TERMS OF SERVICE
INDEX
CONTENT
Coin Governance System (hereinafter, CGS) is a Platform owned by Governance System Platform, Ltd. CGS consists of a series of services to Initial Coin Offering (hereinafter, ICO) participants whereby controls are set to monitor ICOs in accordance with the Initial established goals.
Participants of this Platform are able to create a decentralized escrow to hold the funds raised in their own Token Sale as ICO Launchers; to open a claim to withdraw their correspondent remained ethers, as ICO Token Holders; or to vote on an open claim to decide whether ICO token holders are enabled to withdraw the remained ethers in the escrow or not, as CGS Token Holders or arbiters.
By using CGS, as ICO Launcher, ICO token holder, or CGS token holder, including by simply navigating through the website, you agree that you and any person you allow to access the Platform through your account, will abide by this Terms and Conditions (the “Agreement”), which is set forth in its entirety below.
This Agreement is between you and Governance System Platform Ltd. (hereinafter, we, CGS, the Platform or the Company). This Agreement sets the conditions of your access to the Platform and use the Services and websites offered by the Company (the “Services”). Your access to and use of the Services are subject to your acceptance of and compliance with this Agreement. For more information, see Section Functioning of the Services.
Specific or technical terms used herein are defined in Section Definitions of this Agreement.
This Agreement sets forth terms on which ICO Launchers interact with ICO token holders and CGS token holders through the Platform.
ICO LAUNCHERS: If you are an ICO Launcher, you could upload information about your project, such as your business plan, token features, roadmap, team info, among others to our Platform https://cgs.vote - The “Site”. You can also deploy CGS smart contract to create a decentralized escrow for the capital raised through an Initial Coin Offering. The deploy of CGS smart contracts requires a deposit of a certain amount of CGS tokens, that will be determined in the Site. Accepting this Term and Conditions you should understand that you are opening the possibility that ICO token holders can proportionaly withdraw the remained funds deposited in the CGS escrow.
ICO Token Holders: As ICO token holder, you may participate in the Coin Governance System of every project using this methodology through the Platform, by opening a claim to withdraw remained funds in a CGS escrow or by withdrawing the remained funds in a CGS escrow.
CGS Token Holders (also called arbiters). As CGS token holder, you can decide if an ICO project using the CGS should activate “withdraw mode” or not (voting KO or OK), by depositing CGS tokens in the CGS smart contract. The result of the voting would be determined by simple majority (more than 50 percent), but if there is a tie, OK shal be deemed as the winner result. As CGS token holder you understand that a percentage of the CGS tokens deposited in the voting will be transferred from the CGS token holders that holds the looser vote to the winners. That percentage will be determined in the Site.
GENERAL USERS: Certain parts of the Site will be visible to users who have not signed up. Those users, nevertheless, are bound by this Agreement.
A. “Blockchain” means a distributed ledger, made of chains of data blocks designed to avoid the possibility of modification. Once a data item has been time-stamped by a participant that is trustworthy it is itself connected to a previous block. For this reason, it is especially suitable to store data organized in time eliminating the possibility of modification or revision. There are several aspects involved in the process:
• Data storage: It is achieved through the replication of the blockchain.
• Data transmission: It is achieved through peer-to-peer.
• Data confirmation: It is achieved through a consensus process among all the participating nodes. The type of algorithm that is most often used is the one that provides a “proof-of-work”, where there is an open, transparent and competitive process to validate the new blockchain block, referred to as “mining”.
ii. Use any profane, obscene, pornographic or otherwise objectionable content or language;
iv. Violate the personal, privacy, contractual, intellectual property or other rights of any person;
vi. Violate this Agreement or any law, rule or regulation;
viii. Interfere with or disrupt (or attempt to interfere with or disrupt) access and enjoyment of the Services of other users or any host or network, including, without limitation, creating or transmitting unwanted electronic communications such as “spam” to other users, overloading, flooding or mail-bombing the Services, or scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
ix. Disparage, tarnish or otherwise harm, in the Company’s opinion, the Company and/or the Services;
xi. Reverse engineer, decompile, reverse assemble, modify or attempt to discover or copy any software, source code or structure that the Services utilize to generate web pages or any software or other products or processes accessible through the Services;
xii. Access or search (or attempt to access or search) the Services by any means, such as any automated system or unauthorized script or software, other than currently available, published interfaces provide by CGS, unless you have been specifically allowed to do so in a separate Agreement with CGS (note crawling the Services is permissible in accordance with this Agreement, but scraping the Services is expressly prohibited without the prior consent of CGS);
xiii. Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services or any website on which the Services are offered or on a third-party website and/or Company software on which Company code is embeddable or embedded on;
xiv. Remove, obscure or change any notice, banner, advertisement or other branding on the Services;
xvi. Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services, such as probing or scanning the vulnerability of any system, network or breach; or
xvii. Sell access to the Services or any part thereof other than through a mechanism approved by the Company.
C. “CGS” or “Coin Governance System means a methodology executed by a serie of smart contracts that hold the funds raised during an ICO and allow ICO token holders to withdraw the remained funds under certain conditions.
D. “Claim” or “Open a Claim” means a process carried out by ICO tokens holders by which they can open the possibility to withdraw the remained funds raised through an ICO.
E. “Content” means any information, text, graphs or other materials uploaded, downloaded or otherwise appearing on the Services. You retain ownership of all Content you submit, post, display or otherwise make available on the Services.
F. “Cryptocurrency” means digital medium of exchange that uses the blockchain technology to work (i.e. Bitcoin or Ether).
G. “ERC20 (Token Standard)” means standard that describes the functions and events that a Token issued in the Ethereum network requires. In particular, as follows:
// https://github.com/ethereum/EIPs/issues/20
contract ERC20 {
function totalSupply() constant returns (uint totalSupply);
function balanceOf(address _owner) constant returns (uint balance);
function transfer(address _to, uint _value) returns (bool success);
function transferFrom(address _from, address _to, uint _value) returns (bool success);
function approve(address _spender, uint _value) returns (bool success);
function allowance(address _owner, address _spender) constant returns (uint remaining);
event Transfer(address indexed _from, address indexed _to, uint _value);
event Approval(address indexed _owner, address indexed _spender, uint _value);
}
H. “Escrow” or “CGS” Escrow” means the smart contract that holds the funds raised through an ICO under a CGS.
I. “Ether” means Internal cryptocurrency of the Ethereum network. It´s a decentralized cryptocurrency required to execute Ethereum Smart Contracts.
K. “ICO” or “Token Sale” means methodology that allows companies to pre-sell goods or services through the sale of Tokens in a Blockchain (Ethereum in the case of Tokens designed by CGS). Said tokens represent the right to receive those goods and services.
L. “Pre-ICO” means process of sale of Tokens that precedes an ICO, it normally involves a discount in the acquisition price of said Tokens.
N. “Tap” means the amount of ether per second that ICO launcher can withdraw from the CGS smart contracts.
O. “Token” means representation of a record on a distributed ledger (Blockchain).
P. “Token Sale” means public process for the sale of Tokens, normally used as a synonymous to ICO.
A. To use the Service diligently.
This means you are making the following statements
a. That you are on legal age in your country.
c. That you shall not use a fake name or email address owned or controlled by another person trying to impersonate that person or any other reason; or that you shall not use a User ID name subject to any rights of a person other than yourself without authorisation.
ii. Regarding the use of Content and information.
a. That you will only provide us with Content and Information that you have right to provide and allow us to display the referred content and information.
b. You own and/or control all rights in and to the Content and Information, and the right to grant all of the rights and licenses in these Terms and Conditions, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity;
d. That you understand that your Content and Information may be republished and if you do not have the right to submit Content and Information for such use, it may subject you to liability. CGS will not be responsible or liable for any use of your Content and Information by CGS according to this Agreement;
e. That you understand that CGS do not guarantee the completeness, truthfulness, accuracy or reliability of any Content, Information or communications posted on the Site;
f. That you understand that the Service may include advertisements related to the referred Content and Information, and you have no claim against CGS for the placement of advertising or similar content on the Services or about the display of any Content or other information from the Services.
b. You will use your own judgement before making any decision to participate in a CGS involving what is a material amount of money;
c. That you will be responsible for complying with applicable law, including without limitation the determination of whether any participation in a CGS complies with the terms of local law, whether the law of any country with jurisdiction over you or any participant.
d. To get professional advice to protect your interests (such as tax, accounting, legal or financial).
iv. You guarantee not to:
b. Expect CGS to evaluate, confirm or stand behind any user’s assertion or recommend any Token Sale or Project;
c. Treat any Content, email or other information you receive by accessing the Platform as a recommendation by CGS, an affiliate of CGS or any employee, partner, director, representative or other agent of the foregoing (each a “Company Person”) on which you should rely.
d. Use any Content or Information acquired from Company Persons, ICO token holders, CGS token holders or ICO Launchers, or otherwise through your use of the Services, for commercial activity outside of the Services, without prior written approval from CGS;
e. Claim any right to access, view or alter any source code or object code of CGS;
f. Expect CGS to market services that might cause CGS to have to register as a broker dealer/agent or investment adviser with any Public Authority in any jurisdiction or to be treated as an underwriter; or
g. To market competing services to people identified through CGS.
You agree to indemnify CGS and keep any Company Person harmless from any claim, demand, expenses, costs or fees made by a third party due to or arising from your access to or use of the Services or the violation of this Agreement or any applicable law by you or any third party using your account.
C. Confidentiality.
You agree not to redistribute any information you acquire through the Services and/or the Platform, for which one of the principal purposes is to compete with CGS. You agree to keep confidentiality with respect to this agreement, and the terms agreed between CGS and the User, and specially the economic terms herein.
D. Other Obligations
i. To grant CGS a limited, non-revocable license to publish all Content and Information.
ii. To acknowledge that CGS or any other party are not obligated to pay you any compensation with respect to your activities on CGS.
E. APIs.
We may make available one or more APIs for interacting with the Services. Your use of any CGS API on the Site is subject to this Agreement and the CGS API Rules, which will be posted before we make these APIs available (and which will then become part of this Agreement).
CGS has the right to manage disputes between you and other users in the context of your use of the Services, with no obligation on that regard.
i. Right to Control Content.
CGS may, but is not required to, monitor or control the Content posted via the Services.
ii. Right to Discontinue the Services
CGS has the right to discontinue the Services or to change the Services in any way and at any time, with or without notice to you, without liability.
iii. Right to End User Access
CGS has the right to end your access to the Services without notice.
We may delete your account for any reason, and if we delete your account you will lose all access to any information, connections or other features that may have been associated with your account.
iv. Right to refuse or Cancel Registration
CGS has the right to deny registration or cancel an user account for any reason. CGS also has the right at all times to remove or refuse to distribute content on the Services and to terminate users and reclaim user names.
CGS also has the right to access, read, preserve, and disclose any information if it is necessary to
-
Satisfy any applicable law, regulation, legal process or governmental request;
-
Enforce this Agreement (including investigation of potential violations hereof);
-
Detect, prevent or otherwise address fraud, security or technical issues;
-
Respond to user support requests; or
-
Protect the rights, property or safety of CGS, its users and the public.
v. User Acknowledgement
You agree that CGS is exempt from liability to any person for any claim based upon its termination of an account or disabling of access to or removal of any Content. By using the Services, you agree that notice to you through an email to the email address you provided in your profile constitutes notification of any removal or disabling if such notice is required.
A. Verifying Due Diligence
We are not obligated to practice due diligence on ICO Launchers, Token Buyers or other users or verifying any representations, materials or information provided by them.
B. Verifying Accredited Investors
As CGS IS NOT AN INVESTMENT PLATFORM, we are not responsible for verifying that any Token Holder is accredited, is a Qualifyed purchaser or authorized or appropriate to participate in an ICO or Token Sale, to hold tokens or for determining whether any use of CGS constitutes a general solicitation of securities under the securities laws of any jurisdiction.
C. Confidentiality
We are not obligated to maintain the confidentiality of any Content of information you give to us, unless there is a Non-Disclosure Agreement signed between you and CGS.
D. Verify Advertisement Accuracy
The Services may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in an advertiser’s or sponsor’s Content.
A. The Company is not responsible for any technical malfunction or other problems of any telephone network or Service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or media players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to your or to any other person’s computer, mobile phone or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Services, including any mobile software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Services, any content or third party applications, software or content posted on or through the Services or transmitted to users or any interactions between users of the Services, whether online or offline.
B. CGS is not liable for any temporary or permanent anomaly or malfunction of the Ethereum blockchain network or any software used to interact with the referred network. In this sense, CGS will not be liable for potential “hacks” or thefts that could take place, either in the network or from the virtual wallets of the users, or from the hosts of said virtual wallets.
C. As CGS shall not at no time have direct or indirect control of the funds received by any ICO Launcher from any sale of Tokens, CGS will not be responsible in any way for the tax and anti-money laundering compliance obligations derived from said funds.
D. ICO Launchers will not in any case be responsible for the tax compliance, anti-money laundering compliance or any other regulation that may be applicable to the users of the Services.
A. Unless terminated by CGS, this Agreement will remain in full force and effect while you use the Services.
B. Subject to the last sentence of this Section, you may terminate this Agreement at any time by deleting all Content you have provided to CGS and ceasing to use the Services.
C. The Company may terminate this Agreement at any time, particularly if you are suspected of violating any provision of this Agreement.
CGS respects intellectual property rights and expects its users to do the same. If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Service infringes your copyrighted work, please let us know.
Please write to info@cgs.vote to submit a notice of alleged copyright infringement. Alternatively a notice of alleged copyright infringement may be sent to CGS’s designated copyright agent at the following address:
Governance System Platform, Ltd.
Calle Cristobal Bordiú 13, Entreplanta B
Madrid, 28003, Spain
A notification of alleged copyright infringement must be addressed to CGS as listed above. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
- A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on CGS Platform or the Site (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
- We should also let you know that CGS has a policy to terminate in appropriate circumstances the accounts of subscribers who are repeat infringers.
Copyright © 2017 Governance System Platform. All rights reserved.
Please review our Privacy Policy to understand how we collect information about companies and individuals through our Platform and Site.
CGS can modify or update the Privacy Policy from time to time and you should review this page and the Privacy Policy link periodically. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use and Privacy Policy. If you do not agree to any of these terms or any future Terms and Conditions or Privacy Policy terms, do not use or access (or continue to access) the Service.
A. Functioning of the Services
The Company operates and controls the Services from its offices in Spain. The Company makes no representation that the Services are appropriate or available in other locations. The information provided on or through the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
B. Amendments to this Agreement
We may amend this Agreement at any time in our sole discretion, effective upon posting the amended Terms and Conditions at the domain of https://cgs.vote where the prior version of this Agreement was posted or by communicating these changes through any written or other contact method we have established with you. Your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement.
C. Waiver and Severability
ii. You and the Company agree that if any portion of this Agreement, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
C. Relationship with Third Parties
This Agreement is between you and the Company. No user has any rights to force the Company to enforce any rights it may have against you or any other user.
D. Prohibition of Assignment
You may not assign this Agreement without the Company’s prior written consent.
E. Jurisdiction and Govering Law
The applicable legislation to this Agreement and any conflict related to this shall be ruled under Spanish legislation.
Renouncing any other jurisdiction that could correspond to them, the parties submit to the courts of Madrid (Spain), to resolve any differences that may arise in the interpretation or implementation of this agreement.
And in proof of their compliance, sign the present Agreement, the Spanish version being the only one valid and the English a non-binding translation, in duplicate and to a single effect, in the place and date above indicated.
The Services are operated and provided by Governance System Platform, of UK nationality, with address to professional effects at c/ Cristobal Bordiú 13, Estreplanta B, 28003, Madrid (Spain), registered with Fiscal Identification Number (CiF) B-87890588.
For any contact or communication related to this Agreement, please write to info@icofunding.com. All notifications in connection with this agreement must take place in writing. Instruction verbally communicated shall be confirmed in writing.
Last updated: Sept 28, 2017 · CGS and Coin Governance System are a trademarks of Governance System Platform, Ltd.
#