1.2 Every person accessing the Website or using the Token should comply with the T&C. Continued usage of the Website or the use of the Token means that the User complies with the provisions of these T&C and any and all accompanying documents and provide valid consent to the same as per the laws applicable to you.>
1.4 In addition to consent through continued usage, Your consent for the Use of VideoCoin Platforms, VideoCoin, the Website and/or its additional features can also be provided by use of any authentication including by completing any required forms or through Use of the Website or clicking on any required buttons/links on the Website or through email or by use of any other authentication options provided by the Website Owner or through any other mode that is commonly used in the industry and is permitted by law.>
The terms defined below in this section will have the meaning assigned to them here throughout this entire document unless explicitly mentioned otherwise:
(a) ‘Airdrop’ means the process of distribution of certain VideoCoin Tokens for free to certain Users who have registered for the Airdrop through the Website or any alternate means.
(c) ‘Account’ means a User’s digital account created and maintained on the Website, which is used to receive the VideoCoin Tokens (VID) during the Airdrop and later to store, view and Use the Tokens in other permitted ways. A User is given the access to an Account upon its successful creation through providing the Website with all the required information. Only authorized Users have a right to receive Tokens on the terms provided herein.
(d) ‘Affiliated Parties’ means any persons or entities that are related to the VideoCoin Team, including, but not limited to partners, employees, agents and contractors of the Company.
(f) ‘Applicable Law’ means the laws of the Cayman Islands..
(g) ‘Cryptocurrency’ means digital currency, represented by Bitcoin (BTC) or Ethereum (ETH) or any other permitted digital currency used by Users.
(h) ‘Smart Contract’ means digital computer protocol intended to facilitate, verify and enforce the negotiation, use and delivery of Tokens by or to a User.
(i) ‘Party’ refers to either the Website Owner or the User who are bound by these T&C and ‘Parties’ refer to both of them together.
(j) ‘Use’ means use of the Website in any manner and/or use of the Token(s) in any manner including but not limited to registration and/or receipt of the Tokens through Airdrop and further sale, purchase, trading and transfer of the Tokens.
(k) ‘User’ (also referred to as “You” or “Your” as required) means any person who is at least 18 years old and, who Uses the Website and/or Token, with or without prior registration and authorization using the Account. The Website Owner reserves its right to set forth at any time upon its own discretion special eligibility or other requirements to certain Users to participate in a certain phase of Token Airdrop (i.e. Accredited participants, etc.) as shall be mentioned on the Website.
(l) ‘VideoCoin Team’ means the creators of the VideoCoin and VideoCoin Platforms and initiators of the VideoCoin Airdrop and VideoCoin Sale as presented on the main page of the Website, who are experts in their respective fields and involved in the development of the VideoCoin Platforms and infrastructure.
(m) ‘VideoCoin Tokens’ or ‘Tokens’ or ‘VID’ means cryptographic tokens, which have been/ will be released by the Website Owner through the Airdrop or sale or through other methods. The mentioned Tokens would be released in compliance of the laws of the Country where they will be released. Tokens, are not intended to be commodity or any other kind of ﬁnancial instrument, do not represent any share, stake or security or equivalent rights, including, but not limited to, any right to receive future revenue shares and intellectual property rights, and do not represent any ownership right except as specially provided in the Whitepaper and these T&C.
(n) ‘VideoCoin Platforms’ means an ecosystem of consisting of VideoCoin website, mobile applications and associated software platforms.
(o) ‘Website Owner’ (also referred to as “Company”, “We”, “Us”) means the VideoCoin Development Association Limited, a company that is incorporated under the laws of the Cayman Islands for the purpose of developing, running and implementation of the VideoCoin Token Airdrop, Pre-sale and Sale. The Company is not a ﬁnancial entity, investment entity, investment advisor, financial consultant or a partner, employer, agent or adviser for any User.
(p) ‘Website’ means the website- https://VideoCoin.io/ which is maintained and owned by the Website Owner.
(q) ‘Whitepaper’ means one of the Agreements published by the Website Owner on the Website, describing technical and marketing details of the VideoCoin Airdrop, Pre-sale and Sale, the idea and purpose of VideoCoin, as well as respective pricing and Token distribution methods.
(r) ‘VideoCoin Token Sale’ or ‘Token Sale’ means an offering of Tokens to eligible Users to purchase Tokens which can be used on VideoCoin Platforms. The Tokens are available in the Token Sale for a limited period of time, and will be available in the future through public sale and other processes as described on the Website and the Whitepaper.
3. General Provisions and Notes
3.1 Important Note for Residents of United States of America and People’s Republic of China, their overseas territories or possessions and Countries under US Sanctions (‘Restricted States’): The citizens, people domiciled in the Restricted States and residents of the Restricted States are not eligible and not allowed to participate in the Airdrop and Token Sale owing to regulatory issues. The same restrictions also extend to residents of all other jurisdictions where US Sanctions are in force including Iran, North Korea, Syria, Sudan and North Korea. The restrictions on Use of the Website and Tokens remain at all stages and they are not eligible to obtain the Tokens through any manner or any transaction. The above mentioned restrictions also extend to companies or other legal entities created and/or owned by citizens and residents of the Restricted States. Your continued Use of the Website and/or the Tokens means that you are not domiciled resident or a citizen of a Restricted State or own a company or other legal entity based in the Restricted States. For other Users, if you become domiciled, resident or a citizen of a Restricted State or own a company or other legal entity based in the Restricted States, you will immediately cease to Use the Website and/or Token and inform us immediately.
3.2 These T&C are effective at the time the User begins using the Website. The Users may withdraw from their obligation under the T&C at any time by discontinuing the use of the Website and surrendering the Tokens held by them without any compensation or any other claims of any form against the Website Owner, VideoCoin Team or VideoCoin Platforms.
3.3 The User acknowledges and accepts that these T&C are subject to change, modiﬁcations, amendments, alterations or supplements at any time without prior written notice, at Website Owner’s sole discretion. The User’s continued use of the Website after any amendments or alterations of these T&C and/or the Website shall constitute the User’s consent hereto and acceptance hereof. At any case, the date of the most recent amendments and alterations will be indicated at the top of these T&C.
3.4 The User acknowledges and accepts that the Website Owner reserves the right, at its own and complete discretion and at any time to modify or to temporarily or permanently suspend or eliminate the Website, VideoCoin Platforms and VideoCoin, and/or disable any access to the VideoCoin Platforms, Website or VideoCoin for any reason.
3.5 Company reserves the right to deploy the anticipated Airdrop in one round or multiple successive rounds at its own election. In the case of a multiple round Airdrop, company reserves the right to modify, cancel, or restrict participation within the Airdrop at any time. Furthermore, company reserves the right to provide incentives and other components in order to reward participants in a multiple round Airdrop.
3.6 The eligibility of a User to receive Tokens through Airdrop, the number of Tokens which may be received by a User through Airdrop and the actual time of delivery of Tokens through Airdrop to any particular User will be determined by the Company at its sole discretion. Mere fulfilment and compliance with the Agreements and the T&C does not guarantee that a User will receive the Tokens through Airdrop.
3.7 Each VID will be valued for the purposes of the Airdrop at $0.0000000000000000000001 per Token, irrespective of the final value of the token at the Token Sale or any exchanges or under any other agreement.
3.8 By using this Website and registering for participating in the Airdrop, each User covenants, represents, and warrants that (under the Applicable Law and law of the country of User’s residence and citizenship):
3.9 A User shall not use the Website if under the Applicable Law and/or law of the country of User’s citizenship or residence he (she) is prohibited from using it. Any User that is in any manner limited or prohibited from the receipt, purchase, possession, transfer, use or other transaction involving any amount of Tokens under the laws governing him should not access this Website and is prohibited from accessing, referencing, engaging, or otherwise using this Website.
3.11 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 Website Owner. The Website Owner 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 make no warranties for that site or respective service. The Website Owner 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.
3.12 Company may work alongside of various Marketing companies conducting independent marketing campaigns, Company disclaims any responsibility for any harm resulting from statements,declarations, opinions, facts, or forward looking statements made by Marketing partners related to the airdrop, and is not responsible for any third party content Company does not guarantee their safety and conformity with any User expectations.
3.13 The eligibility of any User to receive Tokens through the Airdrop should be maintained till the completion of the Airdrop process. Any change of eligibility should be reported immediately. US citizens are not allowed to receive the Tokens at any time under any condition.
4. Registration of Accounts for Receipt of Tokens and Use of Tokens
4.2 The Airdrop of VID may be conducted in multiple batches and registration for the Airdrop for every individual batch may be made separately.
4.3 You hereby expressly consent that you are solely responsible for the use of Your login and password for the Account, for any registration data provided for Account creation, and for any actions done during any use of Your Account. You agree to keep Your login details and password private and to immediately notify the Website Owner of any unauthorized Account activity You may be aware of and modify Your login information respectively. You are solely responsible for any loss or damage You or We may face as a result of Your failure to do so and we may undertake legal proceedings to recover any such losses.
4.4 You may request to deactivate or terminate your Account on the Website, at any time and for any reason by sending a request for the same in the contact form on the Website. We may recover any dues which resulted from the use of your Account at the time of termination of the Account and/or even after the termination of the Account through all possible means if they are discovered after the termination of the Account.
4.5 We may terminate Your use of and registration with the Website at any time if You violate these T&C or any other Agreements or documents released by Website Owner, at our sole discretion and without prior notice and/or 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.
4.6 Users will be required to provide some or all of the following documents for verifying their identity and other personal information to Use the VideoCoin Platforms or create a VideoCoin Account as a part of Our KYC, AML and Anti- Fraud measures. The documents which a User may be required to submit on the Website include the following:
Passport or Domestic Citizenship Identification Document or equivalent
Tax Identification or Registration Number (in certain cases document conveying such registration)
Bank Account Information for loading and withdrawal of funds
A photograph of the User clicked immediately at the time of opening the VideoCoin Account through the device used for opening the VideoCoin Account
Proof of Address in the form of Government Issued Documents
Documents conveying the source of funds used on the VideoCoin Platforms
The documents mentioned in Clause 4.6 above are not exhaustive and We may request certain Users to submit additional documents based on Our internal assessment.
4.7 The General threshold for verifying accounts is on cumulative withdrawals through a VideoCoin Account of Tokens or fiat currency above USD 1000 (United States Dollars One Thousand only), but We may require Users to verify their accounts or submit documentation below that amount on Our sole discretion. Any VideoCoin Accounts or transactions where the User fails to provide all information which is sought or fails to submit any or all of the documentation sought from the User may be closed without notice and any funds or Cryptocurrencies present in such accounts may be blocked and the User may not be able to access or withdraw the same.
4.8 In certain cases We may require Users to notarise or apostille or undertake similar verification process for the documents submitted by them.
4.9 In addition to the documents specified in Clause 4.6 above and in all cases of Use of any of the VideoCoin Platforms, We and Our Affiliated Parties may collect the following data from Our Users (‘Personal User Information’):
Professional qualification and employment history and status
Income and wealth information
Ethereum or other Cryptocurrency wallet address (but never Your private key)
Device Information including Device Identification Number, IMEI, Machine Address Code (Mac ID), Serial No., Mobile Number, Network Identification, IP address or any other identification factor which may enable identification of a Cell Phone or a Computer.
Location services such as GPS, Wifi location, Mobile Network triangulation or any other service which enables Us to locate Our Users.
Images, Videos, any other Files provided by Users to enable Us to provide better services
Information collected through Cookies and similar tracking technology to enable Us to provide better services through the VideoCoin Platforms.
Crash reporting Usage information which is transmitted by the VideoCoin Platforms automatically or on request by the User.
Information which explicitly discloses the Identity of the User such as name, age, Date of birth, telephone or mobile phone number, email, gender, social media information or any other parameter which is disclosed by the User when they register on the Website for a VideoCoin Account or submit a support request by any mode including through email or on the Website.
Payment or bank information in case the User provides Us with the same voluntarily for fulfilling any special request.
Information and/or access to social media accounts of the User when he chooses to link the same to the Website or accesses the Website using the social media accounts.
Personal User Information such as pattern of use of the VideoCoin Platforms, fund access information and information about external wallets
Data generated by a User through Use of the Website
Any other information which is provided by the User by filling any form or similar data collection method or transmitted by the User voluntarily or when requested by Us.
Any communication in any manner between You and Us including through telephone (without warning), Website, Email, in person or any other mode of communication
Any other information where We are required by law to collect such information
4.10 We accept the documents and information submitted by the Users on good faith and may undertake verification if we deem fit. Submission of false information or documents whether willingly or inadvertently will be considered as a violation of the T&C and the User will be required to indemnify the Company for any expenses or losses incurred due to the same. Further, any VideoCoin Account which has been opened with information or documents which We believe are incorrect may be closed down and cancelled at any time. If you refuse to provide use with the documents specified in Clause 4.6 or refuse to share your Personal User Information or Anonymous Information, we may not be able to provide you with permission to Use any or all of the VideoCoin Platforms and receive any Tokens through the Airdrop.
4.11 The Users undertake to ensure and declare that:
No funds used in transactions and/or trading on VideoCoin by the User at any time are related to any illegal activity or are proceeds from any criminal activity in any country across the world
none of the VideoCoin Platforms will be used in any manner for money laundering or in violation of any domestic or international laws
4.12 The Users understand and agree that:
The Tokens may only be transferred subject to compliance with the provisions of applicable laws and these T&C and any other documents released by the Company.
Transfer of funds or Cryptocurrencies to any other User directly or indirectly through the VideoCoin Platforms for any transaction not related to genuine use of the VideoCoin Platforms is prohibited
Unauthorised transfer, sale, purchase or acquisition of a VideoCoin Account from another VideoCoin User is prohibited and a VideoCoin Account may be used solely by the person who has opened the account.
4.13 The amount which will received by any User through the Airdrop will be determined by the Company with the likelihood that a specific number of Tokens will be provided on the completion of a specified task such as a small number of Tokens for referring of friends or for registering or joining on the Telegraph (mobile application) channel.
4.14 We also collect anonymised information including but not limited to Website visits, duration, time of access, clicks and other use of VideoCoin Platforms and any transactions made within the Website (‘Anonymous Information’). This Anonymous Information does not identify any User directly and can be shared with any advertisers and/or other third parties for advertising or other purposes.
4.15 Personal User Information or any documentation collected from any User under Clause 4.6 above may be shared by Us with any appropriate agencies or parties for verification or as required for identity, anti-money laundering or any other form of checks.
4.16 We are obliged to share any documentation collected under Clause 4.6, Personal User Information or Anonymous Information on request or orders from any competent Judicial or Administrative authorities empowered to seek such data as per the laws of the countries where We operate. We are under no obligation to transfer information about any such requests to Our Users but may attempt to do so unless prohibited by law.
6. Exclusion of Warranties and Limitation of Liability Clause
8. Intellectual Property Rights
9. Applicable Law And Dispute Resolution
10. Additional Provisions
(a) Complete Agreement: These T&C set forth the entire understanding between each User and the Company and the VideoCoin Team with respect to the Airdrop and receipt of the Tokens. For facts relating to the Airdrop, the User agrees to rely only on these Terms and the Agreements in determining the decision for registration for Airdrop and understands that these documents govern the Airdrop of Tokens and supersede any public statements about the Token Airdrop made by third parties or by the VideoCoin Team or Company or individuals associated with VideoCoinTeam or Company, past and present and during the Token Airdrop.
(b) Severability: If any term, clause or provision of these T&C is held unlawful, void or unenforceable, then that term, clause or provision will be severable from these T&C and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these T&C.
(c) No Waiver: The failure of the Website Owner to require or enforce strict performance by the User of any provision of these Agreements or failure to exercise any right under these Agreements shall not be construed as a waiver or relinquishment of the Company’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these T&C shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these T&C, no representations, statements, consents, waivers, or other acts or omissions by the Company shall be deemed a modification of these T&C nor be legally binding, unless documented in physical writing, and executed by the User and a duly appointed officer, employee, or agent of the Company.
(d) Force Majeure: The Company is not liable for failure to perform solely caused by: unavoidable casualty, delays in delivery of materials, embargoes, government orders, acts of civil or military authorities, acts by common carriers, emergency conditions (including weather conditions) incompatible with safety or good quality workmanship, or any similar unforeseen event that renders performance commercially implausible. If an event of force majeure occurs, the Party injured by the other’s inability to perform may elect to suspend the Agreements, in whole or part, for the duration of the force majeure circumstances. The Party experiencing the force majeure circumstances shall cooperate with and assist the injured Party in all reasonable ways to minimize the impact of force majeure on the injured Party.
(e) Cooperation with Legal Authorities: The Company and VideoCoin Team will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions.
(f) State Policies: The Website Owner and its Affiliated Parties strictly follow anti-money laundering (AML), “know your customer” (KYC) and other banking or government regulations in respective jurisdictions. Each and any User fully agrees to assist the Website Owner in complying with all of the mentioned regulations and provide any necessary information if such is required from the User by the competent authority.
(g) Updates: The Agreements may be updated with or without notice from time to time and the version available at the Website on a given date will be considered as the governing document for any incidents arising on that date. An update of the Agreements on the Website will be considered as valid notice to everyone and all users and interested parties are requested to visit the Website regularly to update themselves about the latest updates to the Agreements.
(h) The Agreements will not be interpreted against one Party merely as it was drafted by the Party.
Construction: For purposes of Agreements, whenever the context requires:
(j) Assignment: The User shall not assign any of the Agreements, either in whole or in part, without the express prior written consent of the Website Owner. Any such attempted assignment shall be void.