POCKET NETWORK, INC. and POCKET NETWORK FOUNDATION
Date of Last Update: July 2, 2020
Your access and use of the Websites and Services are conditional upon your acceptance of and compliance with this Agreement.Access and Use by Organization. If you access or use the Website and Services on behalf of an organization, you represent and warrant that you have the authority to enter into this Agreement on behalf of that organization and to bind that organization to such terms (and references to “you” in this Agreement refer to that organization).Services not offered to Sanctioned Persons. The Websites and Services are not offered to, or intended to be used by, any person or entity that is the subject of sanctions administered or enforced by any country or government or otherwise designated on any list of prohibited or restricted parties (including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government, the European Union or its Member States, or other applicable government authority) or organized or resident in a country or territory that is the subject of country-wide or territory-wide sanctions.
The Websites and Services are owned by us and protected by copyright, trademark, and other intellectual property rights and laws of applicable countries, unless otherwise specifically indicated. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in this Agreement. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Websites and Services are our property, unless otherwise stated.Prohibitions. You are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Websites and Services for commercial or public purposes without our express authorization or as expressly permitted by applicable copyright or trademark law. You may not copy any part of the materials on the Websites and Services without our express prior written authorization and subject to our copyright notice being affixed to the copied material. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any of our patent, trademark, copyright or other proprietary rights for any purpose not expressly set out in this Agreement.
The inclusion of any materials does not constitute approval, endorsement or recommendation by us of any Third-Party Resources or any third party, and we disclaim all responsibility and liability for your use of any Third-Party Resources.No Warranty. No information obtained by you from our Websites shall create any warranty in respect of any Third-Party Resources. We make no representation, warranty, guarantee or undertaking of any kind in respect of any Third-Party Resources, including without limitation as to the effectiveness, security, functionality, operation, reliability, quality, accuracy, validity, legality or intellectual property rights compliance of any Third-Party Resources.Updates and Amendments. Third-Party Resources may be updated, changed or terminated at any time, and any materials provided on our Websites may be or become out of date or inaccurate.Third-Party Blockchain Services. Our Services may contain or require the use of third-party blockchain services or technologies, including blockchains created and maintained by others (“Third-Party Blockchain Services”). We make no representation or warranty as to the accuracy, completeness, reliability, merchantability, or fitness for a particular purpose of Third-Party Blockchain Services accessed through our Services nor any commitment. Usage of and reliance on such Third-Party Services are entirely at your own risk.Protection and Back-up. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any Third-Party Blockchain Services. We are not liable for any damages that you suffer in connection with any Third-Party Blockchain Services, including without limitation in connection with accessing, relying on, downloading, installing, using, modifying or distributing any Third-Party Blockchain Services.Warranties and Disclaimers‘As is’ / ‘as available’. The Websites and Services are provided on the “as is” and “as available” basis without warranty or condition of any kind, either express or implied, including, but not limited to, the implied terms of satisfactory quality, merchantability or fitness for a particular purpose.No Warranty. We make no representation or warranty nor accept any obligation to ensure that:the Websites and Services will meet your requirements;the Websites and Services will be uninterrupted, timely, secure, or error-free;the results that may be obtained from the use of the Websites and Services will be effective, accurate or reliable; andthe quality of any Websites or Services will meet your expectations..Survival. The disclaimers and exclusions set out in this Agreement survive any termination or expiration of your access to or use of the Websites and Services and any termination or expiry of this Agreement.Limitation of Liability and IndemnificationLimitation of Liability. In no event shall we be liable for damages of any kind (including any direct, indirect, special, incidental, consequential, or punitive damages) arising out of or in connection with your access to, use of, or inability to use, the Website and Services. In addition, we are not liable for any errors, omissions, misstatements, or misrepresentations (whether express or implied) concerning any information on the Websites or Services.Indemnification. You shall indemnify, defend, and hold us, and our directors, officers, agents, representatives, co-branders or other partners, and employees, harmless from and against any claim, demand, suit, proceeding, cause of action, including all reasonable attorneys’ fees and expenses, made by any third party or suffered or incurred by us or them as a result of, arising out of or in connection with:the content you submit, transmit, store or process through the Websites and Services;your conduct in connection with the Websites or Services;your access to or use of the Websites and Services;your violation of this Agreement (inclusive of all terms relating to any Services); or your violation of any rights of another person or entity.
Acceptable Use PolicyAcceptable Use. You must only use the Website and Services for their stated or intended purpose and in accordance with this Agreement and all applicable laws and regulations. If you acquire POKT tokens (“POKT”) through the Website and Services, you agree to acquire POKT subject to the Company’s POKT purchase terms and conditions.
Unacceptable Use. You must not, and must not permit any person to:interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others’ use or enjoyment of the Websites and Services;attempt to do anything that does or could interfere with, disrupt, negatively affect or inhibit other users from using the Website and Services or links on the Websites or that could damage, disable, overburden or impair the functioning of the Websites, Services or our servers or any networks connected to any of our servers in any manner;create a false identity for the purpose of misleading or deceiving us or others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Websites or our representatives, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;mislead or deceive us, our representatives and any third parties who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;disguise the origin of any material transmitted via the Websites and Services (whether by forging message/packet headers or otherwise manipulating normal identification information);violate, infringe or misappropriate any intellectual property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;access any content, area or functionality of the Websites and Services that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Websites or Services;obtain unauthorized access to or interfere with the performance of the servers which host the Websites and Services or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;obtain any materials or information through any means not intentionally made available through the Websites and Services;harvest or otherwise collect, whether aggregated or otherwise, data about others including email addresses and/or distribute or sell such data in any manner;use any part of the Websites and Services other than for its intended purpose;use any automated means or form of scraping or extracting any data, content or information on the Websites and Services unless it is expressly authorized by us;engage in any act that undermines or compromises the security and integrity of the computer, communication systems, networks, software application, or other computing devices used in connection with the Websites and Services;monitor traffic on the Websites and Services, or permit anyone to do so;engage in or promote any activity that violates this Agreement; andattempt to do any of the foregoing.No Solicitation or Advice.
No Offer; No Solicitation. The information and any materials contained in the Websites or Services should not be considered as an offer or solicitation to buy or sell POKT, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction. Specifically, we provide a “Free Tier” wherein users are given limited network capacity at no cost. The availability of this service does not entitle users to POKT and does not constitute an offer or solicitation to purchase POKT.
No Advice. The information contained on or in the Websites and Services is not intended to provide and should not be construed as advice of any kind. You shall not use the Websites and Services as a substitute for independent and competent financial judgement and you should obtain appropriate professional advice when necessary.General ReleaseTo the fullest extent permitted by applicable laws and regulations, you release us and our directors, officers, agents, representatives, co-branders or other partners, and employees from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE § 1542 WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY,” AS WELL AS ANY OTHER STATE OR FEDERAL STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Termination Without Notice.
We limit Testnet participation to future application developers and persons operating nodes on the Company’s blockchain protocol (the “Pocket Network”) nodes. We may, at our discretion, impose any other eligibility criteria or conditions for any Service or any user as we deem appropriate.License. You hereby grant us a non-exclusive, royalty-free, worldwide, irrevocable, sub-licensable, and transferrable license to use and display any content, data, information, or materials that you upload or submit to us or to Testnet.Equipment. You shall procure your own hardware, software and other resources for accessing and using Testnet. You are responsible for ensuring that your hardware, software and other resources are compatible with the system or software requirements of Testnet and you shall ensure that such equipment will not cause any harm, damage, or threat to the systems, security, and resources of Testnet.Restrictions. We reserve the right, in our sole discretion and without notice, to block, prevent, or restrict any user from using any Service as we deem appropriate. In particular, we may block, prevent, suspend, or restrict access to and use of any Service by any known or suspected criminals or any person from any country that is involved or implicated in any sanctions program in any jurisdiction. To the extent permitted by laws, we may also adopt any access blocking or access restriction mechanisms, such as IP address geo-blocking, for any Service as we deem fit or as law requires.User Identity Verification. Before we enable any user to access or use any Service or as a condition to continue use of any Service, we may require any person or corporate entity to provide any supporting documents, including but not limited to national ID card, passport, and business registration certificates. We may also require any person or corporate entity to go through such identity authentication, verification, or due diligence processes as we deem appropriate.Warranties. As the term suggests, the Testnet is a network under test and is not the final, mainnet version of the Pocket Network.
The Testnet is provided to you on an “as is” and “as available” basis and all warranties, express, implied, statutory or otherwise, with respect to the Service are hereby excluded. You understand and acknowledge that the Testnet is in test form, may not operate properly, and may contain errors, design flaws or other issues. Your use of the Testnet remains at your own risk and discretion.Updates. We may make any improvement, modifications or updates to our Testnet, including but not limited to changes and updates to the underlying software, infrastructure, security protocols, technical configurations or service features (the “Updates”) from time to time. Your continued access and use of our Testnet are subject to such Updates and you shall accept any patches, system upgrades, bug fixes, feature modifications, or other maintenance work that arise out of such Updates. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us.
Termination. We may suspend or terminate the operation of Testnet at any time for any reason. We may also wipe, delete or reset the Testnet blockchain or launch a new Testnet blockchain any time as we deem appropriate, without notice to you. Termination of the Testnet does not affect our rights which may have accrued prior to the date of termination or the coming into, or continuance in, force of any provision which is expressly or by implication intended to come into or continue to be in force on or after termination.Incentivized Testnet and RewardsIncentivized Testnet. We are testing the Pocket Network blockchain and making available to Testnet users a rewards and incentivization mechanism which mimics the planned rewards and incentivization mechanism in the future mainnet release (the “Incentivized Testnet“). To participate in the Incentivized Testnet, you must first obtain Testnet tokens (“Testnet Tokens”) from the faucet, stake Testnet Tokens, and connect a Pocket node or application (dApp) to the Testnet.Temporary in nature. Testnet Tokens are temporary in nature. Testnet Tokens have no monetary value and cannot be exchanged for cash, cash equivalent, or other tokens or cryptocurrencies. You shall not attach any value to any Testnet Token and you are prohibited from using any Testnet Tokens for any purposes other than to access and use the Testnet.Cannot trade or sell. Without limitation, you must not, and must not permit any person to, trade Testnet Tokens with any third party for any purpose, make Testnet Tokens available for trade on any cryptocurrency exchange, offer Testnet Tokens for rent, lease, sale, or trade in any manner, or attempt to do any of the foregoing.Modification. We may from time to time add, modify, or remove any feature, functionality, or usability of any Testnet Token. We reserve the right to restart the Testnet and reverse all or some rewards issued, in the case of errors and/or malicious behavior in the system.
Rewards Tokens. Participants in the Incentivized Testnet will have the opportunity to earn Pocket’s mainnet protocol token, POKT, after mainnet is launched, subject to the conditions below (“Rewards Tokens”)Use Requirement. All participants who receive Rewards Tokens must use Rewards Tokens on the mainnet Pocket Network as application developers or Pocket Network nodes before they are transferred.Restricted Wallets. Rewards Tokens must be used for a minimum of five staking periods following mainnet Pocket Network launch. To enforce this use requirement, the Company will issue Rewards Tokens to restricted digital asset wallets, from which the Company shall not allow transfers until one staking period has elapsed.
You are responsible for ensuring that your hardware, software and other resources are compatible with the system or software requirements of Infrastructure Bootstrap Program and you shall ensure that such equipment will not cause any harm, damage, or threat to the systems, security, and resources of the Services.Restrictions. We reserve the right, in our sole discretion and without notice, to block, prevent, or restrict any user from using any Service as we deem appropriate. In particular, we may block, prevent, suspend, or restrict access to and use of any Service by any known or suspected criminals or any person from any country that is involved or implicated in any sanctions program in any jurisdiction. To the extent permitted by applicable law, we may also adopt any access blocking or access restriction mechanisms, such as IP address geo-blocking, for any Service as we deem fit or as applicable law requires.User Identity Verification. Before we enable any user to access or use any Service or as a condition to continue use of any Service, we may require any person or corporate entity to provide any supporting documents, including but not limited to national ID card, passport, and business registration certificates. We may also require any person or corporate entity to go through such identity authentication, verification, or due diligence processes as we deem appropriate.
Updates. We may make any modifications or updates to our Infrastructure Bootstrap Program, including but not limited to changes and updates to the terms hereof (the “Updates”) from time to time. Your continued involvement with our Infrastructure Bootstrap Program is subject to such Updates and you shall accept any modifications to our Infrastructure Bootstrap Program. We are not liable for any failure by you to accept and use such Updates in the manner specified or required by us.
Termination. We may suspend or terminate the operation of Infrastructure Bootstrap Program at any time for any reason, with or without notice. Termination of the Infrastructure Bootstrap Program does not affect our rights which may have accrued prior to the date of termination or the coming into, or continuance in, force of any provision which is expressly or by implication intended to come into or continue to be in force on or after termination.Infrastructure Bootstrap Program and RewardsGrant of POKT. We will grant POKT in increments of 15,000 POKT for the sole purpose of operating nodes, and we will grant up to an aggregate of 150,000 POKT per each applicant, in our sole discretion. For the avoidance of doubt, any affiliates shall be deemed the same applicant for purposes of the Infrastructure Bootstrap Program. In no event shall any applicant be granted more than 150,000 POKT in connection with the Infrastructure Bootstrap Program.
Participation Procedures. To participate in the Infrastructure Bootstrap Program, you must first apply online. We reserve the right to review your application and conduct due diligence, in our sole discretion, including but not limited to (i) verifying your technical expertise to connect to and connect to and run a Pocket node, (ii) verify your identity, and (iii) verify your physical systems to ensure that such systems are able to connect to and run a Pocket node. Upon completion of our review and approval, we will provide you with a digital wallet containing the requisite number of POKT as approved by us in our sole discretion.Cannot trade or sell. Without limitation, you must not, and must not permit any person to, trade the POKT received in connection with the Infrastructure Bootstrap Program (the “Bootstrap Tokens”) with any third party for any purpose, make Bootstrap Tokens available for trade on any cryptocurrency exchange, offer Bootstrap Tokens for rent, lease, sale, or trade in any manner, or attempt to do any of the foregoing.Restricted Wallets. To prevent circumvention of the terms of the preceding paragraph, we will issue Bootstrap Tokens to restricted digital asset wallets, from which the we will not allow transfers unless only to a Company owned digital asset wallet for the purpose of returning the Bootstrap Tokens.Modification. We may from time to time, in our sole discretion and without notice, add, modify, or remove any feature, functionality, or usability of any Bootstrap Token. We reserve the right to restart the Infrastructure Bootstrap Program and reverse all or some rewards issued, in the case of errors and/or malicious behavior in the system.Term and Termination. The Infrastructure Bootstrap Program is temporary in nature and intended to last only until the Company, in its sole discretion, determines it is no longer necessary.Return of Bootstrap Tokens. Upon the 18-month anniversary of the day we accept your application and provide you the Bootstrap Tokens (the “Expiration Date”), you must return the Bootstrap Tokens to a Company digital asset wallet as provided by the Company (the “Return Wallet”).
The Bootstrap Tokens will only be permitted to be transferred to a Return Wallet and will otherwise not be transferable to any other digital asset wallet. Should you fail to return your Bootstrap Tokens upon the Expiration Date, we may block, prevent, or restrict you from using any Service as we deem appropriate in our sole discretion.Rewards Tokens. By virtue of operating nodes using the Bootstrap Tokens, participants in the Infrastructure Bootstrap Program will earn POKT (“Earned Tokens”).