the Platform usage.
Any person, who uses the Website and purchases STE Tokens. The Company reserves its right to set forth at any time upon its own discretion special eligibility or other requirements to certain Tokens Sale Participants to participate in a certain phase of STE Tokens Sale.
A group of interrelated websites owned and operated by Streamex Limited available in the Internet via address: https://streamex.io/.
Any person, who uses the Website for reasons other, than purchasing of the STE Tokens.
2. In the Terms, unless the opposite is clear from the context:
3. Purchaser is only allowed to purchase STE Tokens if by buying STE Tokens he/she/it covenant, represent, and warrant that they are neither a citizen, resident or tax resident of the United States of America, (hereinafter referred to as the “U.S.” or U.S. Person), Hong Kong, China , South Korea, North Korea, Taiwan, Afghanistan, Pakistan, Iran, Syria, Yemen, Somalia, Sudan, South Sudan, Central African Republic and countries or territories or individuals under the sanctions of the United Nations or the European Union. You also represent and warrant that You are not a citizen or resident of a geographic area in which access to or use of the cryptocurrency or Tokens, or where participation in ICO is prohibited by applicable law, decree, regulation, treaty, or administrative act. We shall reserve the right to refuse selling STE Tokens to anyone who does not meet the criteria set forth above.
The U.S., Hong Kong, China, South Korea citizens and residents are not eligible and not allowed to participate in the STE Token Sale due to various taxation and regulatory issues. Purchaser is only allowed to purchase STE Tokens if he/she/it is neither a U.S., Hong Kong, China, South Korea citizen or permanent resident of the mentioned states, nor Purchaser has a primary residence or domicile in the U.S., (including Puerto Rico, the U.S. Virgin Islands, and any other possessions of the U.S.) or Hong Kong, China, South Korea. In order to buy STE Tokens and by buying them Purchaser covenant, represent, and warrant that none of the owners of the company, of which Purchaser can be an authorized officer, are U.S., Hong Kong, China, South Korea citizens or permanent residents. Should this change at any time, Purchaser shall immediately notify the Company. Purchaser also represent and warrant that he/she/it is not a citizen or resident of a geographic area in which access to or use of the cryptocurrency or cryptographic tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act. The Company shall reserve the right to refuse to sell STE Tokens to anyone who does not meet the citizenship and residence criteria set forth above. Purchasers cannot resell STE Tokens to citizens and residents of countries and territories restricted in this Agreement.
THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY LEGAL OR MONETARY CONSEQUENCE ARISING OF BUYING STE TOKENS BY U.S., HONG KONG, CHINA, SOUTHERN KOREA CITIZENS OR RESIDENTS, (AND CITIZENS OF OTHER ABOVE MENTIONED COUNTRIES), OR THEIR USE OF THE WEBSITE.
4. By using this Website each Participant covenants, represents, and warrants that (under the Applicable Law and law of the country of Participant’s residence):
5. A Participant shall not use the Website if under the Applicable Law and/or law of the country of Participant’s residence he (she) is prohibited from using it. Any Tokens Sale Participant that is in any manner limited or prohibited from the purchase, possession, transfer, use or other transaction involving any amount of STE Tokens under the mentioned law should not access this Website and is prohibited accessing, referencing, engaging, or otherwise using this Website.
7. These Terms are effective from the time You begin using the Website. Participants may withdraw from their obligation under the Terms at any time by discontinuing the use of the Website.
8. The Participant acknowledges and accepts that these Terms are subject to change, modifications, amendments, alterations or supplements, at Streamex’s sole discretion. If such changes, modifications, amendments, alterations or supplements will occur, Streamex shall inform You by publishing relevant notification on the Website. Your continued use of the Website after any amendments or alterations of these Terms and/or the Website shall constitute Your consent hereto and acceptance hereof. In any case, the date of the most recent amendments and alterations will be indicated at the top of these Terms.
9. The Participant acknowledges and accepts that the Streamex reserves the right, at its own and complete discretion and at any time to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website for any reason. The pages of the Website may contain links to third-party websites and services. Such links are provided for Your convenience, but their presence does not mean that they are recommended by Streamex. Streamex does not guarantee their safety and conformity with any of Your expectations. Furthermore, Streamex is not responsible for maintaining any materials referenced from another site, and make no warranties for that site or respective service. Streamex assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.
10. To the extent allowable pursuant to Applicable Law, the Participant shall indemnify, defend, and hold Streamex and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against Streamex arising out of a breach of any warranty, representation, or obligation hereunder.
11. The Participant shall not have any claim of any nature whatsoever against Streamex for any failure by Streamex to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to power failure, Internet Service Provider failure, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the absolute and direct control of Streamex.
12. Any and all purchases of STE Tokens are final and non-refundable. By purchasing the STE Tokens, the Participant acknowledges that neither the Streamex nor any other of its affiliates are required to provide a refund for any reason, and that the Participant will not receive money or other compensation for any STE Tokens that is not used or remains unused for any reason.
13. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
14. Nevertheless, the Parties shall be responsible for compliance with the Streamex General Terms and Conditions of Token sale and Accompanying Documents, for fulfillment of the Participant’s commitments and guarantees in the manner and in the amount prescribed by the STREAMEX General Terms and conditions of Token sale and Accompanying Documents, in particular:
15. If Applicable Law does not allow all or any part of the above limitation of liability to apply to the Participant, the limitations will apply to the Participant only to the extent permitted by Applicable Law. The Participant understand and agree that it is his (or her) obligation to ensure compliance with any legislation relevant to his (or her) country of domicile concerning use of the Website, and that the Participant should not accept any liability for any illegal or unauthorized use of the Website.
16. The Participant agree to be solely responsible for any applicable taxes imposed on STE Tokens purchased hereunder. The Participant shall pay any applicable taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to the transactions under the Streamex Token Sale.
17. Streamex accepts the following obligations:
18. Participant accepts the following obligations:
19. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITING BY STREAMEX, STE TOKENS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND STREAMEX 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; STREAMEX DOES 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 STREAMEX CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE TOKENS OR THE DELIVERY MECHANISM FOR TOKENS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
20. By purchasing the STE Tokens the Participant represents and warrants that he (she) has read and understands the STE Token Sale General Terms and Conditions and Token sale Agreement and all Accompanying Documents in full and he fully agree with the information about the functionality of Token described in appendix A and in the clause 17 of these Terms, usage, storage, transmission mechanisms and other material characteristics of the STE Tokens, blockchain technology, blockchain-based software systems and their risks, and appreciates the risks and implications of purchasing the STE Tokens.
21. You understand that the STE Tokens confer only the rights described in the Appendix A to these Terms and in the clause 17 of these Terms and confer no other rights of any form with respect to the Company or its corporate affiliates, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or other financial or legal rights. You are purchasing STE Tokens to support development of the Streamex Platform and to receive rights described in Appendix A, clause 17 and to support testing, deployment and operation of Streamex. You are not purchasing STE Tokens for any other uses or purposes, including, but not limited to, any investment, speculative or other financial purposes.
22. The Participant fully understands, realizes and agrees that the STE Tokens are created on a blockchain and are designed to be used in the manner described in Accompanying Documents Participant agree to accept consequences of possible regulation of STE Tokens in jurisdiction of the Company incorporation and agree to provide all documents requested from Streamex in case of such regulation in order to comply with all requirements demanded from governmental bodies of jurisdiction of Company incorporation.
23. Streamex does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Streamex shall not be liable for uninterrupted availability of the Website at all times, in all countries and/or all geographic locations, or at any given time.
24. The Participant will not forge, or otherwise manipulate any personal or non-personal data requested by Streamex in the process of the Participant’s registration (will not use the VPN or other means of distorting the data), or after its completion, will provide all necessary personal or non-personal data in the form and format requested by the Streamex in the event when such necessity arises in connection within the requirements of anti-money laundering and "Know Your Customer" (KYC) frameworks of the Streamex or in accordance with the applicable law.
25. The Participant’s purchase of the STE Tokens complies with applicable laws and regulations in the Participant’s jurisdiction.
26. The Participant does not intend to hinder, delay or defraud Streamex or any other Participants of the Streamex Platform or engage in any illegal conduct and or unlawful activity in relation to money laundering, receiving the proceeds of drug trafficking or terrorist activities; receiving the proceeds of criminal activities, terrorist activities or trading with such countries as might from time to time be subject to any embargo imposed by the Security Council of the United Nations, the European Union or in any place of the world.
27. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied Terms in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to You.
28. Streamex has valid, unrestricted and exclusive ownership of rights to use the patents, trademarks, trademark registrations, trade names, copyrights, know-how, technology and other intellectual property necessary to the conduct of selling of the STE Tokens and his activities generally. In no way shall these Terms entitle any Participant for any intellectual property of Streamex, including the intellectual property rights for the Website and all text, graphics, Participant interface, visual interface, photographs, trademarks, logos, artwork, and computer code, design, structure, selection, coordination, expression and other content connected to the Website. Arrangement of such content is owned by Streamex and is protected by national and international intellectual property rights protection laws.
29. Unless otherwise stated, the content and information on the Website are the property of Streamex. You may not download, reproduce, or retransmit any information, other than for non¬commercial individual use. The Website is to be used by the Participants only. You are granted a limited, non¬transferable, revocable license to view and copy the information solely for personal use only, subject to clause 30 of these Terms.
30. All intellectual property rights comprised in the information, text, graphics, logos, images, audio clips, data compilations, scripts, software, technology, sound or any other materials or works found in the Website shall vest in and remain property of Streamex. You are permitted to download and print such materials from the Website for personal and non¬commercial use provided that You do not breach these Terms and conditions
31. Streamex retain all intellectual property rights, mostly, but not limited, to copyright, over the source code forming STE Tokens.
32. There are no implied licenses under the Terms, and any rights not expressly granted to the Participant hereunder are reserved by the Streamex.
33. If for the purpose of any intellectual property right registration of the Streamex, any documentary submission or any other action is required from the Participant, the Participant must provide the Streamex with the respective assistance.
34. These Terms are intended to fully reflect the provisions of the original agreement between the parties. No provision of the Agreement shall be considered waived unless such waiver is accepted by the party that benefits from the enforcement of such provision by action of a click in a specific check box with the text “I agree”, which shall be published on the Website in such case. No waiver of any provision in the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Agreement will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.
35. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining Terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
36. All questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by and construed and enforced in accordance with the laws of Hong Kong (Applicable Law).
37. To resolve any dispute, controversy or claim between Parties arising out of or relating to these Terms, or the breach thereof, the Parties agree first to negotiate the issue in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other Party. If negotiations failed to solve dispute, such dispute shall be referred to and finally resolved by arbitration under the rules of the Hong Kong International Arbitration Centre, [HKIAC].
38. No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to this Agreement is personal to you and Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
39. Notwithstanding anything contained herein, Streamex reserve the right, without notice and at its sole discretion, to terminate these Terms or suspend the Participants right to access the Website, including (but not limited to) in case of Participant’s breach of these Terms or if the Streamex believes You have committed fraud, negligence or other misconduct. The Participant may terminate these Terms without notice by discontinuing use of the Website. All rights granted to the Participant under these Terms will immediately be revoked upon our termination of these Terms or Streamex suspension of the Your access to the Website. In the event of any Force Majeure Event (as defined in clause 11), breach of these Terms, or any other event that would make provision of services commercially unreasonable for Streamex, the Company may, in its own discretion and without liability to the Participant, with or without prior notice, suspend the Participant’s access to all or a part of Streamex Platform. Streamex may terminate the Participant’s access to the Website in its sole discretion, immediately and without prior notice, and delete all related information and files related to such participant without liability to You, including, for instance, in the event that the Participant breach any term of these Terms. In the event of termination, Streamex will attempt to return any funds stored in Your smart contract number not otherwise owed to Streamex, unless Streamex believes the Participant has committed fraud, negligence or other misconduct.
40. Any notice or other communication under the Streamex Token Sale Agreement shall be in writing and shall be considered given and received when sent by email. The Participant’s official email for communication shall be deemed the email specified by the Participant during the Application for ICO.
41. The Streamex and its Affiliates strictly follow “anti-money laundering” (AML), “know your customer” (KYC) and other banking or government regulations in respective jurisdictions. Each and any Participant fully agrees to assist the STREAMEX in fulfilment of the mentioned regulations and provide any necessary information if such is required from the Participant by the authorized authority.
42. Materials, such as Streamex White Paper and others, published in the Website or elsewhere, are not binding and do not – unless explicitly referred to herein – form part of these Terms, and are of descriptive nature only.
43 The Participant will implement reasonable and appropriate measures designed to secure access to:
43. In case the Participant suspect a security breach in any of the above-mentioned, he will inform Streamex immediately so Streamex can take all required and possible measures to secure the Website, the Platform, STE Tokens and systems as whole.
1. STE Tokens are based on the Ethereum protocol and conform to the ERC-20 standard.
2. Tokens smart contract address will be published in due time and will be available in the User Account only after the successful completion of the KYC procedures, which are prescribed in this Terms and Accompanying Documents. It is impossible from the technical point of view to buy STE Tokens without completing of the KYC procedures.
3.STE Tokens carry no rights, expressed or implied other than those set out herein, subject to STE successful completion and deployment of the project. In particular, STE Tokens holders shall not have any influence in the development or governance of STE, and STE Tokens do not represent or constitute any ownership right or stake, share or security or equivalent rights or any right to receive future revenue shares, or any other form of participation in or relating to STE.
4. STE Tokens shall be distributed during the Token Sale event.
5. STE Token Sale (“ICO”) period or event is divided into the 3 parts:
5.1. The Streamex ICO, unlike many others projects, do not have a minimum amount of funds, which are required to be collected for consideration of the ICO successful (also referred as to the “Soft Cap”). From the other hand, Streamex have a maximum targeted amount of funds to be raised, after which conduct of the ICO shall be stopped (“Hard Cap”). Hard Cap is equal to 14 200 000 USD.
6. Participants understand and accept, that the they can send an amount of ETH (Ethereum), BTC (Bitcoin), equal to
7. Minimum Purchase Amount varies depending from the part of the Token Sale.
Maximum Purchase Amount is not set. Minimum and maximum Purchase Amounts can be changed on Company’s sole discretion.
8. There will be in total 500 000 000 Tokens available (“Total STE Tokens Amount”). Only 48% of them will be sold during Token Sale. Streamex shall not create additional STE Tokens at any time after the initial token release. All unsold tokens, after the Token Sale is finished, will be offered via the Platform for the fix price of 0.12 USD per STE Token. All of the Tokens are of equal value and functionality.
9. Applicable exchange rate for cryptocurrencies is set accordingly to the cost of ETH, BTC, at ://www.coinmarketcap.com at the closing price immediately preceding the date when the payment has been received by the Company;
10. Company will make available at the Website https://www.Streamex.io/ or any related subdomain thereof registration of User Account to facilitate the procedure of purchase and receipt of the Tokens. After the Streamex ICO is finished, previous User Accounts, which were used by the Participants for the purchase of the STE, will be transferred on the Platform and all information, balances will be transferred there and may be engaged for the Platform usage. To purchase the Tokens through the User Account, Purchaser shall:
Any other offers concerning STE Tokens Sale presented on any other websites or internet resources shall be considered null and void and shall not put any obligations upon the Company (this provision may do not apply to personal or individual TSA’s, which Streamex may conclude with certain Participants, conditions of which may vary from mentioned hereof).
11. STE Tokens shall be distributed in the following manner:
12. Streamex reserves the right to an emergency stop functionality to stop the distribution process. Use of this functionality shall remain in discretion of Streamex and shall only be used in limited situations, such as, but not limited to:
13. STE Tokens distribution will be offered only through the Website. No third-party website or a different provider except ones listed herein is allowed and has not been in any way supported, engaged, authorized or endorsed by Streamex and have no relationship in any way with Streamex. The only official and authorized website and STE Tokens distribution provider is the Website available in the Internet via https://www.Streamex.io/ The Participant must ensure that the URL of your web browser indicates that it is using a hypertext transport protocol secure connection (“https”) and that the domain name is correct (this provision may do not apply to personal or individual TSA’s, which Streamex may conclude with certain Participants, conditions of which may vary from mentioned hereof).
Streamex reserves the right to use services of third party services for processing of payments for STE Tokens.
14. STE Tokens is not a consumer product and its holders accept explicitly and agree to it that they are not covered by the consumer protection regulation of any jurisdiction.
15. STE Tokens are digital cryptographic Tokens which are software digital products (not being cryptocurrency), created by Streamex as a cryptographically secured representation of an operational instrument which give the Participant the right to use STE Tokens on the Platform as well as receive the following rights:
16.The Purchase Amounts made by Purchasers for STE are final, thus, no refunds are cancelations offered.
17. As were said in the art.1, the Tokens are being created as ERC-20 tokens on the Ethereum protocol. We reserve the right to migrate the ERC-20 based Tokens to another protocol and to generate replacement Tokens on the new protocol in the future, should we determine, in our sole discretion, that doing so is necessary or useful to the operation of the Platform.
18. Should we decide to migrate the Tokens, we may no longer provide support for the Tokens on the Ethereum protocol relating to the Ecosystem, the Services, or any other operational matters, except with respect to the migration process. Although Company does not at this time anticipate that it will require any Token holders to convert their Tokens on the Ethereum protocol to Tokens on another protocol, Company anticipates there will be significant incentives for owners of Tokens on the Ethereum protocol to do so, since the practical utility of such Tokens will likely diminish rapidly once the replacement Tokens are created and in use by a significant portion of Ecosystem participants.
Accordingly, by accepting these Terms you acknowledge and agree that in order for you to continue to participate in the Ecosystem or obtain utility from the Tokens you may need to convert the Tokens you purchase during the Streamex Token Sale to replacement Tokens in the future
Should we decide to migrate the Tokens, we will notify you via the email address you provided to us at the time of the Token Sale. You are solely responsible for updating us should your contact information change.
The Participant understand that STE Tokens, blockchain technology, Ethereum, Ether and other associated and related technologies are new and untested and outside of Streamex’ exclusive control and adverse changes in market forces or the technology, broadly construed, may prevent or compromise Streamex performance under these Terms.
Participant agree that no other party (including, without limitation any) may be held liable for any loss arising out of, or in any way connected with Participant’s participation in the STE Tokens-sale, or receiving and holding Tokens or such risk.
In addition to the above, the Participant also acknowledge that prior to receiving Tokens he have been warned of the following risks, associated with the Website, the Streamex Tokens, the Platform and other relevant technologies mentioned herein:
A) Legal risks regarding securities regulations
There is a risk that in some jurisdictions the STE Tokens might be considered to be a security, or that it might be considered to be a security in the future. Streamex does not give warranties or guarantees that STE Tokens are not a security in all jurisdictions. Each holder of STE Tokens shall bear its own legal or financial consequences of STE Tokens being considered a security in their respective jurisdiction.
Every Participant is bound to check if acquisition and disposal of STE Tokens is legal in his jurisdiction, and by accepting these Terms, each Participant undertakes not to use STE Tokens should their use not be legal in the relevant jurisdiction. If a Participant establishes that the use of STE Tokens under these Terms is not legal in his jurisdiction, You should not use the STE Tokens, not acquire them and should immediately stop using or possessing them if such case arises.
Acquiring cryptographic Tokens for personal possession and exchanging them for other cryptographic Tokens will most likely continue to be scrutinized by various regulatory bodies around the world, which has so far given mixed reactions and regulatory impact. The legal ability of Streamex to provide STE Tokens and the Platform in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree certainty that STE Tokens are not legal in certain jurisdiction, Streamex will either:
B) Risks associated with Ethereum
STE are based on Ethereum blockchain. As such, any malfunction, unintended function or unexpected functioning of the Ethereum protocol may cause the STE Tokens to malfunction or function in an unexpected or unintended manner. Ether, the native unit of account of the Ethereum may itself lose value in ways similar to STE Tokens, and also other ways.
C) Risk of unfavourable regulatory action in one or more jurisdictions
Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and STE Tokens could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of digital Tokens like STE Tokens, which could impede or limit their existence, permissibility of their use and possession, and their value.
D) Risk of theft and hacking
Hackers or other groups or organizations may attempt to interfere with Your Third-party Wallet, the Website or the availability of STE Tokens and Digital Assets in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. You hereby agree that Streamex shall have no liability for any such loss the Participant incur.
E) Risk of security weaknesses in the Website and/or STE Tokens source code or any associated software and/or infrastructure
There is a risk that the Website and STE Tokens may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of STE Tokens.
F) Risk of weaknesses or exploitable breakthroughs in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies, Ethereum, STE Tokens, the Platform, which could result in the theft or loss of STE Tokens.
G) Risk of mining attacks
As with other decentralized cryptocurrencies, Ethereum blockchain, which is used for the STE Tokens, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present a risk to the STE Tokens, expected proper execution and sequencing of STE Tokens, and expected proper execution and sequencing of Ethereum contract computations in general. Despite the efforts of Streamex and Ethereum Foundation, the risk of known or novel mining attacks exists. Mining Attacks, as described above, may also target other blockchain networks, with which the STE Tokens interact with and consequently the STE Tokens may be impacted in that way to the extent, described above.
H) Risk of uninsured losses
STE Tokens are unlike bank accounts or accounts at some other financial institutions and are entirely uninsured.
I) Risk of malfunction in the Ethereum network or any other blockchain
It is possible that the Ethereum network or any other network, to which the STE Tokens are interacting with, malfunctions in an unfavourable way, including but not limited to one that result in the loss of STE Tokens
J) Internet transmission risks
The Participant acknowledge that there are risks associated with using the STE Tokens including, but not limited to, the failure of hardware, software, and Internet connections. The Participant acknowledge that Streamex shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Website and STE Tokens, howsoever caused.
K) Unanticipated risks
Cryptocurrencies and blockchain are new and untested technology. In addition to the risks set forth here, there are risks that Streamex cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. Risks may further materialize as unanticipated.
L) Insufficient interest in Streamex, the Platform and STE Tokens
It is possible that Streamex, STE Tokens or Platform will not be used by a large number of individuals, businesses and other organizations and that there will be limited public interest in the creation and development of its functionalities. Such a lack of interest could impact the development of the Platform.
M) STE Tokens and the Platform, as developed, may not meet the Participant’s expectations
The Platform is currently under development and may undergo significant changes before release. The Participant’s expectations regarding the form and functionality of the Platform and STE Tokens may not be met upon release of new Website, deployment of the Platform, additional products and services for any number of reasons, including a change in the design , business model, and implementation plans and execution of the implementation of STE Tokens.