Ethereum Movie Venture
GENERAL TERMS AND CONDITIONS
for users acquiring Ethereum Movie Venture tokens
READ THESE TERMS AND CONDITIONS („TERMS“) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT http://ico.swisscoast.com/, or http://emovieventure.com/ („WEBSITE“) AND PRODUCTS OFFERED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE NOR ITS PRODUCTS. YOU MAY BE REFERRED TO YOU OR THE ENTITY YOU REPRESENT.
Verein aKenEvilThing (“aKenEvilThing”) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THE MODIFIED TERMS.
THIS DOCUMENT OR ANY OTHER DOCUMENT, PRODUCED AND SIGNED BY aKenEvilThing, DOES NOT CONSTITUTE AN OFFER OR SOLICITATION TO SELL SHARES OR SECURITIES IN aKenEvilThing OR THE WEBSITE OR THE PRODUCTS OFFERED THERETO. NONE OF THE INFORMATION OR ANALYSES PRESENTED ARE INTENDED TO FORM THE BASIS FOR ANY INVESTMENT DECISION, AND NO SPECIFIC RECOMMENDATIONS ARE INTENDED, AND aKenEvilThing SERVICES AND THE WEBSITE ARE NOT, DO NOT OFFER AND SHALL NOT BE CONSTRUED AS INVESTMENT OR FINANCIAL PRODUCTS, BUT AS A COPYRIGHT ARTISTIC CREATURE. ACCORDINGLY, THIS DOCUMENT DOES NOT CONSTITUTE INVESTMENT ADVICE OR COUNSEL OR SOLICITATION FOR INVESTMENT IN ANY SECURITY AND SHALL NOT BE CONSTRUED IN THAT WAY. THIS DOCUMENT DOES NOT CONSTITUTE OR FORM PART OF, AND SHOULD NOT BE CONSTRUED AS, ANY OFFER FOR SALE OR SUBSCRIPTION OF, OR ANY INVITATION TO OFFER TO BUY OR SUBSCRIBE FOR, ANY SECURITIES.
ACQUISITION OF CRYPTOGRAPHIC TOKENS FROM AKENEVILTHING DOES NOT PRESENT AN EXCHANGE OF CRYPTOCURRENCIES FOR ANY FORM OF ORDINARY SHARES IN THE AKENEVILTHING OR THE WEBSITE, AND HOLDER OF ANY CRYPTOGRAPHIC TOKENS, ISSUED BY AKENEVILTHING IS NOT ENTITLED TO ANY GUARANTEED FORM OF DIVIDEND OR OTHER REVENUE RIGHT. HOLDERS OF AKENEVILTHING CRYPTOHGRAPHIC TOKENS ARE ONLY ENTITLED TO A LIMITED RIGHT OF THE USE OF THE-PITTS-CIRCUS MOVIE IF IT IS SUCCESSFULLY PRODUCED AND FILMED IN ACCORDANCE WITH THE TERMS SET OUT HEREIN.
aKenEvilThing EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM: (I) RELIANCE ON ANY INFORMATION CONTAINED IN THIS DOCUMENT, (II) ANY ERROR, OMISSION OR INACCURACY IN ANY SUCH INFORMATION OR (III) ANY ACTION RESULTING THEREFROM, (IV) USAGE OR ACQUISITION OF PRODUCTS, AVAILABLE THROUGH THE WEBSITE.
1.1 The following terms shall have for the purposes of these General terms and conditions the following meanings.
(a) “Digital Asset” are tokens, available in particular public blockchain network, in this case Bitcoin and Ethereum
(b) “European Economic Area” or “EEA” shall mean all EU countries and in addition Iceland, Liechtenstein and Norway.
(c) “aKenEvilThing IP” has the meaning, set out in 12.4
(d) “aKenEvilThing” means Verein aKenEvilThing, a non-profit association incorporated in Switzerland for indefinite time in accordance with articles 60 ff. Swiss Civil Code.
(e) “Platform” shall have the meaning, set out in 2.2.
(f) “Restricted Areas” shall have the meaning, set out in 6.1.
(g) “Terms” means these General Terms and Conditions.
(h) “Third-party Wallet” is a software solution, enabling users to store their Digital Assets, which is not hosted at aKenEvilThing or at the Platform.
(i) “VAT” means value added tax of relevant jurisdiction, if applicable.
(j) “Website” shall mean http://ico.swisscoast.com/ or http://emovieventure.com/.
- The Project
2.1 The Movie
(a) aKenEvilThing is developing an independent movie titled “The-Pitts-Circus”, which is projected to be released in 2018 (the “Movie”).
(b) The Movie is a feature length comedy movie incorporating the skills, comic talent and uniqueness of a real Australia circus family. The Pitts Circus family have been touring five continents with their show. Cecil Pitt is also an accomplished musician being one of the Barkers Vale Brothers. He will be responsible for the soundtrack of the movie as he was in all of the Karnydale episodes. The Family will feature: the two parents, a 11-year-old boy, a 6-year-old girl and a 1 year old boy. The film features also 3 swiss actors and scenes in Switzerland
(c) The authors of the script are Tony Caradona (CH) and Ken Fanning (IRL).
(d) The envisaged schedule is the following:
(i) 2017 Jan/Feb shooting in Western Australia
(ii) 2017 March shooting in Switzerland
(iii) 2017 May-December post production & digital development (games, virtual reality adaption)
(iv) 2018 Jan-March film festivals all over the world
(v) 2018 April-December screening/airing/streaming on various vectors
(e) The core team members are: Ken Fanning (Ireland) Author & Director, Tony Caradona (Switzerland) Author & Producer, Tina Segener (Sweden) Digital Space Koordination (games & virtual spaces), Bronte Webster (Australia) Artist – Actress, Gareth Bjaaland (Australia) Musician – Artist – Actor, Constanza Beckelmann (Switzerland) Backoffice & Music, Matto Kämpf (Switzerland, Actor), Carlos Henriquez (Switzerland, Actor)
(f) The Movie will be shot in the following locations: South-west of Western Australia and the Bernese Oberland (Switzerland)
2.2 The Platform
The vision of the project is to develop a blockchain funded independent movie production company that a) brings back the proceeds to the consumers and token holders, b) fosters the advantages of Ethereum and shows the mainstream consumers how easy and pleasant it is to use blockchain technology. aKenEvilThing may use the proceeds from the Movie to either fund new movie projects or to make them available to the MVE token holders or a combination of them or may give MVE token holders a right to vote on proceeds allocation, all in accordance with the terms set herein. At the stage of issuance of these Terms, aKenEvilThing is focused only on producing the Movie as a showcase of potential of blockchain funded independent movie production.
- ETHEREUM MOVIE VENTURE structure and pertaining holders’ rights
3.1 ETHEREUM MOVIE VENTURE token as a smart contract has already been created and publish in Ethereum blockchain with contract address 0xB802b24E0637c2B87D2E8b7784C055BBE921011a. ETHEREUM MOVIE VENTURE token is an ERC-20 standard Ethereum token.
3.2 ETHEREUM MOVIE VENTURE token gives its holders two basic scopes of rights:
(a) Utility (it can be used as a ticket for the Movie),
(b) Voting right by membership in the aKenEvilThing,
(c) Certain rights to the Movie as set out herein.
3.3 ETHEREUM MOVIE VENTURE tokens will give their holders a right to view the Movie.
3.4 From time to time aKenEvilThing may hold a poll to elicit the opinion of ETHEREUM MOVIE VENTURE holders. Poll results will be considered in decisions made concerning the financial or technical direction or implementation of decisions of aKenEvilThing. However, the outcome of a poll will not, in any circumstances, be binding on aKenEvilThing or enforceable by Ethereum Movie Venture Token holders.
3.5 ETHEREUM MOVIE VENTURE tokens will give their holders a limited right (license) to the Movie and other projects, developed by aKenEvilThing, if and to the extent the Movie and other projects have been successfully completed and deployed (“License”). The content of the License is the following:
(a) The License is not exclusive.
(b) The License is transferable by way of transfer of the ETHEREUM MOVIE VENTURE token to another holder.
(c) The License may be due to justifiable reasons revoked by aKenEvilThing.
(d) The License is not limited in time or restricted as to the geographic area.
(e) The ETHEREUM MOVIE VENTURE token holders may receive up to 75% of the net profits, generated by the Movie, as royalties for the duration of the copyright, which is at the time of publishing these Terms 20 years.
(f) ETHEREUM MOVIE VENTURE token holders have in respect of the Movie or other aKenEvilThing projects:
(i) a right to view them or otherwise consume for their private or personal needs,
(ii) a right to make up to 5 copies for their personal consumption,
(iii) a right to present, transmit or broadcast in cases of non-profit activities, but limited only to such profit activities,
(iv) no right of reproduction,
(v) no right of public performance,
(vi) no right of public transmission,
(vii) no right of public communication by phonograms and video grams,
(viii) no right of public presentation,
(ix) no right of broadcasting or rebroadcasting or secondary broadcasting,
(x) no right of making available to the public,
(xi) no right of transformation,
(xii) no right of audio-visual adaptation,
(xiii) no right of distribution,
(xiv) no rental right.
3.6 ETHEREUM MOVIE VENTURE carries no rights, express or implied, other than the ability to receive rewards, if aKenEvilThing successfully completes and deploys the Movie. In particular, ETHEREUM MOVIE VENTURE holders will not have any influence in the development or governance of aKenEvilThing, and ETHEREUM MOVIE VENTURE 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 aKenEvilThing.
3.7 ETHEREUM MOVIE VENTURE tokens are tradeable and can currently be traded on platforms idex.market and Ether.Delta. aKenEvilThing gives no warranties that ETHEREUM MOVIE VENTURE tokens will remain tradeable on the mentioned exchanges or that they would be tradeable on other exchanges, but undertakes on best effort bases to do everything that is reasonable possible and within the powers of aKenEvilThing to enable trading of ETHEREUM MOVIE VENTURE tokens on as many exchanges as possible.
- Ethereum Movie Venture (ETHEREUM MOVIE VENTURE) token distribution
4.1 ETHEREUM MOVIE VENTURE token distribution will be executed through the Website. Contributions, given to the aKenEvilThing in exchange for ETHEREUM MOVIE VENTURE tokens shall be considered a donation. Donation can be done in Digital Assets. Failure to follow the instructions on the Website may limit, delay, or prevent a user from donating.
4.2 There is 6.666.666 of Ethereum Movie Venture Token tokens available in total.
4.3 The funds raised from the Crowdfunding will be applied towards the marketing and development of the Project, as defined above.
4.4 Token distribution is conducted in three phases:
(a) Phase 1
Phase 1 is presented by a hybrid contract located on address 0x0C7c0b72004A7a66fFa780637427fEd0c4FaAc47 and ends on 20th March 2017. Maximal number of ETHEREUM MOVIE VENTURE available is: 4.664.000. The predefined price for ETHEREUM MOVIE VENTURE tokens is 0,0014285 ETH/ETHEREUM MOVIE VENTURE Token. All tokens not sold in Phase 1 are transferred to Phase 2.
(b) Phase 2
Phase 2 is a typical token distribution on Ethereum network, where users can acquire ETHEREUM MOVIE VENTURE tokens in exchange for ETH tokens. Maximal availability of ETHEREUM MOVIE VENTURE tokens is limited to 1.000.000, increased for the number of tokens, allocated to Phase 1, and not sold within Phase 1. Phase 2 starts on 20th March 2017 and end on 15th May 2017. The price is variable and increases every week as follows:
|Time period||Price (ETH/ETHEREUM MOVIE VENTURE)|
|Week 8 and all later||0.1|
All tokens not sold in Phase 2 are transferred to Phase 3.
(c) Phase 3
Phase 3 starts after the end of Phase 2 and ends on 31st December 2017. In Phase 3, 500.000 ETHEREUM MOVIE VENTURE Tokens plus all remaining ETHEREUM MOVIE VENTUREs from Phase 2 are available for distribution in a way that the holders of first 100.000 tickets receive 5 Ethereum Movie Venture Tokens each. If not enough Ethereum Movie Venture Tokens are available, the first holder who cannot get 5 Ethereum Movie Venture Tokens for its ticket, and all following holders do not receive Ethereum Movie Venture Tokens anymore.
If any Ethereum Movie Venture Tokens are remaining after distribution to first 100.000 ticket holders, all the remaining ETHEREUM MOVIE VENTURE from will be evenly distributed on 31st December 2017 at 2am CET among all those who bought an early-bird online movie ticket at tickets4u.io.
4.5 aKenEvilThing reserves its right to change the timing of the phases as defined above. Any such changes will be published on the Website.
4.6 All Ethereum Movie Venture token purchases publicly accessible via the Ethereum blockchain browser like etherscan.io or similar
4.7 aKenEvilThing will provide each user with a unique intermediary Ethereum address so users will be able to verify and confirm that their payment has been received and that such payment has subsequently and automatically been sent the address provided.
4.8 Knowledge of the unique intermediary address from the previous paragraph does not constitute a purchase receipt or indicate in any way that any party possessing such knowledge has rights to or ownership of a Ethereum Movie Venture token.
4.9 Ethereum Movie Venture Token distribution will be executed only via the Website. No third-party website or a different provider is not allowed and has not been in any way supported, endorsed or sanctioned by any aKenEvilThing and have no relationship in any way with aKenEvilThing. The only official and authorised website and Ethereum Movie Venture token distribution provider is the Website. You 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.
4.10 All donations to aKenEvilThing in exchange for Ethereum Movie Venture Token tokens are final and non-refundable. By participating in the Ethereum Movie Venture Token token distribution you acknowledge that aKenEvilThing is not required to provide a refund for any reason, and that you will not receive money or other compensation in lieu of a refund.
5.1 You understand that Digital Assets, Ethereum Movie Venture token, blockchain technology, the Ethereum protocol, Ether and other associated and related technologies are new and untested and outside of aKenEvilThing’s exclusive control and adverse changes in market forces or the technology, broadly construed, will excuse aKenEvilThing’s performance under this agreement.
5.2 In addition to the above, you also acknowledge that you have been warned of the following risks, associated with the Website, the Digital Assets, the Ethereum Movie Venture Token and other relevant technologies mentioned herein.
(a) Legal risks regarding securities regulations
There is a risk that in some jurisdictions the Ethereum Movie Venture tokens and other Digital Assets might be considered to be a security, or that it might be considered to be a security in the future. aKenEvilThing does not give warranties or guarantees that Ethereum Movie Venture Token are not a security in all jurisdictions. Each user of Ethereum Movie Venture tokens shall bear its own legal or financial consequences of Ethereum Movie Venture tokens being considered a security in their respective jurisdiction.
Every user is bound to check if acquisition and disposal of Ethereum Movie Venture Token is legal in its jurisdiction, and by accepting these Terms each user undertakes not to use Ethereum Movie Venture Token should their use not be legal in the relevant jurisdiction.
Acquiring cryptographic tokens in 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 aKenEvilThing to provide Ethereum Movie Venture Token tokens in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree certainty that Ethereum Movie Venture Token tokens are not legal in certain jurisdiction, aKenEvilThing will either a) cease operations in that jurisdiction, or b) adjust Ethereum Movie Venture tokens in a way to comply with the regulation should that be possible and viable.
(b) Risks associated with the Ethereum protocol
Ethereum Movie Venture tokens are based on the Ethereum protocol. As such, any malfunction, unintended function or unexpected functioning of the Ethereum protocol may cause the Ethereum Movie Venture token to malfunction or function in an unexpected or unintended manner. Ether, the native unit of account of the Ethereum Protocol may itself lose value in ways similar to Ethereum Movie Venture tokens, and also other ways. More information about the Ethereum protocol is available at http://www.ethereum.org
(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 Digital Assets and Ethereum Movie Venture 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 Ethereum Movie Venture 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 Ethereum Movie Venture 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.
(e) Risk of security weaknesses in the Website and Ethereum Movie Venture tokens source code or any associated software and/or infrastructure
There is a risk that the Website and Ethereum Movie Venture tokens may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Ethereum Movie Venture 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 platform, Ethereum Movie Venture tokens, which could result in the theft or loss of Ethereum Movie Venture tokens.
(g) Risk of mining attacks
As with other decentralized cryptocurrencies, the Ethereum blockchain, which is used for the Ethereum Movie Venture 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 Ethereum Movie Venture tokens, expected proper execution and sequencing of Ethereum Movie Venture tokens, and expected proper execution and sequencing of Ethereum contract computations in general. Despite the efforts of aKenEvilThing 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 Ethereum Movie Venture tokens interact with and consequently the Ethereum Movie Venture tokens may be impacted also in that way to the extent, described above.
(h) Risk of low or no liquidity
Even though there are currently online service available, which enable possibility of exchange of cryptographic tokens between themselves, and also, some of them enable exchange of cryptographic tokens for fiat money, there are no warranties and/or guarantees given that Ethereum Movie Venture tokens will be listed or made available for exchange for other cryptographic tokens and/or fiat money, and no guarantees are given whatsoever with the capacity (volume) of such potential exchange. It shall be explicitly cautioned, that such exchange, if any, might be subject to poorly-understood regulatory oversight, and aKenEvilThing does not give any warranties in regard to any exchange services providers. Users might be exposed to fraud and failure. In any case, aKenEvilThing will not enable exchange Ethereum Movie Venture tokens for fiat currency. User may not at any given time be able to acquire or dispose of its Ethereum Movie Venture tokens due to lack of liquidity.
(i) Risk of loss of value
Value of Ethereum Movie Venture tokens may fluctuate and their users might suffer loss in value of such acquired tokens. There might be different reasons that would cause unfavourable fluctuations of the value of the Ethereum Movie Venture tokens.
(j) Risk of uninsured losses
Ethereum Movie Venture tokens are unlike bank accounts or accounts at some other financial institutions entirely uninsured.
(k) 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 Ethereum Movie Venture tokens are interacting with, malfunctions in an unfavourable way, including but not limited to one that results in the loss of Ethereum Movie Venture tokens
(l) Internet transmission risks
You acknowledge that there are risks associated with using the Ethereum Movie Venture tokens including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that aKenEvilThing shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Website and Ethereum Movie Venture tokens, howsoever caused.
(m) Unanticipated risks
Cryptocurrencies and blockchains are new and untested technology. In addition to the risks set forth here, there are risks that aKenEvilThing cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. Risks may further materialize as unanticipated.
(n) Insufficient interest in aKenEvilThing and Ethereum Movie Venture tokens
It is possible that aKenEvilThing or ETHEREUM MOVIE VENTURE will not be used by a large number of individuals, businesses and other organisations 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 aKenEvilThing. aKenEvilThing will contract with developers to help build aKenEvilThing products, and is working with third-party developers around the world to create an interest in aKenEvilThing. However, aKenEvilThing cannot predict the success of these development efforts or the efforts of other third parties.
(o) ETHEREUM MOVIE VENTURE, as developed, may not meet your expectations
The Platform and the Movie are currently under development and may undergo significant changes before release. Your expectations regarding the form and functionality of the ETHEREUM MOVIE VENTURE tokens may not be met upon release of new Website, the Movie, additional products and services for any number of reasons, including a change in the design and implementation plans and execution of the implementation of ETHEREUM MOVIE VENTURE.
(p) Ethereum Movie Venture may never be completed or released
The Movie and the platform, described in paragraph 2.2, m
ay never be released and operational, even though aKenEvilThing will make reasonable efforts to complete such platform and the Movie.
5.3 The Ethereum Movie Venture tokens are provided “as is”. We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Ethereum Movie Venture tokens, including any warranty that the Ethereum Movie Venture tokens will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
6.1 The Website and Ethereum Movie Venture tokens are not offered for use to natural and legal persons, having their habitual residence or their seat of incorporation in the following countries: i) the United States of America (“Restricted Areas”).
6.2 Natural and legal persons with their habitual residence or seat of incorporation from the Restricted Areas shall not use the Website and the Ethereum Movie Venture tokens. None of the activities of aKenEvilThing take place in the Restricted Areas.
6.3 aKenEvilThing reserves its right to decide in its own discretion to adopt reasonable organisational and technical measures to assure that the Website and Ethereum Movie Venture tokens are not available to persons from paragraph 6.1. Due to the Ethereum Movie Venture tokens being offered on the Internet (meaning both the world-wide web and the Ethereum blockchain) aKenEvilThing and users understand that there is a possibility that there might be a certain “flow back” of Ethereum Movie Venture tokens to natural and legal persons with their habitual residence or seat of incorporation located in the Restricted Areas. aKenEvilThing consequently explicitly prohibits persons from paragraph 6.1 from using the Ethereum Movie Venture tokens. aKenEvilThing shall not be held liable for any legal or monetary consequence arising of such use. Such persons using Ethereum Movie Venture tokens despite the prohibition shall on first request indemnify and hold harmless aKenEvilThing from any legal or monetary consequence arising of their breach of the terms as described in this paragraph 6.3. Any person, matching the criteria from paragraph 6.1, shall immediately stop using Ethereum Movie Venture tokens and leave the Website.
6.4 If you are registering to use the Platform on behalf of a legal entity, you represent and warrant that
(a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
(b) you are duly authorized by such legal entity to act on its behalf.
6.5 You further represent and warrant that you:
(a) are of legal age to form a binding contract (at least 18 years old in most of the jurisdictions);
(b) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party;
(c) are not located in, under the control of, or a national or resident of any Restricted Areas;
(d) have not been placed on any of the sanctions lists, published and maintained by the United Nations, European Union, any EU country, UK Treasury and US Office of Foreign Assets Control (OFAC); and
(e) will not use the Ethereum Movie Venture tokens if any applicable laws in jurisdiction of your habitual residence or incorporations prohibit you from doing so in accordance with these Terms,
(f) have a deep understanding of the functionality, usage, storage of cryptographic tokens, smart contracts, and blockchain-based software,
(g) have carefully reviewed the content of this document and have understood and agreed with these Terms,
(h) will contribute Ether (ETH) from a Wallet or Wallet service provider that technically supports the Ethereum Movie Venture token,
(i) you are not obtaining Ethereum Movie Venture tokens for the purpose of speculative investment.
- Financial regulation and cooperation with legal authorities and authorized financial institutions and regulators
7.1 The Ethereum Movie Venture tokens are unregulated. aKenEvilThing is closely following changes to legislation in the most relevant jurisdictions in the world and undertakes to act accordingly, if changes impact operations of Ethereum Movie Venture tokens. aKenEvilThing is not a financial institution and is currently not under supervision of any financial supervisory authority. aKenEvilThing does not provide any licensed financial services, such as investment services, fund management or investment advice. This Ethereum Movie Venture token distribution is not a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation.
7.2 This document or any other document, produced and signed by aKenEvilThing, as well as the Website, and any of their content does not constitute an offer or solicitation to sell shares or securities.
7.3 None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended, and aKenEvilThing services and the Website are not, do not offer and shall not be construed as investment or financial products.
7.4 aKenEvilThing undertakes to cooperate with any governmental legal authority or regulator or supervisory authority of any country, and also with all authorized financial institutions.
8.1 aKenEvilThing and its affiliates and their respective officers, employees or agents will in regard to the Website, the Movie and the Ethereum Movie Venture tokens not be liable to you or anyone else for any damages of any kind, including, but not limited to, direct, consequential, incidental, special or indirect damages (including but not limited to lost profits, trading losses or damages that result from use or loss of use of this Website and Ethereum Movie Venture tokens), even if aKenEvilThing has been advised of the possibility of such damages or losses, including, without limitation, from the use or attempted use of Ethereum Movie Venture tokens, the Website or the Movie.
8.2 Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the to the Website, the Movie and the ETHEREUM MOVIE VENTURE tokens, including without limitation as a result of any termination or suspension of the Ethereum network or this agreement, including as a result of power outages, maintenance, defects, system failures or other interruptions; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this agreement or your use of or access to the to the Website, the Movie and the Ethereum Movie Venture tokens; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any data, including records, private key or other credentials, associated with to the Website, the Movie and the Ethereum Movie Venture tokens.
8.3 You waive your right to demand the return of any cryptographic tokens you exchanged with us for the purpose of acquiring Ethereum Movie Venture tokens, including, without limitation, a demand for specific performance.
8.4 You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to any third-party claim concerning this Agreement or your use of the Website, the Movie and Ethereum Movie Venture tokens contrary to these Terms. If we or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorney fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at reasonable hourly rates.
8.5 The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. aKenEvilThing and/or its suppliers may make improvements and/or changes in the Website at any time. aKenEvilThing makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the to the Website, the Movie, the Ethereum Movie Venture tokens, information, software, products, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, the Website, the Movie and Ethereum Movie Venture tokens, all such information, software, products, services and related graphics are provided „as is“ without warranty or condition of any kind. aKenEvilThing hereby disclaims all warranties and conditions with regard to the Website, the Movie, Ethereum Movie Venture tokens, information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
9.1 You will implement reasonable and appropriate measures designed to secure access to (i) any device associated with the email address associated with your account, (ii) private keys required to access any relevant Ethereum address, and (iii) your username, password and any other login or identifying credentials.
9.2 In case you suspect a security breach in any of the abovementioned, you will inform us immediately so we can take all required and possible measures to secure your account, the Website and systems as whole.
9.3 In the event that you are no longer in possession of any device associated with your account or are not able to provide your login or identifying credentials, we may, in our sole discretion, and only if we are able, grant access to your account to any party providing additional credentials to us. We explicitly reserve the right to determine the additional credentials required, which may include, without limitation, a sworn, notarized statement of identity.
10.1 As a principle, aKenEvilThing collects only what we need and will not share your personal information with any third parties other than our identity verification partner. Even within aKenEvilThing, access to your personal information is limited to a subset of employees who work on compliance and identity verification matters. aKenEvilThing is the only data controller and processor.
10.2 You will provide to us, immediately upon our notice of request, information that we, in our sole discretion, deem to be required to maintain compliance with any law, regulation or policy. Such documents include, but are not limited to, passports, driver’s licenses, utility bills, photographs of you, government identification cards, or sworn statements.
10.3 aKenEvilThing reserves its right to request documentation, described in paragraph 10.1, prior to activating your account at any of aKenEvilThing services, and any services, available through the Website. aKenEvilThing may refuse you access to aKenEvilThing services and Website should it have doubts as to validity, authenticity and genuineness of the documents, provided by you.
10.4 aKenEvilThing collects information from running the Website and uses information, provided to us by you. When you visit the Website or use our products, we collect information sent to us by your computer, mobile phone, or other access device. This information may include your IP address, device information including, but not limited to, identifier, name, and type, operating system, mobile network information and standard web log information, such as your browser type, and the pages you accessed on our Website. When you use a location-enabled device with our Website and products, we may collect geographical location data or use various means to determine the location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and wi-fi access spots. However, we will not release your personally-identifying information to any third party without your consent, except as set forth herein.
10.5 If you create an account at our Website we may collect and store the following types of information: Contact information – your name, address, phone, email and other similar information. Before permitting you to use our Website and acquiring Ethereum Movie Venture tokens, we may require you to provide additional information (such as a date of birth, passport number, numbers that you may use or have registered with your local tax authority, or other data which can be used for personal identification purposes and that may be required to comply with applicable laws) so that we can verify your identity or address. We may also obtain information about you from third parties such as identity verification services.
10.6 When you access the Website or use our products or services we (or Google Analytics or similar service provider on our behalf) may place small data files called cookies on your computer or other device. We use these technologies to recognize you as our user; customize our Website and advertising; measure promotional effectiveness and collect information about your computer or other access device to mitigate risk, help prevent fraud, and promote trust and safety.
10.7 Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.
10.8 We store and process your personal information on our servers in Switzerland and the EU, where our facilities or our service providers are located. We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorization controls. We also authorize access to personal information only for those employees who require it to fulfil their job responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Data may from time to time be stored also in other locations.
10.9 We are sometimes required to compare the personal information you provide to third party databases in order to verify its accuracy and confirm your identity. This allows us to comply with relevant anti-money laundering regulations and “know your customer” regulations. We will not sell or rent your personal information to third parties. We may combine your information with information we collect from other companies and use it to improve and personalize the Website and our products, as well as our content and advertising. We may use your name and email address to provide you with information about products or services that may be of interest to you, but we will not use your personal information without complying with applicable laws and, where appropriate, obtaining your consent.
10.10 We reserve our right to share your personal information with:
(a) our banking partners;
(b) companies that we plan to merge with or be acquired by (should such a combination occur, we will require that the newly combined entity follow these terms with respect to your personal information, and you would as well receive prior notice of any change in applicable policy);
(c) 3rd party identification services providers for fraud prevention purposes;
(d) law enforcement, government officials, or other third parties when i) we are compelled to do so by a subpoena, court order, or similar legal procedure; or ii) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our Terms;
(e) other third parties only with your prior consent or direction to do so.
aKenEvilThing will not provide your personal information to any other aKenEvilThing users without your consent or direction.
10.11 You may access, review and edit your personal information at any time by logging in to the Website using your credentials.
10.12 The data that we collect from you will be transferred to, and stored at, a destination in Switzerland and may be transferred and/or stored to other places outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our service providers. Staff may be engaged in the fulfilment of our Services and/or the processing of your details and the provision of support services. By submitting your personal data, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms. Third parties may be located in other countries where the laws on processing personal information may be less stringent than in your country. Our services may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates (including, but not limited to, websites on which the aKenEvilThing services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal information that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
11.1 All your factual and potential tax obligations are your concern and aKenEvilThing is not in any case and under no conditions bound to compensate for your tax obligation or give you any advice related to tax issues, including but not limited what kind of filing or reporting you need to do with the competent tax authority, which taxes and to which extent you are obliged to pay, which tax exemptions you are eligible to etc.
11.2 All fees and charges payable by you are exclusive of any taxes, and shall certain taxes be applicable, they shall be added on top of the payable amounts. Upon our request, you will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
- Intellectual Property
12.1 We retain all right, title and interest in all of our intellectual property, including inventions, discoveries, processes, marks, methods, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trademark, and any trademarks, copyrights or patents based thereon. You may not use any of our intellectual property for any reason, except with our express, prior, written consent.
12.2 In particular, we retain all intellectual property rights, mostly, but not limited, to copyright, over the source code forming the Ethereum Movie Venture tokens and the Website. These Terms shall not be understood and interpreted in a way that they would mean assignment of intellectual property rights, unless it is explicitly defined so in these Terms.
12.3 You are being granted a non-exclusive, non-transferable, revocable license to access and use the Website and the Ethereum Movie Venture tokens strictly in accordance with these Terms. As a condition of your use of the Website and the Ethereum Movie Venture tokens you warrant to aKenEvilThing that you will not use the Website, or the Ethereum Movie Venture tokens for any purpose that is unlawful or prohibited by these Terms. You may not use the Ethereum Movie Venture tokens in any manner that could damage, disable, overburden, or impair the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website and Ethereum Movie Venture tokens. Limitation to the transferability of licence shall not be understood in a way, that the users are not allowed to transfer Ethereum Movie Venture tokens to third parties.
12.4 All content included on the Website, the Movie the Ethereum Movie Venture tokens and associated products and services, such as, but not limited to, text, graphics, logos, images, source code, as well as the compilation thereof, and any software used on the Website and the Platform (hereinafter: “aKenEvilThing IP”) is the property of aKenEvilThing and is subject to the provisions of paragraphs 3.3 and 3.5 protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
12.5 You will, subject to the provisions of paragraphs 3.3 and 3.5, not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the aKenEvilThing IP, in whole or in part, found on the Website or associated products and services. aKenEvilThing IP is not for resale. Your use of the aKenEvilThing IP does not entitle you to make any unauthorized use of any aKenEvilThing IP, and in particular you will not delete or alter any proprietary rights or attribution notices in any aKenEvilThing IP. You will use aKenEvilThing IP solely for your personal use, and will make no other use of aKenEvilThing IP without the express written permission of aKenEvilThing and the copyright owner. You agree that you do not acquire any ownership rights in any aKenEvilThing IP. We do not grant you any licenses, express or implied, to the intellectual property of aKenEvilThing except as expressly authorized by these Terms, in particular subject to the provisions of paragraphs 3.3 and 3.5.
13.1 We may provide any notice to you under this Agreement by: (i) posting a notice on the Website; or (ii) sending an email to the email address then associated with your account. Notices we provide by posting on the Website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
13.2 To give us notice under this Agreement, you must contact us by email to email@example.com. We may update this email address for notices to us by posting a notice on our Website. Notices to us will be effective one business day after they are sent.
13.3 All communications and notices to be made or given pursuant to this Agreement must be in the English language.
14.1 We do not permit individuals under the age of 18 to register with our Website and use our products. If we become aware that a child under the age of 18 has provided us with personal information, we will delete such information from our files immediately and block its access to our Website and products.
14.2 We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war, changes in blockchain technology (broadly construed), changes in the Ethereum or any other blockchain protocols or any other force outside of our control.
14.3 We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s’ products or services.
14.4 These Terms do not create any third-party beneficiary rights in any individual or entity.
14.5 You will not assign these Terms, or delegate or sublicense any of your rights under these Terms, without our prior written consent. Any assignment or transfer contrary to these Terms will be void. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
14.6 The failure or omission by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be unequivocal and in writing to be effective.
14.7 Except as otherwise set forth herein, if any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.
14.8 All disputes or claims arising out of or in connection with these Terms including disputes relating to its validity, breach, termination or nullity, and any disputes or claims arising out of or in connection with the use of Website, the Movie and Ethereum Movie Venture tokens shall be finally settled under the Rules of Arbitration of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with the said Rules. The language to be used in the arbitral proceedings shall be English.
14.9 Prior to filing any claims in accordance with paragraph 14.8, you undertake to file such claim or request directly to aKenEvilThing via e-mail at address firstname.lastname@example.org. You agree that you will not file any claims in accordance with paragraph 14.8 earlier than 30 days after sending such claim or request to aKenEvilThing in accordance with this paragraph 14.9. Any claim, filed with the arbitral tribunal contrary to the rules set out in this paragraph 14.9, shall be rejected immediately by the tribunal as premature.
14.10 These Terms represent the entire agreement between you and us regarding the subject matter of these Terms, in particular use of the Website, the Movie and the Ethereum Movie Venture tokens. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document.