These General Terms and Conditions (“Terms”) constitute an agreement between AVINOC Ltd (“AVINOC, “we”, “us”, “our”) and you (“you”, “prospector”, “token holder” or “user”). You accept these terms related to all topics concerning the website described herein by accessing it in a pure viewing mode. By accessing our services located at https://www.avinoc.com or on domains or subdomains (“our websites”, “website”, “sites”) belonging to us (see chapter 24) and using utilizing services and solutions offered through those (including but not limited to AVINOC platform and AVINOC tokens or AVINOCoins), you acknowledge and agree that you have read these terms and that you accept and undertake to be legally bound by them. You may use our services, platform, AVINOC tokens, AVINOC – Avinoc Network Operation Coin (“AVINOCoin”) or any other services or solutions if you are of age and if you are not a citizen, resident, habitant or legal entity incorporated or under the control of another legal entity in Restricted Use Areas as further described in these terms.
AVINOC is not a financial institution and is currently not under supervision of any financial supervisory authority. AVINOC and the website offers the use of it’s platform and access to its ecosystem and does not provide investment services (incl. investment advice or consulting), financial services and solutions or any other licensed financial services. The terms do not constitute a solicitation for investment or any security and shall not be considered as any offer for sale or subscription of, or any invitation to offer to buy or to subscribe for any securities, nor AVINOC services and solutions.
We reserve the right to change, modify and replace these terms at any time based on our sole discretion without any prior notice to you. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms regularly. If at any time you do not agree to these terms, please stop using our services or accessing our website. You will be deemed to have accepted changes to the terms, by continuing to use our services and access our website, platform and our solutions.
AVINOC expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: 1) reliance on any information contained in these terms, 2) any error, omission or inaccuracy in any such information or 3) any action resulting therefrom, 4) usage or acquisition of AVINOC tokens and coins or any other services or solutions, available through our websites.
The following terms used herein shall have the following meaning:
3.1 AVINOC is in its first evolution until the ICO an Ethereum based platform, that provides software solution and cryptographic AVINOC token solution through its website to its Users (together referred to as “services and solutions”). Services and solutions are available through AVINOC website and may be amended, modified and changed during the term of these term, unless stated otherwise herein on the website or service and solution. AVINOC services also include any other service AVINOC may provide in the future and which may be at a later stage available through the website.
3.2 AVINOC services and solutions are unregulated. AVINOC is not a financial institution and is currently not under supervision of any financial supervisory authority. AVINOC does not provide any licensed financial services, such as investment services, fund management or investment advice. None of the information or analyses presented herein are intended to form the basis for any investment decision, no specific recommendations are intended, and AVINOC services, website and solution do not offer, are not and shall not be construed as investment or financial services and solutions. In the event of any regulatory changes would impact AVINOC, AVINOC reserves the right to amend the operation, services and website and its services.
3.3 AVINOC is not a provider of a) exchange services between virtual currency and fiat currency; b) wallet or custodial services of credentials necessary to access virtual currencies or c) crypto currency mining services. User expressly agrees and acknowledges that anytime throughout the duration of these terms, the solution may require material, technical, commercial or any other changes and understands that an upgrade or modification of the AVINOC tokens may be required. If a user decides not to participate in such upgrade, the user acknowledges and agrees that non-upgraded AVINOC tokens may lose their functionality in full and that they may no longer use the AVINOC tokens.
4.1 AVINOC system is a software platform, consisting of a web page interface, software interface for communication between the website and blockchain networks. The platform will have a common cryptographic token within the ecosystem, so called AVINOC token (“AVINOCoin”). AVINOC token is a utility token with features as specified in section 5 of the term.
4.2 AVINOC system provides:
4.3 Platform shall operate 24/7, subject to certain limitations, such as limitation of per-session trading limitations, maintenance services and unforeseeable technical and network issues.
5.1 AVINO token is an ERC-20 standard Ethereum token, which contract will be published on the Ethereum blockchain prior to the public crowdsale. AVINOCoin is the later utility token, which shall be used to access the platform and with the purpose to securing sufficient resources for the development and deployment of the platform.
5.2 Holders of AVINO tokens may be able to acquire AVINOCoin through AVINOC platform, whereas AVINOC gives no warranties that AVINOC tokens will be exchangeable on any exchange or on any specific exchanges or that they shall remain exchangeable on the mentioned exchanges.
5.3 AVINOCoins does 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 AVINOC or AVINOC ecosystem, nor shall AVINOCoin holders have any influence or rights in the development or governance of AVINOC or AVINOC ecosystem. Also, AVINOCoins shall not include any legal governance rights to AVINOC, such as rights to dividends, profit, voting rights and similar corporate rights.
5.4 AVINOCoins are not an investment advice, a security nor an investment service and solution and any action, notice, communication, message, decision, managerial act, or omission of the mentioned shall not be understood and interpreted as such. AVINOC gives no guarantees as to the value of any of the AVINOCoins or their liquidity on public exchanges (if AVINOCoins shall be listed on exchanges) and explicitly warns users that there is no reason to believe that AVINOCoins may increase in value.
5.5 You represent and warrant, that you are acquiring AVINOC tokens or AVINOCoins (later on) for your own personal use and for your personal utility and not for investment or financial purposes. You also represent and warrant that you: 1) do NOT consider AVINOC tokens or AVINOCoins as security; 2) understand that AVINOC tokens or AVINOCoins may lose their value; 3) that you are not acquiring AVINOC tokens or AVINOCoins as an investment; 4) are aware of all other risks deriving from holding AVINOC tokens or AVINOCoins as specified but not limited in these term and you accept such risks.
5.6 The exchange rate at the initial offering on the day of the crowdsale (public sale) - the so called issuing price - is: ratio for 1 USD = 20.00 AVINOC token (1 AVINOC token = 0.05 USD). The maximum number of AVINOC tokens sold is aprox. 40% of 1 Billion token produced. The exchange rate for ETH is based on http://www.bitcoinprice.com/ethereum/ and will be displayed during the sale procedure. All other exchange rates for available cryptocurrencies will be estimated/calculated by an average of various exchanges.
6.1 To acquire AVINOC tokens, you will need to sign up on our website first and perform a know your customer procedure later on if we demand it (but before finally receiving the tokens). This extends eventually the already provided third party social media registration (Sign In) via social media platforms (e.g. Facebook, Twitter, etc.) which you can use to participate in our airdrop bonus program also. You are allowed to link all other, further accounts during our airdrop bonus program to this first signed up account via built in features provided by us, but you are not allowed to register multiple accounts by this method. By registering finally you agree to 1) provide accurate, current and complete information about yourself, 2) maintain and promptly update your information from time to time as necessary, 3) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and 4) immediately notify us if you discover or otherwise suspect any security breaches related to the website, the AVINOC tokens, or the information provided to us. You are only allowed to create one registration account (but with multiple social media accounts linked) and AVINOC will block multiple accounts of the same user.
6.2 KYC procedure is a customer identification process to ensure that each user is appropriately verified. It is not only a legal requirement to assess and monitor risks, to prevent doing business with a money launderer, terrorist or other criminal, even more importantly, KYC is a fundamental practice to protect a project and its supporters from fraud and losses due to illegal funds and transactions. You acknowledge and agree that to ensure the safety of the users’ accounts, to counteract money laundering and to enforce is internal security policy, AVINOC shall use internal controls and programs for such control to be maintained. AVINOC, through these programs and controls, shall collect and store information about the users and their transactions, including personal information about you, provided to us upon registration of your account or requested by us upon transactions effected, as well as indirect information, including IP-addresses, information about the operating system used, software configuration and other information collected with the use of “cookies” technology to create statistical reports.
6.3 If your proposed purchase is flagged through our internal controls, AVINOC may require additional identification information depending in case of any suspicious activity that may be indicative of illegal activity. Identification of bank accounts may also be required in a later phase. You accept and agree that in cases where AVINOC has valid reasons to believe that your Account is used for money laundering or for any other illegal activity, or that you have concealed or reported false identification information and other details. Also if there is a valid reason to believe, that the transactions effected via your Account were affected in breach of this Agreement, AVINOC shall be entitled to require you to provide any additional information and documents to clarify the circumstances. Transactions may be frozen until the documents are reviewed by us and accepted as satisfying the requirements of the legislation for counteracting laundering of incomes from criminal activities and financing of terrorism.
6.4 AVINOC can request from you any additional identifying information and support documents at any time at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-money laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. By agreeing to this Agreement, you acknowledge and agree that that we maintain verification levels that require user participation and verification to obtain, with leveled permissions based on user-supplied information, our ability to verify it, and our internal policies. You accept that you may not be able to achieve your desired level of verification, and we reserve the right in our sole discretion, to determine the appropriate verification level for any user, as well as the right to downgrade users without notice and to not verify the user at all. We may, from time to time, implement policies restricting verification levels by nationality, country of residence, or any other factor. This may affect your right to purchase AVINOC tokens or withdraw them from your Account, and you indemnify AVINOC against any losses associated with an inability to purchase or withdraw AVINO tokens or AVINOCoins based on your verification level. You expressly agree and acknowledge that, if you are from restricted use areas (newly added or existing), you hereby indemnify AVINOC against any losses associated with such event and your inability to purchase or withdraw AVINOCoins.
6.5 3% of the tokens will be used at the airdrop to exchange bonuspoints, collected during the bonuspoints program finally in AVINOC tokens at the Airdrop (see also chapter 7). Hereby the total supply reserved for the Airdrop is distributed to the total number of bonuspoints (of all users) at the Airdrop. The individual bonuspoints program of each user is starting with the registration via a social media account and it is ending one day before the Airdrop. The User must provide a valid wallet address until the last day of the public sale and before the day of the Airdrop 00:00 UTC to receive AVINOC tokens (ETH). If there is no valid wallet address related to the social media account(s) of the user at the airdrop, AVINOC is not able to distribute/exchange the bonuspoints at the given time and so those will expire. You hereby declare yourself fully aware that in this case you will no longer be entitled to your bonus points. You can freely participate in the bonuspoints program, by registering with at least one social media account. Please note: All tokens and USD within the bonuspoints program are estimated values. They can change significantly until the Airdrop because they depend on various underlying factors which also might change until the Airdrop (ie. the amount of participants). All information is provided without any warranty. Under no circumstances do we promise that the user will receive exactly the propagated/estimated amount of tokens or USD finally at the Airdrop, as shown during the bonuspoints program. We reserve the right to change missions, referrers and other bonuspoint initiatives and/or distribution functions or terms at any time. The user - YOU - therefore waives the right to enforce any initiative of his right in this regard. All conditions that apply here to an exclusion or ban of users or to restricted use areas are also fully applicable to the bonuspoints program.
7.1 You can make contribution into a smart contract system in ETH or various other cryptocurrencies (acceptable Digital Assets), as available on our platform at the deposit section and receive AVINOC tokens in exchange when you buy them with your deposit. Tokens can only be bought depending on the amount of deposit and the minimum and maximum limit at the appropriate sales phase. At public presale the minimum will be set to USD $50,000.00 and at crowd sale (public sale) it will be set to USD $10. For each customer and cryptocurrency in the desposit section there will be a separate wallet address available for deposit. The exchangerate at the (desired) point in time when buying AVINOC Tokens will be estimated/calculated by an average of various exchanges for each cryptocurrency made available in the deposit section. There will be an off (around 30%) when public presale starts. It is decreasing linearly every second to 0% until the day when crowd sale (public sale starts). AVINOC does not accept contributions in fiat currency and reserves the right to amend or decline acceptable digital asset at any time, based on its sole discretion. Already stored amount in the deposit section will not be affected if AVINOC declines a digital asset. AVINOC provides for all other crypto currencies (Alt-Coins) a Shapeshift-Button too which will finaly make a deposit on the desired wallet at deposit section. All AVINOC token purchases shall be publicly accessible via the Ethereum blockchain browser.
7.2 Total supply of tokens is set to 1 Billion and the exchange rate between ETH/USD shall be based on the date and time chosen to buy tokens (after start of crowdsale). AVINOC tokens shall be distributed in the following manner:
7.2.1 40 % of the AVINOC tokens will be offered to contributors in private pre sale, pre sale and crowdsale as follows:
7.2.2 22% of tokens will be reserved for future development, whereas these tokens will be locked for 12 months in smart contract
7.2.3 15 % of the Total AVINOC tokens shall belong to the AVINOC founders and the team that brought AVINOC to life
7.2.4 10 % will be reserved for future strategic partners and partnerships and adoption acceleration incentives
7.2.5 8 % will be distributed to AVINOC advisors and ambassadors
7.2.6 3 % will be used at the airdrop to exchange bonus points collected during the bonuspoints program.
7.2.7 2 % will provide the bug bounty pool
7.3.1 Distribution of AVINOC tokens is limited to 1 Billion (1 Milliard) tokens itself, whereas slight discrepancies may be applicable due to smart contract setting. Users will be able to acquire AVINOC tokens until 40% of the distribution limit has been reached or until the last day of crowdsale (whichever is sooner). The total number of AVINOC tokens issued to the public via the private and public token sale shall depend of 40%.
7.3.2 Execution of distribution. During the distribution phase, users, wishing to participate in the token distribution, will be obliged to first register a wallet address on our website and then send their Digital Assets to the smart contract wallet address, provided to them on AVINOC website. Contributors will receive their AVINOC tokens to the wallet address, which the user has specified in AVINOC platform. The funds raised from the AVINOC token distribution will be used as follow:
7.3.3 Distribution channel. AVINOC tokens shall be offered solely and exclusively through the website. Our website(s) under our domains (see chapter 24) is(are) the only official and authorized website(s) and AVINOC token distribution channel(s). Every user needs to ensure that they are using hypertext transport protocol secure connection (“https”) on avinoc.com and that domain name is correct, when acquiring AVINOC tokens with digital assets. No third party provider has been allowed, authorized or endorsed by AVINOC for the distribution of AVINOC tokens. We encourage you to report any distribution attempts of other sites to us.
7.3.4 Non-refundable contributions. All contribution to AVINOC in exchange for AVINOC tokens are final and non-refundable, except as specified in section 7.3. You expressly agree and acknowledge that AVINOC is not required to provide any refund and that you understand that AVINOC tokens or AVINOCoins are not consumer solutions and are therefore not covered by consumer protection regulation in any jurisdiction. You are solely responsible for sending your digital assets to the correct AVINOC smart contract wallet address and AVINOC is not responsible for any digital assets you send to the wrong smart contract wallet address and AVINOC shall not provide any refund to you, for sending your digital assets on wrong AVINOC smart contract wallet address.
8.1 Our services, website and service and solution are not directed or allowed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of the solution, services or website is or may be prohibited. Due to legal restrictions you are not allowed to access our website or use our services or solution if you are a located in, under the control of, resident, habitant or citizen of Restricted Use Areas (please check your location/area by your own) or a legal entity based, domiciled, under the control of, located, incorporated or in any other way considered to be an entity of those under applicable legislation or if you are a resident, citizen or are located in any other jurisdiction in which applicable laws prohibit you to access our website, services and platform (“Restricted Use Areas”).
AVINOC EXPLICITLY PROHIBITS PERSONS OR ENTITIES IN RESTRICTED USE AREAS TO USE ITS WEBSITE, SERVICES OR SOLUTIONS AND AVINOC SHALL NOT BE HELD LIABLE FOR ANY LEGAL OR MONETARY CONSEQUENCE ARISING OF SUCH USE. BY ACCESSING OR USING THE SERVICES, SOLUTIONS AND/OR WEBSITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. PLEASE NOT THAT RESTRICTED USE AREAS MAY CHANGE BEFORE/DURING/UNTIL THE END OF THE CROWDSALE.
8.2 You must be at least of age to use our services, solutions on our website. By using our services or solution on our website(s) you represent and warrant that you: a) are of age, b) you have full power and authority to enter into this agreement, c) have not been previously suspended or removed from using our services that you are not located in, under the control of, habitant a national or resident or located in or under control of Restricted Use 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) e) you are not located in, under the control of, resident, habitant or citizen of Restricted Use Areas.
8.3 If you are using the services 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 not in Restricted Use Areas, b) you are duly authorized by such legal entity to act on its behalf, c) you are not incorporated, under control of or in any other way considered to be to be an entity under applicable legislation in Restricted Use Areas, e) any beneficial owner of the legal entity, director, employee, services provider or any other individual in any way connected with the Company has 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) or Restricted Use Areas.
8.4 You acknowledge and agree that you are not purchasing AVINOC tokens for purposes of investment, speculation, as some type of arbitrage strategy, for immediate resale or any other financial purposes. You represent and warrant that the execution and delivery of, and performance under, this terms require no approval or other action from any governmental authority or person other than Buyer. AVINOC shall have the right to implement necessary measures to monitor compliance of this section.
9.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR SERVICE, WEBSITE, SOLUTION ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, IS GIVEN IN CONJUNCTION TO WEBSITE, SERVICES, SOLUTIONS, ANY SOFTWARE OR TOOLS CONTAINED IN WEBSITE, SOLUTION AND SERVICES AND IN GENERAL.
9.2 AVINOC DOES NOT WARRANT THAT THE SERVICE, SOLUTION OR WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED IN REASONABLE TIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, PLATFORM AND WEBSITE IS AT YOUR SOLE RISK.
9.3 While every effort is made to ensure that information contained in the website or service and solution is correct, AVINOC disclaims all warranties regarding the accuracy, adequacy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness of any information on the website, services and solutions.
9.4 AVINOC does not guarantee the confidentiality or privacy of any communication or information transmitted through services, on the website or service and solution or any site linked to the website. We will not be liable for the privacy or security of information, e-mail addresses, registration and any identification information (if applicable), disk space, communications, confidential or proprietary information, or any other content transmitted to us in any manner, or otherwise connected with your use of our services, the website or platform. AVINOC does not guarantee that the AVINOC tokens shall be listed on any exchanges.
9.5 AVINOC shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We advise you to use Telegram as the source of communication through our channels and groups “AVINOC”, accessible via https://t.me/AVINOC. You should also be aware that email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from AVINOC. Always log into your AVINOC account through secure website (see chapter 24) to review any transactions or required actions, if you have any uncertainty regarding the authenticity of any communication or notice.
It is your obligation to peruse, comprehend and carefully consider or seek legal advice as to the risks described below in addition to the other information stated herein before deciding to access our website and using our services our solution. If you access and/or use or website, service and solution you are accepting all the risks outlined in these term and other risks, not specified herein.
You acknowledge, agree and warrant that you have been warned of the potential risks involved by using our services, website, ecosystem and solutions and other relevant technologies mentioned herein as well as that there may be other risks involved, which are not specified herein and that you fully accept such risks.
10.1 Legal risk concerning security regulation. There is a risk that in some jurisdictions AVINOC token and AVINOCCoin might be considered to be a security issue, now or in the future. AVINOC does not give warranties or guarantees that AVINOC tokens are not a security issue in any jurisdiction. Each AVINOC token holder shall bear its own legal or financial consequences of AVINOC tokens being considered a security issue in their respective jurisdiction. The legal ability of AVINOC to provide AVINOC tokens or AVINOCoins in some jurisdictions may be eliminated by future regulation or legal actions. In the event, it turns out with a high degree of certainty that AVINOC tokens or AVINOCoins are not legal in certain jurisdiction, AVINOC will based on its sole discretion either cease operations in that jurisdiction, or adjust AVINOC tokens or AVINOCoins in a way to comply with the regulation. It is your obligation to check if acquisition and disposal of AVINOC tokens or AVINOCoins is legal in your jurisdiction, and by accepting these term you expressly agree and warrant that you will not use AVINOC tokens or AVINOCoins if their use should not be legal in the relevant jurisdiction. There can be no assurance that governmental authorities will not examine the operations of AVINOC and/or pursue enforcement actions against AVINOC. Such governmental activities may or may not be the result of targeting AVINOC in particular. All of this may subject AVINOC to judgments, settlements, fines or penalties, or cause AVINOC to restructure its operations and activities or to cease offering certain services and solutions or services, all of which could harm AVINOC’s reputation or lead to higher operational costs, which may in turn have a material adverse effect on the AVINOC tokens, AVINOCoins and/or the development of the AVINOC services and software.
10.2 Risk of malfunction of blockchain. Nobody can guarantee the Ethereum source code used by AVINOC will be flaw-free. It may contain certain flaws, errors, defects and bugs, which may disable some functionality for users, expose users’ information or otherwise. Such flaw would compromise the usability and/or security of AVINOC and consequently bring adverse impact on the value of AVINOC tokens. Open source codes rely on transparency to promote community-sourced identification and solution of problems within the code.
10.3 Update of the source code. The Ethereum source code could be updated, amended, altered or modified from time to time by the developers and/or the community of Ethereum. Nobody is able to foresee or guarantee the precise result of such update, amendment, alteration or modification. As a result, any update, amendment, alteration or modification could lead to an unexpected or unintended outcome that adversely affects AVINOC tokens, AVINOCoins and/or AVINOC operation or market value.
10.4 Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based digital assets, services and solutions and website including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that AVINOC shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using our services, website, solution howsoever caused.
10.5 Cryptography risks. You acknowledge that there are risks associated with cryptography, such as code cracking or technical advances such as the development of quantum computers, could present risks to all crypto-currencies including our service and solution. This could result in the theft, loss, disappearance, destruction or devaluation of the service and solution. To a reasonable extent, AVINOC will be prepared to take proactive or remedial steps to update the protocol underlying AVINOC in response to any advances in cryptography and to incorporate additional reasonable security measures where appropriate. It is impossible to predict the future of cryptography or the future of security innovations to an extent that would permit the AVINOC accurately guide the development of AVINOC to take into account such unforeseeable changes in the domains of cryptography or security.
10.6 Development Failure or Abortion. AVINOC is still in the process of development rather than a finished service and solution ready to launch. Due to the technological complexity and difficulty that may be uncertain, unforeseeable and/or insurmountable, the development of all or some services could fail or abort at any time for any reason.
10.7 Forking. Ethereum is an open source project and supported by the community. The developers of AVINOC do not lead the development, marketing, operation or otherwise of Ethereum. Anybody may develop a patch or upgrade of the source code of Ethereum’s source without prior authorization of anyone else. The acceptance of Ethereum patches or upgrades by a significant, but not overwhelming, percentage of the users could result in a “fork” in the blockchain of Ethereum, and consequently the operation of two separate networks and will remain separate until the forked blockchains are merged. The temporary or permanent existence of forked blockchains could adversely impact the operation and the market value of AVINOC tokens and in the worst case scenario, could ruin the sustainability of AVINOC. While such a fork in the blockchain of Ethereum would possibly be resolved by community-led efforts to merge the forked blockchains, the success is not guaranteed and could take long period of time to achieve.
10.8 Risk of unfavorable regulatory action in one or more jurisdictions. Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. AVINOC tokens or AVINOCoins could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of AVINOC tokens or AVINOCoins, which could impede or limit their existence, permissibility of their use and possession, and their value.
10.9 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 AVINOC tokens or AVINOCoins in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks.
10.10 Risk of mining attacks Ethereum blockchain, which is used for the AVINOC tokens or AVINOCoins, is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Mining Attacks, as described above, may also target other blockchain networks, with which AVINOC tokens or AVINOCoins interact with. Any successful attacks present a risk to the AVINOC tokens or AVINOCoins.
10.11 Risk of loss of value and uninsured losses. Value of AVINOCoins may fluctuate and you may suffer loss in value of such acquired AVINOCoins and lose all of the value. In addition to the loss of value risk, AVINOCoins are entirely uninsured and are unlike bank accounts or accounts at some other financial institutions.
10.12 Risk related to your private Keys. Loss of private key associated with your digital assets wallet will result in loss of AVINOC tokens or AVINOCoins held there. You understand and agree the AVINOC shall not be responsible for any such losses.
10.13 Project completion. The development of some of the AVINOC services and software may be abandoned for a number of reasons, including, but not limited to, lack of interest from the public, lack of funding, lack of commercial success or prospects, or departure of key personnel.
10.14 Unanticipated risks. Cryptocurrencies and blockchain technologies are new and untested technology an in addition to the risk outlined in these term, there are also unforeseeable risks that may materialize as unanticipated.
In addition to any other representations and warranties contained within these term, you further represent and warrant that you:
12.1 You are solely responsible and liable to declare, bear and pay all taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the AVINOC tokens or later AVINOCoins, use of services, website, platform or any other AVINOC solutions. AVINOC is not giving any advice regarding tax issues and is not responsible for determining any tax implications connected with its solutions, website or services. AVINOC makes no representation as to the tax implication of any jurisdiction. You shall be solely liable for all such penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax.
12.2 All fees and charges payable by you to AVINOC are exclusive of any taxes and if certain taxes shall be applicable, they shall be added on top of applicable amount. 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.
13.1 AVINOC, ITS AFFILIATES, ENTITIES INCLUDED IN THE ECOSYSTEM, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS OR AGENTS TOTAL LIABILITY ARISING OUT OF THESE TERMS, WEBSITE, SERVICE, SOLUTION OR OTHERWISE, WHETHER BASED ON CONTRACT OR TORT. IN NO EVENT SHALL AVINOC, ITS AFFILIATES, ENTITIES INCLUDED IN THE ECOSYSTEM, LICENSORS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, DIRECTORS OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM AVINOC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, LOSS OF AVINOC TOKENS, SUSPENSION OF ETHEREUM NETWORK COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AVINOC RECORDS, SOLUTION, WEBSITE OR SERVICES. IN ADDITION TO THE ABOVE, AVINOC SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, TRADING LOSSES, LOSS IN VALUE, OR OTHER LOSS. THIS APPLIES EVEN IF SUCH DAMAGES ARE FORESEEABLE.
13.2 EACH PARTY ACKNOWLEDGES THAT THE FEES PAYABLE HEREUNDER REFLECTS THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT EACH PARTY WOULD NOT ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
You will defend, indemnify and hold AVINOC, its affiliates, entities included in the ecosystem and licensors and its officers, directors, contractors, employees, agents and representatives, harmless from and against all claims, actions, demands, liabilities, damages, losses, costs and expenses (including legal fees) relating to or arising from a) your use of our services, website, solution b) your breach of these terms or any other liabilities arising out of your use of the services, website and solution or the use by any other person accessing the website, service or solution using your computer and/or your Personal Information c) your violation of any rights of any other person or entity in connection with these term d) third party claims concerning this terms or your thereof. You will promptly notify us of any third-party claims, actions, or proceedings which you become aware of that involves AVINOC as a result of these terms. AVINOC may participate with counsel of its own choosing in any proceedings describing above. If AVINOC will be required to respond to compulsory legal order, you will reimburse AVINOC for reasonable attorney and contractors fees for their time and material spent responding to obligatory legal orders. You will not agree to any settlement which imposes any obligation or liability for AVINOC without AVINOC prior written consent.
15.1 AVINOC reserves all rights, titles and interest to the services and solutions, website, and other intellectual property. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content, software, tools and other materials contained on our website, solutions and services, (collectively "AVINOC materials") are the property of AVINOC, our licensors or suppliers and you hereby agree to comply with all proprietary notices contained in AVINOC materials and these terms.
15.2 Under no circumstances will these terms be construed as granting, by implication, estoppel or otherwise, a license to any Intellectual Property or components thereof other than as specifically granted in these term. You agree that AVINOC’s intellectual property may be used only as provided in these terms. All rights not expressly granted herein are reserved.
15.3 We hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the website, services and solutions for your personal use and strictly in accordance with these terms. Such license is subject to these terms and does not permit a) any resale of the AVINOC materials b) the distribution, public performance or public display of any AVINOC materials c) modifying or otherwise making any derivative uses of the AVINOC materials, or any portion thereof, or d) any use of the AVINOC materials other than for their intended purposes. The license granted under this section will automatically terminate if we suspend or terminate your access to the services, websites and/or solutions.
16.1 Our services, website and/or solution may include links to third party websites, third party wallet providers or other service providers ("Third Party Sites"). If you use any links made available through our services, website or solution to reach other websites not maintained by AVINOC you will leave our services, website and solution (see also chapter 24). The linked sites are not under the control of AVINOC and AVINOC is not responsible for the content of any linked site or any link contained in a linked site. The linked sites are governed by the terms and conditions of that sites.
16.2 AVINOC shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, statements, representations, advertising, services and solutions, services or other materials available on or through third party sites. AVINOC provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by AVINOC of third party sites, nor does it imply that the linked third party sites recommends, approves of, or endorses AVINOC.
17.1 In connection with your use of our services, websites, ecosystem and solution you may provide us with your feedback of any kind. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials you provide to us. You waive any rights you may have to the feedback (including any copyrights to the extent permitted by law). Feedback you provide to us is non-confidential, non-proprietary and is not subject to a third party license and we have no liability for any loss or damage suffered by you as a result of the disclosure or use of such feedback. We have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website or other channels if, in our opinion, your post does not comply with the content standards we defined.
18.1 This agreement is entered into for unlimited duration unless we decide to make a change and pronounce this on our websites or in our services and/or solutions.
18.2 We reserve the right to terminate and/or suspend your access to our services/website, without giving you prior written notice and delete all related information and files related to your use of our services, solutions, website, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: a) You have violated these term or b) You create risk or possible legal exposure for us (see also chapter 24, not permitted referrer actions).
19.1 You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that AVINOC provides in connection with your use of AVINOC website, solution and services. You acknowledge and agree that AVINOC may provide these communications to you by posting them on its website or by processing them in other channels you accessed. Any email communication will be considered to be received by you within 24 hours after we email it to you and communication via our website will be effective upon posting. You should maintain copies of electronic communications by printing a paper copy or saving it electronically.
19.2 Updating contact information. It is your responsibility to keep your email address or social media accounts with AVINOC up to date so that AVINOC can communicate with you electronically. You understand and agree that if AVINOC sends you an electronic communication but you do not receive it because your email address or other means of communication is incorrect, out of date, blocked by your service or social provider, or you are otherwise unable to receive electronic communications, AVINOC will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must whitelist AVINOC so that you will be able to receive communications we send to you.
19.3 You may contact us by sending email to: social[at]avinoc.com for general questions. All legal notices (including legal disputes) must be sent in writing to the following address: legal[at]avinoc.com or postage prepaid by certified mail, return receipt requested and addressed to the authorized representative of the relevant party. All given notices must be in English language.
20.1 Any dispute between the parties will be governed by these terms in accordance with the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree and warrant that you will not commence against the other a class action, class arbitration or representative action or proceeding.
20.2 All disputes or claims arising out of or in connection with these terms, including but not limited to its breach, termination, validity, nullity or any other disputes or claims arising out of or in connection with these terms, website, services and solutions or any other matter shall be settled under 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 or German. The arbitration will be conducted confidentially.
20.3 Prior to filling any claims, you agree to file such claim, notification of any dispute or request to AVINOC within fourteen (14) days of when it arises as the attempt of informal resolution of dispute. Notice to AVINOC shall be sent to: legal[at]avinoc.com for dispute between you and AVINOC is not resolved within fourteen (14) days, following the receipt of your request, you are entitled to file a claim in accordance with previous section. Claims filled contrary to the provision set out in this paragraph shall be rejected as premature.
20.4 Any dispute arising out of or related to this terms is personal to user and AVINOC and will not be brought as a class arbitration, class action or any other type of representative proceeding.
21.1 Collection of personal information. AVINOC collects personal information needed to conduct its services, ecosystem and to enable you to use AVINOC website and services and solutions. AVINOC is the data processor and controller of your personal data and will not share your personal information with third parties, except as specified herein. For the purpose of operating the ecosystem and performing the services, AVINOC may share your personal information with other entities within the ecosystem. Related to GDPR (General Data Protection Regulation of the European Union) you accept that we process your data within our systems and save them. AVINOC collects personal information from running the website and uses information, which you provide to us.
21.2 Upon signing in through our website or our platform and creating the account, we receive your contact information you provided by the appropriate social media platform/provider. In order for you to be able to use our services, ecosystem and solution we will require you to provide additional information at a given point if you decide to receive AVINOC tokens. It is at our discretion at a later date to obtain further information from you, such as date of birth, identification number, tax number, copy of your identification documents and other similar data which is used for identification purposes and which AVINOC may be required to collect to comply with applicable laws. We may also obtain information about you from third parties such as identity verification services.
21.4 Security measures. 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 means we use are firewalls and data encryption, physical access controls to our data centers and rule based information access authorization controls. We additionally implemented beyond state-of-the-art protection systems for our websites and services with second factor portals and shields. We also authorize access to personal information only for those employees who require it to fulfil their job responsibilities.
21.5 Usage and sharing. We use personal information to provide our services and solutions for administering our business activities, to communicate with you, to promote safety and security (we use personal information for loss prevention, anti-fraud and/or unauthorized activity and to enforce these terms) and to provide you with customer service, technical support, for audit purposes, to prevent and investigate potentially prohibited or illegal activates and to notify you about improvements to our website and new services we think you will find useful. We can use personal information so as to mitigate the risk of fraud, identity theft or credit card theft. We may use your name and email address to provide you with information about services and solutions or services that may be of interest to you. You may access, review and edit your personal information or ask us to delete your personal information at any time by emailing us at: gdpr[at]avinoc.com. We may also create anonymous, aggregated and/or other de-identified data records from information that you provide to us by excluding personal information (such as your name) that makes the information personally identifiable to you. We use this anonymous information to analyze request and usage patterns so that we may enhance the content of our services and to improve Site navigation. We reserve the right to use anonymous information for any purpose and to disclose such data to third parties in our discretion. By entering or accessing our systems you renounce any claims to anonymous or pseudonymous information that has arisen through your data, as well, the right to "be forgotten" corresponding to the GDPR.
21.6 Sharing of personal data. We take your privacy very seriously and will only share your personal information as needed with the entities within the ecosystem to perform the services and in the event if we are legally compelled to do so or in the events specified in these terms. We reserve our right to share your personal information:
21.7 Storing and transfer of personal data. We store and process your personal information on servers also within in the European Economic Area (EEA) and elsewhere in the world, where our facilities or our service providers are located. The data may be transferred to other places outside the EEA, to countries which do not offer a same level of protection. By using our website, solution and services you expressly agree and acknowledge that your personal data may be stored and/or transfer to countries which may not have laws in place to adequately protect your data and your privacy or offer the same level of protection as the privacy laws of your home countries. Your personal data 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.
22.1 Entire Agreement. These terms represent the entire agreement and supersede all prior and contemporaneous understandings between you and AVINOC regarding the subject matter, especially regarding the services, ecosystem, solutions and website. In the event of any conflict between these term and any other agreement you may have with AVINOC, the terms of that other agreement will prevail only if these terms are specifically identified and declared to be overridden by such other agreement.
22.2 Assignment. These term shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns. You may not assign or transfer any of your rights or obligations under these terms without prior written consent from AVINOC, including by operation of law or in connection with any change of control. AVINOC may assign or transfer any or all of its rights under these terms, in whole or in part, without obtaining your prior written consent or approval.
22.3 Force Majeure Events. AVINOC shall not be liable for 1) any inaccuracy, error, delays or omission of a) any information, or b) the transmission or delivery of information; 2) any loss or damage arising from flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond AVINOC reasonable control (each, a "Force Majeure Event").
22.4 Waiver. AVINOC failure or delay in exercising any right, power or privilege under these terms shall not operate as a waiver thereof.
22.5 Severability. If any provision of these terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of the terms shall remain in full force and effect to the greatest extent permitted by law. Any invalid or unenforceable portion will be interpreted to affect the intent of the original portion. If such construction is not possible, the invalid provision of the terms will be severed from these Term and the rest of the terms will remain in full force and effect.
22.6 Press Releases. Any publicity, press release or other promotion that you wish to distribute that refers to AVINOC, shall be subject to AVINOC prior written approval. Referrers are exempt if they comply with the provisions of paragraph 24.
22.7 Advice of Counsel. You acknowledge and warrant that by executing these terms and accessing our service, ecosystem, website and/or platform, you had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and provisions of these terms.
22.8 Survival. The Sections Eligibility, Risk Disclosure, Feedback, Intellectual Property, Links to other Websites, Disclaimer of Warranties, Limitation of Liability; Indemnity, Governing Law and Dispute Resolution and this Miscellaneous shall survive any termination or expiration of these terms.
22.9 Electronic Communications. User agrees and acknowledges that all agreements, notices, disclosures and other communications that AVINOC provides user pursuant to this term or in connection with or related to user’s purchase of AVINOC tokens, including this term, may be provided by AVINOC, in its sole discretion, to user, in electronic form.
22.10 If you need to contact us in relation to these terms, please email us to: legal[at]avinoc.com.
To register on our platform we only use sign-in ("sign-up", "logon", "login", "registration", "register") solutions from third party social media providers via APIs. We are not responsible for the functionality, availability, service, legal issues, privacy issues, terms and conditions, security, safety, accessability or any further issues now or in the future of those services. If you have questions or other modes concerning registration via social media related to these topics, please contact the appropriate company. For all this we provide the attached list of all social media providers/companies whose services we use. You define in the appropriate platform which data will be accessible/provided to us.
Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USAhttp://developers.facebook.com/docs/plugins/
Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. - http://twitter.com/privacy.http://developers.facebook.com/docs/plugins/
Google Inc., 1600 Amphitheatre Parkway Mountain View, CA 94043, USA.https://support.google.com/
LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USAhttps://www.linkedin.com/legal/privacy-policy
Amazon Inc., 410 Terry Ave. North, Seattle, WA 98109-5210, USAhttps://aws.amazon.com/service-terms/?nc1=f_ls
YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USAhttps://www.google.de/intl/de/policies/privacy
Reddit Inc., 520 Third Street Suite 305, San Francisco, CA 94107, USAhttps://www.reddit.com/help/privacypolicy
Oath Holdings Inc., 770 Broadway, New York, NY 10003, USAhttps://policies.yahoo.com/us/en/yahoo/terms/utos/index.htm
Microsoft, One Microsoft Way Redmond, WA 98052https://www.microsoft.com/en-us/servicesagreement/
GitHub Inc., 88 Colin P Kelly Jr St San Francisco, CA 94107, USAhttps://help.github.com/articles/github-terms-of-service/
We offer our services exclusively through domains listed below. These domains can also be provided with any type or name of sub-domain(s) (ie. for avinoc.com: www.avinoc.com or ico.avinoc.com, etc.). We use SSL encryption on all sites that require it. Domains of avinoc.com and avinoc.cloud are by all means SSL encrypted.
WEBSITES OR SERVICES OF OTHER DOMAINS THAN IN THIS FOLLOWING LIST, ALSO WITH SIMILAR CONTENT OR THE NAME AVINOC OR WITH AVINOC CONTENT OR THE REFERENCE AND/OR ALLEGATION TO BE AVINOC ARE NOT FROM US! WE ASSUME NO RESPONSIBILITY AND LIABILITY FOR THESE SITES. WE EXPRESSLY EXPRESS USERS FROM USING THE SERVICES OF THESE DOMAINS, AS THIS MAY BE FOR CONTRADICTORY PROJECTS (SCAM).
Our official channels are Twitter (@AVINOC_ICO), Facebook (AVINOC.ICO, @avinoc.io), LinkedIn (AVINOC) and Telegram (t.me/AVINOC). WE WILL NEVER ADVISE YOU TO POST AUTHENTICATIONS IN ANY CHANNELS! OUR AIRDROP IS HANDLED OVER OUR WEBSITE ONLY. BESIDE REGISTRATION ON CHANNELS PUBLISHED ON OUR WEBSITE, MISSIONS WILL ONLY BE ON OUR Facebook, Twitter, LinkedIn OR Telegram CHANNELS. CHANGES WILL BE PUBLISHED ONLY ON OUR CHANNELS OR WEBSITE https://www.avinoc.com
The linking of our pages by referrers (or other websites or services) is permitted but provides, that they are legal content pages which do not violate any international guidelines or rights. Similarly, the reference or embedding of our logo (see manifest content within our code on the website), our name and/or a short description of the content of AVINOC in the context of referrals is permitted. The embedding, in whole or in parts, as well as the replica of our site, with the intention to impersonate as a AVINOC-project, AVINOC-service, AVINOC-product or AVINOC-company, is not permitted. We reserve the right to exclude and ban such pages from our systems. Similarly, calling and using these pages involves risks to users. By using such sites and accessing AVINOC websites or services through these sites, we reserve the right to nullify any claims of users to us. WE GENERALLY ASSUME NO RESPONSIBILITY FOR CONTENTS AND SERVICES ON REFERENCE SITES, WHETHER OR NOT WITHIN THESE DIRECTIVES.
Our primary domain is avinoc.com, static content is loaded from avinoc.cloud or subdomains, like static.avinoc.cloud, and has SSL certificates. All other domains can refer directly to avinoc.com, an AVINOC promotion or project, as well as AVINOC's dedicated services or company pages. In addition, we may include and use services of other reputable manufacturers or providers, such as Google, social media providers (ie. Facebook, Twitter, LinkedIn, Github, etc.), payment or cryptographic services, or equivalent content distribution cloud services or networks (CDN's).