Please read these terms and conditions carefully before using www.discreet.net , operated by Discreet (the “Company”).
The following Terms and Conditions (“ToC”), govern your (“you”, the “Purchaser”) purchase of a BEP-20 token that serves as a contract between the Purchaser and the Company, to redeem in the future for Discreet coins (“DIST”), once the Company deploys their product.
This document should in no way be understood as a solicitation for investment, nor any financial advice, as to your purchasing decisions.
DO NOT PURCHASE DISCREET TOKENS IF YOU ARE NOT FAMILIAR WITH CRYPTOCURRENCIES IN GENERAL AND THE MECHANISMS WHICH GOVERNS THE SPACE (PUBLIC KEY CRYPTOGRAPHY).
BE AWARE THAT YOUR PURCHASE COULD BE LOST IN THE INTERIM IF YOUR KEYS GET LOST OR STOLEN, THEREFORE IT IS GENERALLY ADVISED TO HAVE A BACKUP OF YOUR KEYS
Sale and Eligibility
I.
By participating in the Token Sale, the User agrees to the T&C and in particular, they represent and warrant that they:
A.
are authorized and have full power to acquire DIST token according to the laws that apply in their jurisdiction of domicile;
B.
are not a U.S. citizen, resident or entity (a “U.S. Person”) nor are they purchasing DIST token or signing on behalf of a U.S. Person;
C.
are not a Chinese resident nor are they purchasing DIST token or signing on behalf of a Chinese resident;
D.
are not a South Korean resident nor are they purchasing DIST token or signing on behalf of a South Korean resident;
E.
are familiar with all related regulations in the specific jurisdiction in which they are based and that purchasing cryptographic tokens in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind;
F.
are not acting for the purpose of speculative investment;
G.
live in a jurisdiction which allows the Company to sell the DIST token through a crowdsale without requiring any local authorization;
H.
does not live in a jurisdiction which is qualifying token issued through a crowd sale as securities;
I.
will not use the Token Sale for any illegal activity, including but not limited to money laundering and the financing of terrorism;
J.
are solely responsible for determining whether the acquisition of DIST token is appropriate for them;
K.
understand the risks associated with the Token Sale (incl. the risks related to the nondevelopment of the Discreet Network and operations) and understand the use of cryptocurrencies and its associated risks.
II.
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; (b) you are duly authorized by such legal entity to act on its behalf (c) 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);
III.
You must be at least 18 years old to use our services, product and website. By using our services, products and accessing our website you represent and warrant that you: (a) are at least 18 years old; (b) you have full power and authority to enter into this agreement (c) have not been previously suspended or removed from using our services (b) 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).
IV.
Company shall have the right to implement necessary measures to monitor compliance of this Section.
Important Risks
I.
It is important for the Purchaser to consider the risks involved in participating in the Initial Dex Offering (hereinafter, “ICO”). Significant considerations have to be made when participating in such an early stage of a project and you should consider the following risks before deciding to make a purchase of any Discreet tokens:
Failure to meet development deadlines. Any potential Purchaser should carefully consider and audit the viability of meeting the proposed roadmap for development and finalization of any product(s) advertised by the Company. If necessary, obtain independent advice in this regard. Any interested person who is not in the position to accept nor to understand the risks associated with the activity (incl. the risks related to the non-development of the Discreet network and operations) or any other risks as indicated in the T&C, should not acquire DIST, at this stage or later.
II.
Legal Risk concerning Security Regulation. There is a risk that in some jurisdictions DIST tokens might be considered as a security, now or in the future. Company does not give warranties or guarantees that DIST tokens are not a security in all jurisdictions. Each user of DIST shall bear its own legal or financial consequences of the DIST token being considered a security in their respective jurisdiction. The legal ability of Company to provide DIST tokens 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 DIST tokens are not legal in certain jurisdiction, Company will base on its sole discretion either (a) cease operations in that jurisdiction, or (b) adjust DIST tokens in a way to comply with the regulation should that be possible and viable. It is your obligation to check if acquisition and disposal of DIST tokens is legal in your jurisdiction, and by accepting these Terms you expressly agree and warrant that you will not use DIST should their use not be legal in the relevant jurisdiction.
III.
Unanticipated risks. Cryptocurrencies and blockchain technologies are new and untested technology an in addition to the risk outlined in these Terms, there are also unforeseeable risks that may materialize as unanticipated.
IV.
You acknowledge, agree and warrant that you have been warned of the potential risks involved by using our services, website and product 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.
Limitations and Liability
The Company, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, assumes no liability or responsibility for any loss raised from the token sale, arising out of or related to the use of the Discreet Network or any technical, interruption or malfunction of the Discreet platform, website, token, services or otherwise. In no event shall the Company, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors, be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever, including without limitation any damages caused by or resuming from reliance by any user or any information obtained from the Company, 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, theft, destruction or unauthorized access to company’s records, services, website, DIST token. In addition to the above, company shall not be liable for any loss of profit, loss of business, trading losses, loss in value, or any other loss. This applies even if such damages are foreseeable.
Term and Termination
This agreement is entered into for unlimited duration. We reserve the right to, at any time, for any reason, to change or amend the Terms and Conditions. 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, website, platform, mobile application, without liability to you, at any time for any reason, including, but not limited to, if based on our sole discretion believe: (i) You have violated these Terms, (ii) You create risk or possible legal exposure for the Company.
Indemnification
You will defend, indemnify and hold Company, its affiliates 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, platform, DIST token (b) your breach of these terms or any other liabilities arising out of your use of the services, website and product or the use by any other person accessing the website, service, platform, DIST token using your computer and/or your personal information (c) your violation of any rights of any other person or entity in connection with these terms (d) third-party claims concerning these terms or you thereof. You will promptly notify us of any third-party claims, actions, or proceedings which you become aware of that involves company as a result of these terms. Company may participate with counsel of its own choosing in any proceedings describing above. Company will be required to respond to compulsory legal order, you will reimburse company 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 company without company’s prior written consent.
Severability
If any of the provisions of the T&C or of the Agreement are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.