TERMS AND CONDITIONS
Please read carefully these Terms and Conditions (hereinafter – the “Terms”) before using a website “beth.jp” (hereinafter – the “Website”, “Beth” or “We”), as they affect your obligations and legal rights, including, but not limited to waivers of rights and limitation of liability. If you want to participate in the upcoming Beth Initial Coin Offering (hereinafter – the “ICO”), you should also read these Terms and accept them. Beth.jp reserves the right to change, modify, add or remove portions of these terms at any time for any reason until before the start of our ICO. We suggest that you review these terms periodically for changes. Such changes shall be effective immediately upon posting. You acknowledge that by accessing our website after we have posted changes to these terms, you are agreeing to the modified terms. If you do not agree with these Terms, you shall not use the Website or buy Beth Tokens.
1 PRINCIPLES & DEFINITIONS
1.1 Account – a User’s account on the Website, which is created and used to buy Beth Tokens. A User is given the access to an Account upon its successful creation through providing Beth Funds with all the required information. Only authorized Users have a right to buy Beth Tokens on the terms provided herein.
1.3 Bitcoin or BTC – a consensus network that enables a new payment system and a completely digital money; the first decentralized peer-to-peer payment network that is powered by its users with no central authority or middlemen.
1.4 Blockchain – type of distributed ledger, comprised of unchangeable, digitally recorded data in packages called blocks.
1.5 Ethereum Smart Contracts – account holding objects on the Ethereum Blockchain, which contain code functions and can interact with other contracts, make decisions, store data, and send “ether” to others.
1.6 Beth Initial Coin Offering – period of time from June 5, 2017, to June 20, 2017, when the User is able to buy Beth Tokens.
1.7 Beth Tokens (or BTH) – cryptographic tokens, which are software product (digital resources), created us as a proof of membership of their holders in the Beth Fund. Though Beth Tokens are similar to securities, they are not and shall not be considered as such.
1.8 User – anyone who uses the Website, with or without prior registration and authorization using the Account.
1.9 Principles – When the team behind Beth judges that our deep learning solution has been sufficiently developed to allow the Beth Fund to be launched, the Beth Fund will be created. Therefore, Beth cannot guarantee to any party that the initial allocation of BTH would end up as the dominant blockchain when the Beth Fund is created.
This document does not constitute a prospectus of any sort, is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. It is a description of the functionality of a Smart Contract System.
By contributing to Beth, and/or by receiving, using and holding BTH, no form of partnership, joint venture or any similar relationship between the Users, Beth and/or other individuals or entities involved with the Beth Fund is created.
The User is also aware of the risk that even if all or parts of the Beth Fund are successfully developed and released in full or in parts, due to a lack of public interest, the Beth Fund could be fully or partially abandoned, remain unsuccessful according to any measure, or shut down for lack of interest or other reasons.
2 GENERAL INFORMATION
2.1 These Terms are a legally binding Agreement between you, the User, on the one part, and we, on the other part, also individually referred to as a “Party” and collectively as the “Parties”.
2.2 These Terms define basic mutual rights and obligations of we and the Users, either registered or just visiting certain pages of the Website, during their use of the Website, including but without limitation, for the purpose of buying the Beth Tokens.
2.3 By using the Website, the Users accept these Terms in full and agree to be bound thereby and comply therewith.
2.4 These Terms are effective at the time the Users begin using the Website. The Users may withdraw from their obligation under the Terms at any time by discontinuing the use of the Website.
2.5 The User acknowledges and accepts that:
– these Terms are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at our sole discretion, by updating this section; the User’s continued use of the Website after the amendments etc. shall constitute the User’s consent hereto and acceptance hereof;
– We reserves the right, at its our own and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website.
2.6 By using this Website, you covenant, represent, and warrant that:
– the User has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like bitcoin (BTC) and ether (ETH), and blockchain-based software systems.
– the User is not a US person by residency or citizenship; the User understands and expressly accepts that due to legal uncertainties and complexity of US financial regulations, Beth Fund will not accept any Contributions of US persons by residency or citizenship;
– the User is legally permitted to receive and hold and make use of BTH in the User’s jurisdiction;
– the User is legally permitted to receive software and contributing to Beth Fund;
– the User is of a sufficient age to legally obtain BTH;
– the User will take sole responsibility for any restrictions and risks associated with the receiving and holding of BTH;
– the User is not contributing to Beth Fund to obtain BTH for the purpose of speculative investment;
– the User is not obtaining or using BTH for any illegal purposes;
– the User waives the right to participate in a class action lawsuit or a classwide arbitration against any entity or individual involved with the Contribution to Beth, with the allocation of BTH and with the operation of the Beth Fund;
– The User understands and accepts that BTH do not represent or constitute any ownership right or stake, share or security or equivalent right in or relating to Beth, Beth Fund and/or any software, any public or private company, corporation, entity or property in any jurisdiction.
– the User understands and expressly accepts that there is no warranty whatsoever on BTH and/or the success of the Beth Fund, expressed or implied, to the extent permitted by law, and that BTH is created and obtained at the sole risk of the User on an “as is” and “under development” basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
– the User understands with regard to BTH no market liquidity may be guaranteed and that the value of BTH over time (if any) may experience extreme volatility or depreciate in full;
– the User understands that the User bears the sole responsibility to determine if the Contribution to Beth Fund, the allocation, use or ownership of BTH, the potential appreciation or depreciation in the value of BTH over time (if any), the sale and purchase of BTH and/or any other action or transaction related to the Beth Fund have tax implications; by contributing to Beth, and/or by receiving, using or holding BTH, and to the extent permitted by law, the User agrees not to hold any associated party (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising from the Contribution to Beth Fund, the allocation, use or ownership of BTH or any other action or transaction related to the Beth Fund.
2.7 You shall not use the Website if you are prohibited under the applicable law from using it. In particular, should any limitation or prohibition as to your purchase or use of any amount of the Beth Tokens exist under the applicable law, we persistently recommend you not to use this Website and not to buy Beth Tokens.
3 SALE OF BETH TOKENS
3.1 You may purchase the Beth Tokens only within the period of Beth Initial Coin Offering set out herein.
3.2 During the ICO, we are going to sell 20,000,000 of Beth Tokens. The number of the Beth Tokens allowed for purchase by one User is unlimited at fixed price of $0,50 per Beth Token. The Beth Tokens will be issued only once. The Beth Tokens will be Ethereum-based cryptographic tokens of value.
3.3 Bonuses for the ICO – 30% the first day, 25% the second day and 10% the next five days.
3.4 The Beth Tokens are the proof of their holders’ membership in the Beth Fund. The Beth Tokens provide to their holders a right to receive 60% of quarterly profits. At the same time, 25% of profit will be reinvested back into the portfolio.
3.5 Any User who wants to buy the Beth Tokens shall register an Account on the Website, as well as have Bitcoin (BTC) or Ethereum (ETH) in any wallet. You could buy the Beth Tokens only via your Account.
3.6 Beth Fund does not accept fiat currency as payment for Beth Tokens. Contributions can be made using ETH or BTC.
3.7 The Beth Tokens purchased hereunder may be sold and transferred by the User at any time after the ICO via cryptocurrency exchanges if the Beth Tokens are listed in any.
3.8 By contributing to Beth, and/or by receiving, using and holding of BTH, the User represents and warrants that: the User has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like bitcoin (BTC) and ether (ETH). The User understands and accepts that Beth Tokens do not represent or constitute any ownership right or stake, share or security or equivalent right in or relating to Beth, Beth Fund and/or any software, any public or private company, corporation, entity or property in any jurisdiction.
3.9 BY BUYING BETH TOKENS HEREUNDER THE USER REPRESENTS AND WARRANTS THAT HIS/HER FUNDS IN NO WAY CAME FROM ILLEGAL OR UNETHICAL SOURCES.
3.10 YOU ARE ONLY ALLOWED TO PURCHASE BETH TOKENS IF AND BY BUYING BETH TOKENS YOU COVENANT, REPRESENT, AND WARRANT THAT YOU ARE NEITHER A U.S. CITIZEN OR PERMANENT RESIDENT OF THE UNITED STATES, NOR DO YOU HAVE A PRIMARY RESIDENCE OR DOMICILE IN THE UNITED STATES, INCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND ANY OTHER POSSESSIONS OF THE UNITED STATES. IN ORDER TO BUY BETH TOKENS AND BY BUYING BETH TOKENS YOU COVENANT, REPRESENT, AND WARRANT THAT NONE OF THE OWNERS OF THE COMPANY, OF WHICH YOU ARE AN AUTHORIZED OFFICER, ARE U.S. CITIZEN OR PERMANENT RESIDENT OF THE UNITED STATES, NOR DO YOU HAVE A PRIMARY RESIDENCE OR DOMICILE IN THE UNITED STATES, INCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND ANY OTHER POSSESSIONS OF THE UNITED STATES. SHOULD THIS CHANGE AT ANY TIME, YOU SHALL IMMEDIATELY NOTIFY BETH FUND. THE COMPANY SHALL RESERVE THE RIGHT TO REFUSE SELLING BETH TOKENS TO ANYONE WHO DOES NOT MEET CRITERIA NECESSARY FOR THEIR BUYING, AS SET OUT HEREUNDER AND BY THE APPLICABLE LAW. IN PARTICULAR, THE COMPANY MAY REFUSE SELLING BETH TOKENS TO U.S. CITIZENS, PERMANENT RESIDENTS OF THE UNITED STATES AND THOSE USERS WHO DO NOT MEET ANY CRITERIA SPECIFIED IN CLAUSE 2.6.
3.11 THE USER BEARS THE SOLE RESPONSIBILITY TO DETERMINE IF HIS CONTRIBUTION TO BETH FUND, THE ALLOCATION, USE OR OWNERSHIP OF BTH, THE POTENTIAL APPRECIATION OR DEPRECIATION IN THE VALUE OF BTH OVER TIME (IF ANY), THE SALE AND PURCHASE OF BTH AND/OR ANY OTHER ACTION OR TRANSACTION RELATED TO THE BETH FUND HAVE TAX IMPLICATIONS FOR HIM.
BY CONTRIBUTING TO THE BETH FUND, AND/OR BY RECEIVING, USING OR HOLDING BTH, AND TO THE EXTENT PERMITTED BY LAW, THE USER AGREES NOT TO HOLD ANY THIRD PARTY (INCLUDING DEVELOPERS, AUDITORS, CONTRACTORS OR FOUNDERS) LIABLE FOR ANY TAX LIABILITY ASSOCIATED WITH OR ARISING FROM THE CONTRIBUTION TO BETH FUND, THE ALLOCATION, USE OR OWNERSHIP OF BTH OR ANY OTHER ACTION OR TRANSACTION RELATED TO THE BETH FUND.
3.12 ANY CONTRIBUTION MADE TO BETH DURING THE INITIAL COIN OFFERING (AS DEFINED IN SECTION 3) IS QUALIFIED AS A NON-REFUNDABLE CONTRIBUTION.
4 USER REGISTRATION AND ACCOUNT
4.1 For the purpose of buying Beth Tokens, we will register you, upon your request, on the Website and create an individual Account including a login and a password. You warrant that all information you have provided for your Account is current, complete and accurate.
4.2 You hereby expressly consent that you are solely responsible for the use of your login and password and for everything done using your registration details. You agree to keep your login information and password private and to immediately notify Beth Fund at once of any unauthorized Account activity you may be aware of and modify your login Information. You are solely responsible for any loss or damage you or we may suffer as a result of your failure to do so.
4.3 You may deactivate your registration with the Website, at any time and for any reason, by sending an email request to [email protected] We may terminate your use of and registration with the Website at any time if you violate these Terms, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, when we find such measures reasonable and/or necessary in a particular situation.
5 THIRD-PARTY WEBSITES AND SERVICES
5.1 The pages of the Website may contain links to third-party websites and services. Such links are provided for your convenience, but their presence does not mean that they are recommended by the Beth Fund. In addition, the Beth Fund does not guarantee their safety and conformity with any user expectations. Furthermore, we are not responsible for maintaining any materials referenced from another site, and makes no warranties for that site or this service in such context.
5.2 The Beth Fund assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.
The User understands and accepts the risks in connection with the Contribution to Beth, and/or with the allocation, use and ownership of BTH, as exemplary set forth above and hereinafter. In particular, but not concluding, the User understands the inherent risks listed hereinafter:
– Risk of software weaknesses: The User understands and accepts that the Beth Fund and the involved technology and technical concepts and theories (including but not limited to blockchains, deep learning and cryptography) are still in an early development stage and unproven, there is no warranty that the process for receiving, use and ownership of BTH will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of BTH.
– Regulatory risk: The User understands and accepts that the blockchain technology allows new forms of interaction and that it is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain technology based applications, which may be contrary to the setup of the Beth Fund and which may, inter alia, result in substantial modifications of the Beth Fund, including its termination and the loss of BTH for the User.
– Risk of abandonment / lack of success: The User understands and accepts that the allocation of the BTH and the development of the Beth Fund may be abandoned for a number of reasons, including lack of interest from industry and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The User therefore understands that there is no assurance that, even if the Beth Fund is partially or fully developed and launched, the User will receive any functionality through the BTH held by him.
– Risk associated with other applications: The User understands and accepts that the Beth Fund may give rise to other, alternative projects, promoted by unaffiliated third parties, under which BTH will have no intrinsic value.
– Risk of loss of private key: BTH may only be accessed using a private key that corresponds to the address at which it is stored. User understands and accepts that if his private key, or the “seed” used to create his address and corresponding private key got lost or stolen, the obtained BTH associated with the User’s address will be unrecoverable and will be permanently lost.
– Risk of theft: The User understands and accepts that the Beth Fund and our deep learning solutions concept, the Ethereum network, the smart contract hosted on Ethereum, and other technology components or platforms may be exposed to attacks by hackers or other individuals that that could result in theft or loss of BTH, or the theft or loss of Contributions, impacting the ability to develop and launch the Beth Fund.
7 DISCLAIMER OF WARRANTIES AND LIMITATION OR LIABILITY
7.1 THIS WEBSITE AND THE BETH TOKENS ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE WEBSITE AND BUYING OF ANY AMOUNT OF THE BETH TOKENS AND THEIR USE.
7.2 YOU HEREBY EXPRESSLY AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE DOES NOT ACCEPT ANY LIABILITY FOR ANY DAMAGE OR LOSS, INCLUDING LOSS OF BUSINESS, REVENUE, OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, EQUIPMENT, OR SOFTWARE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR CONTENT ON THIS WEBSITE, FROM BUYING OF THE BETH TOKENS OR THEIR USE BY THE USER, REGARDLESS OF THE BASIS, UPON WHICH THE LIABILITY IS CLAIMED AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
7.3 YOU UNDERSTAND AND AGREE THAT THE WE SHALL NOT BE HELD LIABLE TO AND SHALL NOT ACCEPT ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER FOR ANY CHANGE OF THE VALUE OF THE BETH TOKENS. THE USER UNDERSTANDS AND EXPRESSLY AGREES THAT WE SHALL NOT GUARANTY IN ANY WAY THAT THE BETH TOKENS MIGHT BE SOLD OR TRANSFERRED DURING OR AFTER THE ICO.
7.4 THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE USER WILL NOT HOLD BETH, ANY DEVELOPERS, AUDITORS, CONTRACTORS OR FOUNDERS AND/OR THE BETH FUND LIABLE FOR ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE BETH TOKENS, BTH, BETH FUND, BETH PRODUCED UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT DEVELOPERS, AUDITORS, CONTRACTORS OR FOUNDERS OF BETH TOKENS, BTH, BETH FUND, BETH PRODUCED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR THE INABILITY TO USE OF THE BETH TOKENS, BTH, BETH FUND, BETH. THE USER FURTHER SPECIFICALLY ACKNOWLEDGES THAT DEVELOPERS, AUDITORS, CONTRACTORS OR FOUNDERS OF THE BETH TOKENS, BTH, BETH FUND, BETH PRODUCED ARE NOT LIABLE, AND THE USER AGREES NOT TO SEEK TO HOLD THEM LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER CREATORS OF BTH, AND THAT THE RISK OF CREATING, HOLDING AND USING BTH RESTS ENTIRELY WITH THE USER. BY RECEIVING, HOLDING OR USING BTH, AND TO THE EXTENT PERMITTED BY LAW, THE USER AGREES NOT TO HOLD ANY THIRD PARTY (INCLUDING DEVELOPERS, AUDITORS, CONTRACTORS OR FOUNDERS) LIABLE FOR ANY REGULATORY IMPLICATIONS OR LIABILITY ASSOCIATED WITH OR ARISING FROM THE ALLOCATION, OWNERSHIP OR USE OF BTH OR ANY OTHER ACTION OR TRANSACTION RELATED TO THE BETH FUND.
7.5 WE DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION ON THE WEBSITE IS ACCURATE OR RELIABLE OR THAT THE WEBSITE WILL BE FREE OF ERRORS OR VIRUSES, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR UNINTERPRETED AVAILABILITY OF THE WEBSITE AT ALL TIMES, IN ALL COUNTRIES AND/OR ALL GEOGRAPHIC LOCATIONS, OR AT ANY GIVEN TIME.
8 GOVERNING LAW
8.1 These Terms and any matter arising from these Terms, shall be governed by and interpreted in accordance with the substantive laws of the Republic of Singapore. Both you and the Beth (Beth Team, Beth fund, Beth) hereby submit to the exclusive jurisdiction of the courts in the Republic of Singapore.
8.2 For the purpose of all or any proceedings arising from these Terms, you consent to the jurisdiction of any other competent court in the Republic of Singapore.
8.3 Notwithstanding the above consent, you agree to first explore all avenues of alternative dispute resolution procedures to which we may agree, such as mediation and/or arbitration.
8.4 We shall however not be obliged to follow any alternative dispute resolution process, should we not wish to do so.
9.1 Entire Agreement. This Agreement is intended to fully reflect the terms of the original agreement between the Parties. No provision of the Agreement shall be considered waived unless such waiver is in writing and signed by the Party that benefits from the enforcement of such provision. No waiver of any provision in the Agreement, however, will be deemed a waiver of a subsequent breach of such provision or a waiver of a similar provision. In addition, a waiver of any breach or a failure to enforce any term or condition of the Agreement will not in any way affect, limit, or waive a Party’s rights hereunder at any time to enforce strict compliance thereafter with every term and condition hereof.
9.2 Assignment. The Beth Fund may, at its sole discretion, assign its rights and/or delegate its duties under this Agreement. You may not assign your rights or delegate your duties, and any assignment or delegation without the written consent of the Beth Fund, which the Beth Fund may withhold at its sole discretion, shall be void.
9.3 Severability. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the Parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
9.4 The Terms govern the Contributions to Beth, and the allocation, use and holding of BTH and supersede any public statements about the launch of Beth Fund, the BTH made by anyone in the past, present, and future.
9.5 The User may send any questions regarding the use of the Website of the Beth Tokens or regarding this Agreement via e-mail at [email protected]
Final / May 30th, 2017
I accept all the terms and conditions above.