You agree that you are acquiring Node License NFT to participate in BALANCE and to obtain services on the ecosystem thereon. The Company, the Distributor, and their respective affiliates would develop and contribute to the underlying source code for BALANCE. The Company is acting solely as an arm’s length third party in relation to the Node License NFT distribution, and not in the capacity of a financial advisor or fiduciary of any person with regard to the distribution of Node License NFT.
To be eligible to use the Website (including services thereon) or participate in the Node License NFT distribution you must be at least eighteen (18) years of age or older. The Website, interface, and services thereon are strictly NOT offered to persons or entities who reside in, are citizens of, are incorporated in, or have a registered office in any Restricted Territory, as defined below (any such person or entity from a Restricted Territory shall be a Restricted Person). If you are a Restricted Person, then do not attempt to access or use the Website. Use of a virtual private network (e.g., a VPN) or other means by Restricted Persons to access or use the Website, interface, or services is prohibited. For the purpose of these Terms, Restricted Territory shall mean the United States, China, North Korea, Pakistan, Russia, Ukraine, Serbia, Tunisia, Uganda, Turkey, Iran, Iraq, Liberia, Libya, Syrian Arab Republic, Tajikistan, Uzbekistan, Yemen, Sri Lanka, Belarus, Venezuela, or any other state, country, or region that is subject to sanctions enforced by the United States, the United Kingdom, or the European Union.
Nothing in the Token Documentation or the Website constitutes any offer by the Company, the Distributor, or the BALANCE team to sell any Node License NFT (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Token Documentation or the Website is or may be relied upon as a promise, representation, or undertaking as to the future performance of BALANCE. The agreement between the Distributor (or any third party) and you, in relation to any distribution or transfer of Node License NFT, is to be governed only by the separate terms and conditions of such agreement.
By accessing the Token Documentation or the Website (or any part thereof), you shall be deemed to represent and warrant to the Company, the Distributor, their respective affiliates, and the BALANCE team as follows: in any decision to acquire any Node License NFT, you have not relied and shall not rely on any statement set out in the Token Documentation or the Website.
You shall at your own expense ensure compliance with all laws, regulatory requirements, and restrictions applicable to you (as the case may be).
You acknowledge, understand, and agree that Node License NFT may have no value, there is no guarantee or representation of value or liquidity for Node License NFT, and Node License NFT is not an investment product nor is it intended for any speculative investment whatsoever.
None of the Company, the Distributor, their respective affiliates, and/or the BALANCE team shall be responsible for or liable for the value of Node License NFT, the transferability and/or liquidity of Node License NFT and/or the availability of any market for Node License NFT through third parties or otherwise.
The Company, the Distributor, and the BALANCE team do not and do not purport to make, and hereby disclaims, all representations, warranties, or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness, or reliability of the contents of the Token Documentation or the Website, or any other materials published by the Company or the Distributor). To the maximum extent permitted by law, the Company, the Distributor, their respective affiliates, and service providers shall not be liable for any indirect, special, incidental, consequential, or other losses of any kind, in tort, contract, or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Token Documentation or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective acquirors of Node License NFT should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the distribution of Node License NFT, the Company, the Distributor, and the BALANCE team.
Node License NFT are designed to be utilized, and that is the goal of the Node License NFT distribution. In particular, it is highlighted that Node License NFT:
Does not have any tangible or physical manifestation, and does not have any intrinsic value/pricing (nor does any person make any representation or give any commitment as to its value).
Is non-refundable, not redeemable for any assets of any entity or organization, and cannot be exchanged for cash (or its equivalent value in any other digital asset) or any payment obligation by the Company, the Distributor, or any of their respective affiliates.
Does not represent or confer on the token holder any right of any form with respect to the Company, the Distributor (or any of their respective affiliates), or their revenues or assets, including without limitation any right to receive future dividends, revenue, shares, ownership right or stake, share or security, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property or license rights), right to receive accounts, financial statements or other financial data, the right to requisition or participate in shareholder meetings, the right to nominate a director, or other financial or legal rights or equivalent rights, or intellectual property rights or any other form of participation in or relating to BALANCE, the Company, the Distributor and/or their service providers.
Is not intended to represent any rights under a contract for differences or under any other contract the purpose or intended purpose of which is to secure a profit or avoid a loss.
Is not intended to be a representation of money (including electronic money), payment instrument, security, commodity, bond, debt instrument, unit in a collective investment or managed investment scheme or any other kind of financial instrument or investment.
Is not a loan to the Company, the Distributor, or any of their respective affiliates, is not intended to represent a debt owed by the Company, the Distributor or any of their respective affiliates, and there is no expectation of profit nor interest payment.
Does not provide the token holder with any ownership or other interest in the Company, the Distributor, or any of their respective affiliates.
Notwithstanding the Node License NFT distribution, users have no economic or legal right over or beneficial interest in the assets of the Company, the Distributor, or any of their affiliates after the token distribution.
To the extent a secondary market or exchange for trading Node License NFT does develop, it would be run and operated wholly independently of the Company, the Distributor, the distribution of Node License NFT and BALANCE. Neither the Company nor the Distributor will create such secondary markets nor will either entity act as an exchange for Node License NFT.
The Token Documentation and the Website may be translated into a language other than English for reference purposes only, and in the event of conflict or ambiguity between the English language version and translated versions of the Token Documentation or the Website, the English language versions shall prevail. You acknowledge that you have read and understood the English language version of the Token Documentation and the Website.
No part of the Token Documentation or the Website is to be copied, reproduced, distributed, or disseminated in any way without the prior written consent of the Company or the Distributor. By attending any presentation on this Token Documentation or by accepting any hard or soft copy of the Token Documentation, you agree to be bound by the foregoing limitations.