TERMS AND CONDITIONS

These Terms of Use (“Terms”) are entered into between you and Phaos LLC (Phaos LLC are referred to as “Decentralized Authority,” “POKT.me,” “we,” “us,” or “our”). All references to “you” or “your” (as applicable) mean the person or the organization who accesses or uses the Websites and Services (as defined below) in any manner.

By accessing or using the Websites and Services, you agree to be bound by these Terms and any other rules or policies that we adopt and publish from time to time, which are incorporated herein by reference (which collectively constitute the “Agreement“). This Agreement govern your access to and use of the website (URL: https://pokt.me) and its subdomains (the “Websites”) and any products, software, services, accounts, and tools provided by us through the Websites (the “Services”). Your use of any Services is also subject to additional terms notified to you as being applicable to such Services, which also form part of this Agreement. Please do not use the Websites or Services if you do not agree to be bound by this Agreement

Access and Availability

  1. Conditions of Use. Your access and use of the Websites and Services are conditional upon your acceptance of and compliance with this Agreement.
  2. Access and Use by Organization. If you access or use the Website and Services on behalf of an organization, you represent and warrant that you have the authority to enter into this Agreement on behalf of that organization and to bind that organization to such terms (and references to “you” in this Agreement refer to that organization).
  3. Services not offered to Sanctioned Persons. The Websites and Services are not offered to, or intended to be used by, any person or entity that is the subject of sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions. You represent and warrant that neither you nor any party having a direct or indirect beneficial interest in you or on whose behalf you are acting as agent or nominee is such a person or entity and you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations. If this is not accurate or you do not agree, then you must immediately cease accessing our Websites and Services.
  4. Availability. We do not guarantee that the Websites and Services will always be available or uninterrupted. From time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Websites and Services without notice and reserve the right to do so for business or operational reasons.
  5. Withdrawal and Amendments. We reserve the right to withdraw and/or amend any features of the Websites and Services without notice (save to the extent otherwise set out in these Terms) and we accept no liability, no matter how that may be caused, arising from us doing so.

Accounts and Security Information

  1. Account Registration. You may be required to register an account with us to have access or use some of our Services. Your registration for and use of our accounts are subject to the additional terms of use notified to you at the time of your account registration, which form part of this Agreement.
  2. Security Information. To use our Website and Services, you may be required to choose, or be provided with, a user identification code, password or any other piece of information as part of the Websites’ security procedures (the “Security Information”). You shall treat such Security Information as confidential and you must not disclose it to any third party.
  3. Liability. We are not liable for any loss or damage that you may incur as a result of someone else using or accessing your Security Information to access or use the Websites and Services, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else’s access to or use of the Websites and Services via the use of your Security Information.

Data Privacy

  1. Privacy Policy. We are committed to protecting the privacy of your information. Please review our Privacy Policy for details about how we process your personal data in connection with your access and use of the Websites and Services. The Privacy Policy is available here.
  2. Cookies. We use necessary cookies to make the Websites and Services work. We may also use optional cookies to improve our Websites and Services, but you will only get the benefit of such improvements if you enable cookies through your browser settings. For more information about how we use cookies, please read our Privacy Policy.

Open Source Software

  1. Download and Availability. We may make the source code for certain software we develop available for download as open source software on the Websites or on https://github.com/. If you use any such open source software, you agree to be bound by and comply with the license terms that apply to such open source software. You will not indicate that you are associated with us in connection with your use, modifications or distributions of such open source software.
  2. License Terms. If we host any proprietary software and enable you to access and use such software through the Websites and Services, then this Agreement will apply to such access and use, in addition to any license agreements that we may enter into with you.

Intellectual Property

  1. Ownership. The Websites and Services are owned by us and protected by copyright, trademark, and other intellectual property rights and laws of applicable countries, unless otherwise specifically indicated. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in this Agreement. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Websites and Services are our property, unless otherwise stated.
  2. Prohibitions. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Websites and Services for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law. You may not copy any part of the materials on the Websites and Services without our express prior written authorization and subject to our copyright notice being affixed to the copied material. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any of our patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in this Agreement.
  3. No Transfer. By using the Services, no right, title, or interest in or to the Websites and Services is transferred to you. All rights are reserved by us.
  4. Use of Materials. Except as otherwise indicated elsewhere on the Websites, you may view, download and print the materials available on the Websites subject to the following conditions:
    1. the materials must be used solely for personal, informational, internal, non-commercial purposes;
    2. the materials must not be modified or altered in any way;
    3. the materials must not be distributed;
    4. you must not remove any copyright or other proprietary notices contained in the materials;
    5. we reserve the right to revoke the authorization to view, download, and print the materials available on the Websites at any time, and any such use shall be discontinued immediately upon written notice from us; and
    6. the rights granted to you constitute a non-exclusive license and not a transfer of title.

Third-Party Resources

  1. Third-Party Resources. We may display information, links and other material on our Websites relating to third-party software, hardware, services, networks, blockchains (whether public or private), websites or other resources (collectively, the “Third-Party Resources”) for your convenience only. Your use of any Third-Party Resources, and any third party that provides any Third-Party Resources, are solely between you and such third parties and is governed by such licenses and terms of use as specified by such third parties, and we are not responsible or liable in any manner for such use or interactions.
  2. Availability; Disclaimer. We are not responsible for any Third-Party Resources and all materials about them are provided on an “as-is” and “as available” basis. Any copyright or other intellectual property rights in the Third-Party Resources remain the property of their respective authors and owners. The inclusion of any materials does not constitute approval, endorsement or recommendation by us of any Third-Party Resources or any third party, and we disclaim all responsibility and liability for your use of any Third-Party Resources.
  3. No Warranty. No information obtained by you from our Websites shall create any warranty in respect of any Third-Party Resources. We make no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resources, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resources.
  4. Updates and Amendments. Third-Party Resources may be updated, changed or terminated at any time, and any materials provided on our Websites may be or become out of date or inaccurate.
  5. Third-Party Blockchain Services. Our Services may contain or require the use of third-party blockchain services or technologies, including blockchains created and maintained by others (“Third-Party Blockchain Services”). We make no representation or warranty as to the accuracy, completeness, reliability, merchantability, or fitness for a particular purpose of Third-Party Blockchain Services accessed through our Services nor any commitment. Usage of and reliance on such Third-Party Services are entirely at your own risk.
  6. Protection and Back-up. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third-Party Blockchain Services. We are not liable for any damages that you suffer in connection with any Third-Party Blockchain Services, including without limitation in connection with accessing, relying on, downloading, installing, using, modifying or distributing any Third-Party Blockchain Services.

Warranties and Disclaimers

  1. ‘As is’ / ‘as available’. The Websites and Services are provided on the “as is” and “as available” basis without warranty or condition of any kind, either express or implied, including, but not limited to, the implied terms of satisfactory quality, merchantability or fitness for a particular purpose.No Warranty. We make no representation or warranty nor accept any obligation to ensure that:
    1. the Websites and Services will meet your requirements;
    2. the Websites and Services will be uninterrupted, timely, secure, or error-free;
    3. the results that may be obtained from the use of the Websites and Services will be effective, accurate or reliable; and
    4. the quality of any Websites or Services will meet your expectations.
  2. Survival. The disclaimers and exclusions set out in this Agreement survive any termination or expiration of your access to or use of the Websites and Services and any termination or expiry of this Agreement.

Limitation of Liability and Indemnification

  1. Limitation of Liability. In no event shall we be liable for damages of any kind (including any direct, indirect, special, incidental, consequential, or punitive damages) arising out of or in connection with your access to, use of, or inability to use, the Website and Services. In addition, we are not liable for any errors, omissions, misstatements, or misrepresentations (whether express or implied) concerning any information on the Websites or Services.
  2. Indemnification. You shall indemnify, defend, and hold us, and our directors, officers, agents, representatives, co-branders or other partners, and employees, harmless from and against any claim, demand, suit, proceeding, cause of action, including all reasonable attorneys’ fees and expenses, made by any third party or suffered or incurred by us or them as a result of, arising out of or in connection with:
    1. the content you submit, transmit, store or process through the Websites and Services;
    2. your conduct in connection with the Websites or Services;
    3. your access to or use of the Websites and Services;
    4. your violation of this Agreement (inclusive of all terms relating to any Services); or
    5. your violation of any rights of another person or entity.

Acceptable Use Policy

  1. Acceptable Use. You must only use the Website and Services for their stated or intended purpose and in accordance with this Agreement and all applicable laws and regulations. If you acquire POKT tokens (“POKT”) through the Website and Services, you agree to acquire POKT subject to the Company’s POKT purchase terms and conditions.
  2. Unacceptable Use. You must not, and must not permit any person to:
    1. interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others’ use or enjoyment of the Websites and Services;
    2. attempt to do anything that does or could interfere with, disrupt, negatively affect or inhibit other users from using the Website and Services or links on the Websites or that could damage, disable, overburden or impair the functioning of the Websites, Services or our servers or any networks connected to any of our servers in any manner;
    3. create a false identity for the purpose of misleading or deceiving us or others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Websites or our representatives, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
    4. mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
    5. disguise the origin of any material transmitted via the Websites and Services (whether by forging message/packet headers or otherwise manipulating normal identification information);
    6. violate, infringe or misappropriate any intellectual property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
    7. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
    8. access any content, area or functionality of the Websites and Services that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Websites or Services;
    9. obtain unauthorized access to or interfere with the performance of the servers which host the Websites and Services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
    10. gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
    11. obtain any materials or information through any means not intentionally made available through the Websites and Services;
    12. harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;
    13. use any part of the Websites and Services other than for its intended purpose;
    14. use any automated means or form of scraping or extracting any data, content or information on the Websites and Services unless it is expressly authorized by us;
    15. engage in any act that undermines or compromises the security and integrity of the computer, communication systems, networks, software application, or other computing devices used in connection with the Websites and Services;
    16. monitor traffic on the Websites and Services, or permit anyone to do so;
    17. engage in or promote any activity that violates this Agreement; and
    18. attempt to do any of the foregoing.

No Solicitation or Advice

  1. No Offer; No Solicitation. The information and any materials contained in the Websites or Services should not be considered as an offer or solicitation to buy or sell POKT, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction. Specifically, Phaos LLC may provide information about POKT and Pocket Network, Inc. and may provide services to Pocket Network, Inc. by helping facilitate communication and paperwork between you, Pocket Network, Inc. and any 3rd parties authorized by Pocket Network, Inc.. The availability of this service does not entitle users to POKT and does not constitute an offer or solicitation to purchase POKT.
  2. No Advice. The information contained on or in the Websites and Services is not intended to provide and should not be construed as advice of any kind. You shall not use the Websites and Services as a substitute for independent and competent financial judgement and you should obtain appropriate professional advice when necessary.

General Release

To the fullest extent permitted by applicable laws and regulations, you release us and our directors, officers, agents, representatives, co-branders or other partners, and employees 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.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AS WELL AS ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Miscellaneous

  1. Governing Law. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of Florida, without giving effect to principles of conflicts of law.
  2. Dispute Resolution Forum. The courts of the state of Florida, or the federal courts of the United States located in Florida, shall have exclusive jurisdiction in the event of any dispute between you and us that arise out of or in connection with your access or use of the Website and Services.
  3. Right of Modification. We reserve the right to amend this Agreement at any time. You will know if this Agreement have changed since the last time you reviewed it by checking the “Date of Last Update” section below or in the relevant terms of use for any Service. BY CONTINUING TO USE OUR WEBSITES AND SERVICES AFTER CHANGES HAVE BEEN POSTED, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THE LATEST VERSION OF THIS AGREEMENT.
  4. Termination Without Notice. We may terminate this Agreement at any time without notice to you if we believe, in our sole discretion, that you have breached, or may breach, any term or condition of this Agreement, or for our convenience. Termination of this Agreement does not affect rights or liabilities, which may have accrued or become due prior to the date of termination or the coming into, or continuance in, force of any provision which is expressly or by implication intended to come into or continue to be in force on or after termination.
  5. Rights in General. We reserve the right, without notice and for any reason, to remove any materials from the Websites, correct any errors, inaccuracies, or omissions in any materials on the Websites, change or update any materials on the Websites. We may deny access to, or suspend or terminate use of, all or any part of the Website and Services for any user(s) at any time and without prior notice, and we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice, unless otherwise indicated in an express agreement between you and us. We are not liable to you or to any third party for any modification, suspension or discontinuance of the Websites or Services.
  6. Suspension. We may suspend your use of the Websites and Services at any time and for any reason, including if we have reason to believe that there is likely to be any breach of security, or misuse of the Websites or Services, or if you breach any of your obligations under this Agreement or the Privacy Policy, or for no reason whatsoever.
  7. Severability. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable laws and regulations, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
  8. No Waiver. The failure by us to exercise or enforce any right or provision of this Agreement does not constitute a waiver of our rights, at law or in equity, or a waiver of any other provisions or subsequent default by you in the performance or compliance with any of this Agreement.
  9. Entire Agreement. This Agreement and any other policies or rules posted by us on the Websites constitute the entire agreement and understanding between you and us and govern your access and use of the Websites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of this Agreement).
  10. Assignment. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law, contract, or otherwise.

Contact

If you have any questions or feedback about this Agreement, please contact us at:

Phaos LLC

shane@decentralizedauthority.com

Date of Last Update: October 8, 2020