These Terms of Use (“Terms”) are a multi-party contract among you and all other participants in the current and future decentralized, blockchain infrastructure-as-a-service network, branded “Orbs” and made available in open source code form at the GitHub repositories located at https://github.com/orbs-network (the “Network”), including without limitation the Network’s: (1) consensus-based decentralized computing services, (2) consensus-based decentralized storage services, (3) consensus-as-a-service services, and (4) security, governance and operation model, all of which are provided on or by way of the Network (collectively, the “Services”). The Network operates using cryptocurrency tokens to be used exclusively in connection with the Network (“Orbs Tokens”). These Terms apply to all participants in the Network, including: (i) developers (both individuals and entities) that will run decentralized applications over the Network (“Developers”); (ii) the individuals and entities that are the end-users of such applications or that otherwise interact directly or indirectly with the Network (“End-Users”); (iii) the persons and entities that utilize servers to participate in the consensus process and provide the actual compute and storage resources to execute Developers’ applications on top of the Network’s blockchain infrastructure, and, under the Network’s security, governance and operation model, review and monitor the operations of the Network and secure the Network, including by voting in Guardian elections based on the Network’s protocol in which voting power is proportionate to the number of Orbs Tokens associated with such Guardian (“Guardians”); (iv) holders of Orbs Tokens (“Token Holders”); and (v) any and all entities and persons who created and/or initially sold Orbs Tokens and their respective current or future subsidiaries, affiliates, directors, officers, employees, agents, representatives, and any other person or entity with any involvement in the Network’s reserve allocation or in developing software underlying the Network, in each case, or any other such person or entity, including without limitation Orbs Ltd. (collectively, the “Subject Persons”). All users of and participants in the Network, including Guardians, Developers and End-Users will collectively be referred to as “you” or “your.” Your use of and access to the Network and any Services or applications available on the Network, and any information, text, photos, graphics, videos, idea, concept, discovery, invention, development, technology, algorithm, program, code, documentation or other material or information available on or through the Network is subject to these Terms.
These Terms are a legal agreement, and they contain important information on your legal rights, remedies and obligations. You may use the Network only if you can form a binding contract.
Please read and review these Terms carefully.
If you are using the Network as a natural person, by using the Network (i) you agree that you have read, understood and are bound by these Terms; (ii) you will comply with all applicable laws, regulations, rules and policies; and (iii) you represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and are of the minimum age required by the law of your jurisdiction to engage in activity of the type you will engage in on the Network, including entering into a binding agreement to abide by these Terms. You also agree that your access to and use of the Network is a valuable benefit that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access or use the Network.
If you are using the Network as a natural person representing a legal entity, by using the Network, in addition to the foregoing undertakings, you represent and warrant on behalf of such entity that: (i) you are authorized to act on the Network on behalf of such entity, including accepting these Terms; (ii) such entity is duly organized, validly existing and in good standing under the laws of the jurisdiction of its formation; (iii) such entity has all requisite power and authority to enter into these Terms and to consummate the transactions contemplated hereby; (iv) such entity has duly and properly taken all corporate acts and other proceedings required to be taken to authorize the execution and performance of these Terms and to consummate the transactions contemplated hereby; (v) such entity is in compliance with all applicable laws and will not use the Network for or in connection with any unlawful act or purpose; and (vi) the use and operation of any content and materials that such entity may contribute to the Network does not and will not infringe, misappropriate or conflict with any Intellectual Property or other right of any third party. If you do not agree to these Terms and such entity is not able to make the foregoing representations and warranties, you may not use or access the network.
Minors Prohibited: The Network is not directed to individuals under the age of eighteen ((18) or the age of majority in your jurisdiction if the age of majority is greater). If you are under the age of eighteen or the age of majority (if greater), you are not authorized to access or use the Network.
The Network is a peer-to-peer platform with a decentralized, blockchain-based architecture designed to provide blockchain infrastructure-as-a-service. The Network offers the Services. The participants in the Network are Developers, End-Users, Guardians and Token Holders.
You hereby expressly acknowledge and agree that the Network is a decentralized network and the Subject Persons: (A) are not responsible for the development or launch of the Network and (B) do not undertake any responsibility to operate, maintain, support or otherwise authorize any activity related to the Network.
As a decentralized network, the Network and the Network Content (as defined below) may be updated or modified from time to time. Such modifications or updates may be significant, including the adoption of new versions of the Network Content that differ substantially from the current version and result in significant changes to the Network. Such changes may include updates or the implementation of a more advanced version of the Network’s consensus algorithm, fee model, smart contract capabilities, security, governance and operation model or other features of the Network.
Such updates or modifications may be proposed by the Subject Persons, Guardians or other persons or entities who desire to make such proposals. The acceptance of such proposals may be subject to approval in accordance with the terms of the Network’s then-applicable security, governance and operation model. Alternatively, in the case of certain upgrades to the security, governance and operation model or changes that otherwise supersede or are not technically implementable within the Network’s then-applicable security, governance and operation model, the acceptance of such changes may depend on the practical decision by Guardians, Token Holders, Developers and End-Users to implement such proposals or adopt the version of the Network containing such proposals or to decline to do so.
“Network Content” includes, without limitation, the Orbs software stack reference implementation, including any idea, concept, discovery, invention, development, technology, algorithm, program, code, documentation or other material or information related thereto; the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Network; trademarks, trade names, and all other intellectual property rights covering or embodied by the Network Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Network Content does not include Developer Content or End-User Content, as described herein. You do not acquire any ownership interest in any Network Content by accessing or using the Network or Network Content.
The Subject Persons and/or any entities and/or persons who have introduced modifications or proposed modification to the Network or such Network Content may make the applicable source code for such software available for download as open source software. You agree to be bound by the license agreement that applies to any open source software used in the Network or any Network Content. You will not indicate that you are associated with the entities and/or persons who created such software in connection with your use, modifications or alterations of the software.
To access the Network, you will need a compatible device, Internet access, and certain software that may require updates or upgrades. Your ability to use the Network may be affected by the performance of hardware, software, and Internet access. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.
##4 . Your Use and End-User Content and Developer Content
You may access, browse and use the Network and Network Content only in accordance with these Terms. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Network or Network Content, except as provided herein.
Parts of the Network may allow End-Users (and possibly others) to post, upload, transmit or submit content and information to the Network (collectively, “End-User Content”), and parts of the Network will allow Developers to create, upload and operate decentralized applications over the Network (collectively, “Developer Content”).
When you upload, post, publish or make available any End-User Content or Developer Content on the Network, you grant any other user of the Network a perpetual, non-exclusive, royalty-free, and worldwide license to publicly display, communicate, distribute, host, publish, reproduce, make modifications or derivative works (solely for the purpose of better showcasing your User Generated Content) store and to use such End-User Content or Developer Content, in connection with the use and operation of the Network. When you upload, post, publish or make available any End-User Content or Developer Content to other users on the Network, you grant to such other users a non-exclusive and royalty-free license, to access and view your End-User Content or Developer Content. Please note that no party on the Network will monitor or control what other users do with your End-User Content or Developer Content.
Please do not post any confidential, secret or proprietary information or material through the Network. You are entirely responsible for maintaining the confidentiality of your End-User Content or Developer Content and any of your non-public information. It is your responsibility to obtain any and all consents required under any applicable laws, regarding the posting of any personal information of others which is part of the End-User Content or the Developer Content, and to adhere to any applicable laws regarding such information. By providing End-User Content and/or Developer Content, you: (i) represent and warrant, to all other users of the Network, that End-User Content and/or Developer Content is your original creation, that you own or otherwise control all of the rights in End-User Content and/or Developer Content, or that you have the rights necessary to grant the license to End-User Content and/or Developer Content granted herein, and that End-User Content and/or Developer Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; and (ii) shall indemnify and hold harmless any and all Subject Persons from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from the use of the Network, the Network Content, End-User Content and/or Developer Content, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action.
Developers are responsible for adhering to applicable law regarding any End-User Content acquired as a result of the activities of the application operated by such Developer.
No party will bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any Developer Content or End-User Content. You hereby acknowledge and agree that any Developer Content and/or End-User Content is non-confidential.
You understand and agree that you are solely responsible for your End-User Content and/or Developer Content, and the consequences of sending posting or publishing such End-User Content and/or Developer Content, on the Network, in any way.
In the event that, in order to serve as a Guardian, you are required to present certain information for registration purchases, you hereby acknowledge that you are providing the Network with such information on your own free will, for the purpose of becoming eligible to act as a Guardian on the Network, and that you consent to such information being stored in accordance with the procedures of the Network, and waive any and all claims against the Subject Persons relating to such information. You further acknowledge that since such information may be stored on a public blockchain network, it may be technically impossible for any information to be deleted from such network once submitted.
NO PARTY OTHER THAN THE PARTY POSTING SUCH USER CONTENT TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY END-USER CONTENT OR DEVELOPER CONTENT UPLOADED, POSTED, PUBLISHED AND MADE AVAILABLE BY YOU OR ANY OTHER USER ON THE NETWORK, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS ANY OTHER PARTY LIABLE FOR ANY MISTAKES, DEFAMATION, LIBEL, FALSEHOODS, OBSCENITIES OR PORNOGRAPHY YOU OR ANY OTHER USERS MAY ENCOUNTER.
As a decentralized network, the actual existence and performance of the Network is dependent on the collective actions of various participants in the Network, including, among others, Guardians and Token Holders. The Network may not continue to exist and may not perform as expected if such parties cease their activities on the Network. No one, including the Subject Persons, can guarantee that such parties will continue to act or that the Network will continue exist or perform at the expected level.
You hereby expressly acknowledge and agree that the Network is governed by defined voting governance guidelines, as such may be in effect and amended from time to time in accordance with the then-applicable governance framework of the Network.
If you are a Guardian, you hereby expressly acknowledge and agree that your activities on the Network are subject to the Guardian statement set forth in Exhibit A hereto, that you will comply with the provisions of such statement in all respects in your activities on the Network and that failure to comply with such provisions may result in penalties in accordance with the then-applicable governance provisions of the Network.
Without limiting the foregoing, you hereby acknowledge and agree that: (i) only Token Holders who are beneficial owners of Orbs Tokens are permitted to vote or delegate such Orbs Tokens in the course of any governance or decision-making procedure to which such Orbs Tokens have participation rights; (ii) any person holding any Orbs Tokens in the capacity of custodian on behalf of a Token Holder who is not the beneficial owner of such Orbs Tokens shall not have the right to vote, delegate or otherwise participate in the governance of the Network, and shall not take any such action unless expressly instructed to do so by the Token Holder who is the beneficial owner of such Orbs Tokens; (iii) no user shall offer nor accept anything of value in exchange for a vote of any type, except in accordance with any reward system of the Network that may be in effect from time to time, nor shall any user unduly influence the vote of another.
The Network has been designed to provide service cost stability to users and developers by setting the prices of the computing resources required for each type of on-demand service available on the Orbs networks at a certain number of Orbs tokens, which prices have been set forth on the Orbs Operation Fees document at https://www.orbs.com/pricing/. The specific prices listed therein are presented in good faith and believed to be correct at the time of publication, however the model presented may be changed from time to time during the launch period, including as the result of ongoing testing of the model and actual results before and during the launch period.
The pricing list for computing services on the Orbs network may be subject to change from time to time, including, without limitation, by replacing such prices with prices based on an index of prices published by third party cloud providers or by other methods of pegging transaction costs on the Orbs network to a dedicated amount of computing capacity.
Without limiting the generality of any of the foregoing, changes to the specific prices listed on the price list may occur at any time during or after the launch period as a result of adjustments to the pricing model based on the outcome of testing, adjustments to the pricing model based on actual results during the launch period, additional experience in the behavior of the market for dedicated capacity, changes to the information available from third party cloud service providers, changes due to unforeseen cost increases or decreased of cloud computing, and changes initiated by participants in the governance of the Orbs network.
You warrant and agree that, while accessing or using the Network, you will not:
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access, use or attempt to access or use another user’s account, including any private key, public key or wallet address, that you are not authorized to access or use;
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interfere with or disrupt the operation of the Network or the servers or networks that host the Network, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
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engage or attempt to engage in any attack or other malicious behavior or activity that threatens the integrity of the Network, including, without limitation, 51% attacks, double-spend attacks, eclipse attacks, transaction malleability attacks, timejacking, routing attacks, Sybil attacks, denial of service attacks, or race condition attacks;
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create a false identity for the purpose of misleading others or otherwise impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Network, the licensors of any content hosted on the Network or anyone otherwise affiliated with the Network;
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transmit or otherwise make available in connection with the Network any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
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obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Network Content available on or through the Network through any means, including through means not intentionally made publicly available or provided through the Network;
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engage in any unauthorized means of accessing, logging-in or registering on the Network, or obtaining lists of users or other information from or through the Network, including, without limitation, any information residing on any server or database connected to the Network;
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use the Network or Network Content in any manner that could interrupt, damage, disable, overburden or impair the Network, or interfere with any other party’s use of the Network, including, without limitation, sending mass unsolicited transactions or “flooding” servers;
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use the Network or Network Content in violation of proprietary or legal rights or rights of any party;
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use the Network or Network Content in violation of any applicable law;
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use the Network if you are a citizen, resident or otherwise located in a country or region subject to comprehensive sections, including, but not limited to, the Crimean region of Ukraine, Cuba, Iran, Lebanon, North Korea, Sudan and Syria;
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without derogating from the generality of any other provision of these Terms, use the Network for any type of activity associated with money laundering or terror financing, or to violate any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act (2010), Sections 290-297 of the Israeli Penal Law 1977 (Bribery Transactions), the Israeli Prohibition on Money Laundering Law, 2000, or any other applicable anti-corruption or anti bribery legislation;
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use the Network if you are subject to any investigation by, or has received a request for information from any governmental body relating to corruption or bribery under any statute;
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use the App if you are a resident or citizen of any geographic area in which governmental authorities have indicated that the purchase or sale of digital assets such as the Orbs Tokens may be prohibited by applicable law, decree, regulation, treaty or administrative act;
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use the Network or Network Content to publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable; or
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attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Network or the Network Content, including without limitation any security, digital rights management or data encryption components limiting access to Network Content;
You acknowledge that entering into any transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. Such transactions may, among other things, include payments between participants for their activities on the network, transaction fees paid by Developers to Guardians for providing computing resources on the network, arrangements between Guardians and Token Holders with respect to staking, voting and rewards within the Network’s security, governance and operation mode and arrangements with respect to fees paid by End Users to Developers. Notwithstanding that such transactions and other similar transactions may be allowed, facilitated or encouraged by the design of the Network and components included in the Network Content, you acknowledge and agree that the actual entry into any such agreement, transaction or arrangement by any users of the Network is accomplished as a peer-to-peer transaction between the parties thereto and is subject to the terms of the agreement between such parties. You are solely responsible for any disputes you may have with any Network participant or any other party regarding such agreements and transactions. THE SUBJECT PERSONS DISCLAIM ALL LIABILITY RELATED TO ANY DISPUTES BETWEEN, BY AND AMONG YOU AND ANY DEVELOPERS, END-USERS, GUARDIANS AND/OR TOKEN HOLDERS.
You may find some Network Content, Developer Content and/or End-User Content offensive or objectionable. You agree that your use of the Network, including access to such Network Content, Developer Content and/or End-User Content, is at your sole risk, and that the Subject Persons shall have no liability to you for content that may be found to be offensive or objectionable. Descriptions of Network Content, Developer Content and End-User Content available on the Network are for your convenience.
The Network may include links to websites of third parties. If you click on these links, you will leave the Network. Network participants are not responsible for their content or operation. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
The Network is based on blockchain technology. Furthermore, the Network requires the use of a virtual currency, the Orbs Tokens, for certain aspects of its functionality. Without limitation, the Orbs Tokens are required for Developers to pay transaction fees to Guardians for providing the services needed to run their applications on the Network. In addition, participants in the Network’s security, governance and operations model, including Guardians and Token Holders, may utilize the Orbs Tokens in order to participate in the model by direct voting or delegating the vote associated with such Orbs Tokens, and may receive rewards in the form of Orbs Tokens for such activities, all in accordance with the then-applicable security governance and operations model.
Accordingly, when using this Network, you should be aware of the following risks associated with virtual currency, including the Orbs Tokens, and blockchain-based software, including the Network:
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virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections or similar laws in any jurisdiction;
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legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of virtual currency;
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transactions in virtual currency are generally irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
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some virtual currency transactions shall be deemed to be made when recorded on a “block chain” ledger, which is not necessarily the date or time that the customer initiates the transaction;
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the value of virtual currency is derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for that virtual currency disappear;
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there is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future;
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the volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss or tax liability over a short period of time;
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the nature of virtual currency may lead to an increased risk of fraud or cyber-attack;
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the nature of virtual currency means that any technological difficulties experienced by You may prevent the access or use of a customer’s virtual currency;
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the Network is likely to experience scheduled and unscheduled downtime, interruptions, delays, hard forks, bugs, viruses, and cyberattacks;
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the Network may from time to time lack features or functionality and/or require maintenance, support or other adjustments;
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the Network rests or relies on open-source software, and there is a risk that a person introduces weaknesses, bugs, viruses or other malicious code into the core infrastructural elements of the Network causing the system to lose or erase all or a portion of the Orbs Tokens used in connection with the Network;
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it is possible that the Network will not be used by a large number of external businesses, individuals, and other organizations and that there will be limited public interest in the creation and development of distributed applications. Such a lack of interest could impact the development of the Network and potential uses of Orbs Tokens. It is not possible to predict the success of any development efforts of any party;
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the actual existence and performance of the Network is dependent on the collective actions of various participants in the Network, including, among others, Guardians and Token Holders. It is possible that the Network may not continue to exist and may not perform as expected if such parties cease their activities on the Network. No one, including the Subject Persons, can guarantee that such parties will continue to act or that the Network will continue exist or perform at the expected level;
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you recognize that the Network is under development and may undergo significant changes over time and you acknowledge that any expectations regarding the form and functionality of the Network held by you may not be met upon release of the Network or any update thereto, for any number of reasons including a change in the design and implementation plans and execution of the implementation of the Network;
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the state of cryptocurrency can advance over time and advances in code cracking, or technical advances such as the development of quantum computers, could present risks to the Orbs Tokens and the Network, which could result in the theft or loss of Orbs Tokens. To the extent possible, participants in the Network may attempt to update the protocol underlying the Network to account for any advances in cryptography and to incorporate additional security measures, but the future of cryptography cannot be predicted and there can be no guarantee that any security updates will be made in a timely or successful manner;
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as with other cryptocurrencies, the blockchain used for the Network is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “Selfish-mining” attacks or race condition attacks and any successful attacks present a risk to the Network, expected proper execution and sequencing of transactions in Orbs Tokens, and expected proper execution and sequencing of contract computations. Despite the efforts of participants in the Network, including Guardians, known or novel mining attacks may be successful.
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if the Network is rapidly adopted, the demand for Orbs Tokens could rise dramatically and at a pace that exceeds the rate with which new Orbs Tokens are released from reserves or otherwise become available for use. Under such a scenario, the entire Network could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Network and Orbs Tokens. Instability in the demand for Orbs Tokens may lead to a negative change of the economical parameters of an Orbs Token-based business which could result in the business being unable to continue to operate economically or to cease operation.
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if the Network is rapidly adopted, the demand for transaction processing and distributed application computations could rise dramatically and at a pace that exceeds the rate with which Guardians can bring online additional computing power. Under such a scenario, the entire Network could become destabilized, due to the increased cost of running distributed applications. In turn, this could dampen interest in the Network and the Orbs Tokens. Insufficiency of computational resources and an associated rise in the price of Orbs Tokens could result in businesses being unable to acquire scarce computational resources to run their applications.
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It is possible that alternative which utilize the same open-source source code and open source protocol underlying the Network could be established. The Network may compete with these alternative networks, which could potentially negatively impact the Network and the Orbs Tokens; and
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the Network could be impacted in whole or in part by one or more regulatory or governmental inquiries or actions, which could impede, limit or restrict the use or transfer of Orbs Tokens or otherwise result in the complete or partial loss in value of Orbs Tokens.
You hereby expressly acknowledge and agree that (i) you are accepting and using the Network and the Orbs tokens at your sole risk and expense; (ii) you have an adequate understanding of the risks, usage and intricacies of cryptographic tokens such as the Orbs tokens and blockchain-based software such as the Network, including the risks set forth above; (iii) any and all Subject Persons shall have no responsibility or liability for the loss, transfer, misappropriation, theft, use or misuse of any Orbs Tokens, including as utilized in connection with the Network, or any financial or physical harm or loss related thereto, and you hereby irrevocably waive any and all rights and claims with respect thereto and claims with respect thereto, (iv) you will comply with any and all applicable rules and laws regarding your use of Orbs Tokens, including in connection with the Network and (vi) the Subject Persons not endorse or recommend the use of any software or hardware wallet services and/or market exchanges (including any over-the-counter market) in connection with any storage, transfer or other transaction related to Orbs Tokens, all of which may be used at your sole risk and expense.
The Network is a peer-to-peer platform with a decentralized, blockchain-based architecture designed to provide blockchain infrastructure-as-a-service. As a decentralized platform, the actual existence and performance of the Network is dependent on the collective actions of various participants in the Network, including Guardians and Token Holders. No party, including the Subject Persons, can exert full control over the operation of the Network or the actual results obtained from its use. You acknowledge and agree that the control of the Network is distributed and that accordingly no particular party, including the Subject Persons, is able to provide warranties or guarantees regarding the future operations or actual results of any activity on the Network.
Developers specifically agree that they will not bring any legal actions against any Guardian operator based on such Guardian operator’s conduct as a Guardian, and that they will indemnify all Guardian operators from and against any and all claims brought by the Developer’s End-Users.
All Guardian operators and Developers agree that they will not bring any legal actions against the Subject Persons.
The Network is accessible world-wide. The Network and Network Content may not be appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Network may not be legal in your jurisdiction. If you choose to access, browse or use the Network, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. Any offer for any feature or function made on the Network is void where prohibited.
Any information provided on the Network is of a general nature only and cannot create liability concerning any action that any person may take based on any information or guidance provided at the Network.
Some Network Content may be provided by the users of the Network. The Subject Persons do not obtain or control any rights in, and do not exert editorial control over, such Network Content. They do not independently verify the representations and warranties made by the users with respect to such Network Content.
The Subject Persons do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Network or any of Network Content, End-User Content and/or Developer Content. They are not liable for any errors, omissions, or inaccurate Network Content, End-User Content and/or Developer Content. Furthermore, the Subject Persons disclaim: (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Services, or the Company website or any of its subpages; (b) any and all responsibility for the conduct of any user of the Services; (c) any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, the Company website or any of its subpages; (d) any and all responsibility for any financial gains, losses or tax consequences associated with the your use of the Services and the associated cryptocurrency.
THE NETWORK AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF THE NETWORK AND ITS CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. NO PARTY WARRANTS THAT THE NETWORK OR ITS CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE NETWORK AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. THERE IS NO WARRANTY THAT THE NETWORK WILL MEET USERS’ OR DEVELOPER’S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE NETWORK IS TO DISCONTINUE ALL USE OF THE NETWORK.
EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL THE SUBJECT PERSONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE NETWORK OR THE ORBS TOKENS OR WITH THE DELAY OR INABILITY TO USE THE NETWORK, THE ORBS TOKENS OR NETWORK CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE NETWORK, OR FROM THE FAILURE OF THE NETWORK TO PERFORM AS DESCRIBED OR EXPECTED, OR FROM THE FAILURE OF THE SUBJECT PARTIES TO PERFORM UNDER THESE TERMS OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL THE SUBJECT PERSONS BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE NETWORK (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR END-USER CONTENT AND/OR DEVELOPER CONTENT). IN NO EVENT SHALL SUCH ENTITIES’ OR PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS (US$100).
You agree to hold harmless and indemnify the Subject Persons from and against any action, cause claim, suit, judgment, damage (actual and consequential), debt, demand, expense or liability (including reasonable costs and attorney’s fees) of every kind and nature, asserted by any person, arising from or in any way related to your use of the Network or the Orbs Tokens.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Subject Persons or between them and any other user of the Network. You acknowledge that by submitting End-User Content or Developer Content, no confidential, fiduciary, contractually implied or other relationship is created between you and the Subject Persons other than pursuant to these Terms.
You hereby acknowledge and agree that you are responsible for all tax consequences of any transaction or activity you undertake on the Network, any provision or receipt of the Services, and/or any reward or other value received in connection therewith. You are solely responsible for determining whether or not to use the Network or to receive or provide any Services and you acknowledge that the Services may be subject to export restrictions and economic sanctions imposed by law. To the extent that the Subject Persons is a party to any transaction on the Network, you acknowledge and agree that the Subject Persons may withhold any tax or other amounts required by applicable law from any payment or consideration payable as a result of such transaction. You agree to indemnify and hold harmless the Subject Persons, or any of them, from any taxes imposed against the Subject Persons as a result of your activities on the Network, any loss, liability or cost which such Subject Persons determines will or has been incurred as a result of any taxes resulting from your activities on the Network, or any proceeding brought against the Subject Parties by any governmental authority in connection with any taxes resulting from your activities on the Network.
Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Network and Network Content. These Terms constitute the entire agreement among the Network participants and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and other Network participants, with respect to your use of the Network and all matters relating to your access to, and/or use of, the Network and Network Content. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
These Terms are subject to change from time to time in accordance with the then-applicable governance procedures of the Network.
Any dispute to which the Subject Persons are a party arising out of or related to the Network will be brought in, and you hereby consent to exclusive jurisdiction and venue of, the competent courts of the Tel-Aviv-Jaffa District, Israel, provided, however, that nothing herein shall be deemed to preclude the Subject Persons from bringing any suit, enforcing any right or taking other legal action in your local jurisdiction. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
As part of these Terms, all Developers and any other participant who facilitates the use of the Network, directly or indirectly, by any End User, shall undertake to ensure that such End-User enters into an agreement or other arrangement which governs the relationship between the Developer or other participant and such the End User regarding the Network and obligates such End-User to be subject to these Terms. Such Developer or other participant is solely responsible for the effectiveness of such arrangement with the applicable End Users.
In registering to become eligible to serve as a Guardian and operate a validator node on the Orbs Network, I [we] hereby declare to all other participants in the Orbs Network, that for so long as I serve as a Guardian I [we] will be committed to the security, governance and operation procedures of the Orbs network.
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Model. I am familiar with the roles of different agents active in the Orbs network –Guardians and Delegators – as described at https://www.orbs.com/orbs-pos-universe/ (the “Model”) and the responsibilities of each role and the procedures connected with each role. I accept the principles of the Model and intend to cooperate with the other participants in the Orbs Network in accordance with the Model.
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Protocol and the Terms of Use. I am [we are] familiar with the protocol specifications contained in the GitHub repository located at https://github.com/orbs-network/orbs-network-go as may be in effect from time to time (the “Orbs Protocol”). I [we] intend to operate an Orbs Guardian node to ensure that the rules of the Orbs Protocol are followed with respect to all transactions on the Orbs network. I [we] further agree to comply with the Orbs Network Terms of Use located at https://github.com/orbs-network/orbs-network-go/blob/master/NETWORK-TOU.md, as may be in effect from time to time, in all respects.
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Participation: I [we] will participate in the Orbs Protocol for each virtual chain then operating on the Orbs Network by proposing blocks and confirming them according to the Orbs Protocol as then in effect.
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Computational Resources. I [we] will dedicate the required amount of computational resources to operate such virtual chains.
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Virtual Chains. I [we] will assist in the creation of virtual chains to support fee-paying applications interested in running on Orbs.
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Non-Discrimination. I [we] will enforce the rules of the Orbs Protocol equally to all users, domains and transactions. My [our] validation services shall not discriminate between transactions or blocks based on any parameter that is not relevant to the operation of each virtual chain or for any reason that is extraneous to the Orbs Protocol.
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Uptime/Liveness. I [we] will ensure that my [our] Guardian node will be available 99.9% of the time, provided that I [we] shall be permitted to have planned downtime of up to 5 hours per month. To the best of my [our] abilities, planned maintenance will be coordinated with other Guardians to minimize the impact of such downtime.
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Connectivity. I [we] will provision resources to ensure proper bandwidth and low latency of connectivity with other nodes and will maintain the required communication routes, ports and endpoints.
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Upgrade Process. I [we] will participate in the protocol upgrade process by diligently reviewing all proposed upgrades and confirming or rejecting such upgrades according to the best interests of the Orbs Network and all participants therein.
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Updated Protocol. I [we] will run software that complies with the most recent version of the Orbs Protocol, as accepted under the then-applicable governance procedures of the Orbs Network.
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Security Upgrades. I [we] will address all critical and security upgrades in an immediate fashion, providing the necessary resources to ensure the security of the Orbs Network.
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Security Best Practices. I am [we are] aware of the security implications of operating a Guardian node on the Orbs Network, including physical security, private keys and credentials storage and use cloud services security, server, operating system and application hardening and intend to act in a manner consistent with industry best practices to ensure the secure operation of the Guardian node.
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Rewards. I am [we are] familiar with the terms of the Orbs Universe Reward Plan as may be in effect from time to time (the “Reward Plan”) and accept and am [are] willing to participate and be eligible for the Guardian rewards as set forth in the Plan in accordance with the terms thereof.
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Terms: I [we] acknowledge and agree that all use of, access to and activities on the Network are subject to the Orbs Network Terms of Use, as may be in effect from time to time.
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Liability. I [we] acknowledge and agree to the limitations of the liability of any and all entities and persons who created and/or initially distributed Orbs Tokens or were otherwise involved in the creation of the Orbs Network that are set forth in the Orbs Network Terms of use. I [we] acknowledge and agree the terms of liability set forth in the Orbs Network Terms of Use.
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Non-Derogation. I will not take any malicious action, whether on the Network or outside of it and will not disparage the Orbs Network or the other parties participating in the Orbs Network in good faith.