TERMS AND CONDITIONS

TERMS AND CONDITIONS FOR THE USE OF CRYPTONSGAME.COM AND PURCHASE OF THE QUINTESSENCE TOKEN (QST)

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE PARTICIPATION IN QUINTESSENCE TOKENS (“QST TOKENS”) CROWDSALE OR USING ANY SERVICES OF UPNORTH OÜ (“UPNORTH”), AN ESTONIAN LIMITED LIABILITY COMPANY WITH REGISTRATION NUMBER 14447006, DESCRIBED BY UTILIZING THE WEBSITE LOCATED AT cryptonsgame.com (“WEBSITE”) AND/OR ACQUIRING QST TOKENS. QST TOKENS CROWDSALE SHALL MEAN FUNDING PROCESS AIMED AT RECEIVING CONTRIBUTION FOR THE DEVELOPMENT AND SUPPORT OF UPNORTH PROJECT (“CRYPTONS PROJECT”) DESCRIBED IN THE WHITEPAPER. THE CROWDSALE PHASES ARE PRE-ICO AND ICO. YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU ARE NOT ALLOWED TO USE THIS WEBSITE AND / OR ACQUIRE QST TOKENS. UPNORTH RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON BY POSTING THE AMENDED TERMS ON THE WEBSITE cryptonsgame.com. 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 UPNORTH HAS POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED. NOTE THAT THE TERMS CONTAIN BINDING CLAUSES WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE TQS TOKENS.

 

I. This document includes binding terms and conditions of the transaction between you (“Purchaser​”, “User​”, “you​”) and, UpNorth, a company organized and existing under the laws of the Republic of Estonia, having its registered seat in Tallinn, address: Parda 4, 411-1, 10151, Tallinn, Estonia (UpNorth shall be referred to as the “Company​”, and also may be referred to as “we​” or “us​”). You accept these Terms when you purchase QST tokens (“QST”, “Tokens​”).

 

II. QST Tokens is usual digital product (digital goods, digital commodities), developed by the Company as variety of digital tokens, specified by standard Ethereum ERC20 Token Standard (ERC20). The existence of this good maintains by smart contract developed by the Company and Ethereum blockchain developed by third parties. The Purchaser states that he knows all the aspects of such goods. The QST can be issued by the Company only once during token sale period and within the limits stipulated by token sale. QST issuance is technically impossible after token sale neither for the Company nor for any other persons including the developers of Ethereum. QST functions are determined by standard ERC20 and possibilities included into smart contract QST of the Company – this is, for example, receiving and storing, termination (“burning”), transfer to the other user of Ethereum. Some of those mentioned above of others sphere of application of QST may appear in course of time – upon an initiative of the Company or without the participation and intention of the Company in accordance with blockchain technology. Since the moment of receiving of QST by the Purchaser into its ownership for the aim of individual usage, the Company losses the possibility as well as instruments of full influence on QSTs – since that moment QSTs are considered to be Purchaser’s property, and the deal on the creative and transfer of such property form the Company to the Purchaser is considered to have been paid and legally closed. QST are proposed for utilitarian usage and are integral element of the Cryptonsgame.com site (“Marketplace​”). QST is used as a fee currency of purchase Cryptons (crypto collectibles) on Marketplace. Usage of Marketplace, including but not limited to usage of QSTs in Marketplace, may be guided by separate agreements with Marketplace users.

 

III. The Cryptonsgame Marketplace will be launched in 2018. So, QSTs product is type of permanent tickets (certificates, coupons) for making of specified transactions on Marketplace in the future and provide the Purchasers with early and preferential access to the products and services to be provided by us. The token sale is the form of pre-order for usage of Marketplace. Blockchain was determined as database for keeping of data about release of good, its movement and redemption due to the fact of its reliability (permanence guaranteed by decentralizing) and popularity. Purchase of QSTs is subject to these Terms and Conditions. By purchasing QSTs from us, you will be bound by these Terms and Conditions and all terms incorporated by reference.

 

  1. AGREEMENT TO TERMS

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and UpNorth ​(“we,” “us” or “our”), concerning your access to and use of the cryptonsgame.com website as well as any other media from, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), as well as the purchase of QST on the Site.

1.2 You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

1.3 Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

1.4 We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

1.5 It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted, or by your explicit consent in the purchasing of QST.

1.6 The information provided on the Site 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 us to any registration requirement within such jurisdiction or country.

1.7 Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.8 These Terms and Conditions define basic mutual rights and obligations of UpNorth and the Users or Purchaser, either registered or just visiting certain pages of the Website, during their use of the Website, including but without limitation, for the purpose of purchasing the QST Tokens. By acquiring the QST Token during the Crowdsale you will be bound by these Terms and Conditions, and all terms incorporated by reference. Your acquisition of QST Tokens is subject to these Terms and Conditions.

1.9 UpNorth reserves the right, at its sole and absolute discretion and without giving prior notice, to: (i) vary, modify, add or remove features, or amend any content on the Website. You shall be deemed to have accepted and agreed to any such change if you access or use the Website after the change is published on the Website; and (ii) block or restrict access to, or terminate, withdraw or suspend use of the Website or any part of the Website. UpNorth will be not liable for any loss which may be incurred as a result of such action.

1.10 By using the Website, participating in the QST token Crowdsale and purchasing QST, you covenant, represent, and warrant that: (i) you consent and agree to these Terms and Conditions; (ii) you are of an age of majority to enter into this Agreement, meet all other eligibility and residency requirements, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein and to abide by and comply herewith; (iii) you are aware of all the merits, risks and any restrictions associated with cryptographic tokens (their buying and use), cryptocurrencies and Blockchainbased systems, as well as you know how to manage them, and you are solely responsible for any evaluations based on such your knowledge; (iv) you have necessary and relevant experience and knowledge to deal with cryptographic tokens, cryptocurrencies and Blockchain-based systems, as well as you have full understanding of their framework; (v) you are purchasing QST tokens for the use of the UpNorth platform, or to facilitate development, testing, deployment and operation of applications using the UpNorth platform; (vi) you are not participating in the QST tokens Crowdsale, making purchase, receiving and holding QST Tokens, or exchanging any cryptocurrency for QST tokens for the purpose of speculative investment; (vii) you are not participating in the QST Tokens Crowdsale, making purchase, or receiving and holding QST tokens for an illegal purpose, including money laundering and financing of terrorism; (viii) you are not a citizen, resident or domiciliary of the United States of America or the Peoples Republic of China, or purchasing QST tokens from a location in the United States of America or the Peoples Republic of China, nor are you an entity (including but not limited to any corporation or partnership) incorporated, established or registered in or under the laws of the United States of America or the Peoples Republic of China, nor are you purchasing QST tokens on behalf of any such person or entity; (ix) you are not a citizen or resident of any geographic area in which access to or use of the Website or purchase of QST tokens is prohibited by applicable law, decree, regulation, treaty, or administrative act; (x) you agree and confirms that neither the Company nor any of the Crowd Coinage Team has provided you with any advice regarding whether CCOS is a suitable investment for you.

1.11 You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you shall immediately cease using the Website and the services of UpNorth. If you are purchasing the QST Tokens and/or using the services on behalf of a legal entity, you further represent and warrant that: (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; (ii) you are duly authorized by such legal entity to act on its behalf.

1.12 You agree and understand that QST token does not represent or constitute any ownership rights or stake, share or security or equivalent rights nor any rights to receive future revenues, shares or any other form of participation or governance right in or relating to the Cryptons Project and/or QST. In particular, by nature QST token is NOT and shall in NO case be understood, deemed, interpreted or construed as: (i) equity interest, voting or non-voting securities (or its like) in, or claims against, the UpNorth or any other entity in any jurisdiction; (ii) equity or debt investment of any kind in any venture; (iii) any securities having intrinsic value or market price; (iv) any form of financial derivatives; (v) any commercial paper or negotiable instrument; (vi) any form of investment contract between the relevant holder and any other person; (vii) any commodity or asset that any person is obliged to redeem or purchase; (viii) any note, bond, warrant or other certificate that entitles the holder to interest, dividend or any kind of return from any person; (ix) any loan.

1.13 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 QST tokens exist under the applicable law, you shall not to use this Website and not to purchase QST tokens.

1.14 UpNorth reserves the right to conduct “KYC” exercise and any other kind of customer due diligence on you at any time (including after the close of the QST tokens Crowdsale). If UpNorth discovers your purchase of QST violating this Agreement or any anti-money laundering, counter-terrorism financing or other regulatory requirements, your purchase of QST tokens under the Crowdsale shall be invalid with retroactive effect and UpNorth shall be entitled to immediately terminate this Agreement with you, deny your access to the QST tokens Crowdsale, reject delivery of any QST token, irrespective of any payment that you could have made.

1.15 The information contained in the White Paper and on the Website are of descriptive nature only, are not binding and do – unless explicitly referred to herein – not form part of the Agreement.

1.16 You may sign with UpNorth or our partners, via the Internet or otherwise, a separate agreement for certain services provided by UpNorth (Additional Provisions). In case of any conflict or discrepancy between these Terms and Conditions and Additional Provisions, the Additional Provisions shall prevail over the Terms and Conditions with regard to that specific service(s).

1.17 THIS PROVISION ONLY APPLIES TO THE PURCHASING OF QSTs. You confirm that you are NOT a U.S. citizen, resident or entity (each a “U.S. Person”) nor are you purchasing QSTor signing on behalf of a U.S. Person.

1.18 THIS PROVISION ONLY APPLIES TO THE PURCHASING OF QSTs. You confirm that you are NOT a citizen of or resident of the People’s Republic of China or an entity formed under the laws of the People’s Republic of China (each a “Chinese Person”) nor are you purchasing QSTs or signing on behalf of a Chinese Person.

1.19 Specific information regarding the ICO can be found, either on the site, or in our white paper. Agreeing to the terms, also includes that you have read and understand the contents of the white paper.

1.20 You are responsible for implementing all reasonable and appropriate measures for securing the wallet, vault or other storage mechanism you use to receive and hold QST tokens that you purchase from UpNorth, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your QST tokens.UpNorth is not responsible for any security measures relating to your receipt, possession, storage, transfer or potential future use of QST tokens nor is UpNorth under any obligation to recover any QST token and UpNorth hereby excludes (to the fullest extent permitted under applicable law) any and all liability for any security breaches or other acts or omissions which result in your loss of (including your loss of access to) QST tokens.

1.21 QST tokens crowdsale

1.21.1 QST tokens to be sold during the Crowdsale are merely cryptographic tokens usable on the Blockchain of the UpNorth platform. Such tokens are not redeemable nor associated with financial return or backed by any underlying asset or repurchase commitment and do not necessarily have market prices or transactions between peers. Furthermore, QST tokens do not stand for any sort of investment or loan contract for all intents and purposes. You shall not participate in the Crowdsale with a view to investment or speculation or in pursuit of any profit.

1.21.2 QST tokens impart no proprietary rights or obligation or contract, express or implied, other than the ability to receive any rewards described in the whitepaper, if Cryptons project is successfully completed and deployed. In particular, Purchaser will not have any influence in the development or governance of UpNorth.

1.21.3 Your payment for purchasing QST tokens will be final and non-refundable. You cannot withdraw from the Agreement after you have done payment. So you shall be convinced of the desirability to participate in the QST token Crowdsale before making any payment. Among others, you shall give full considerations to all risk factors and make sure that you are well prepared and willing to take them all. By purchasing QST token the Purchaser acknowledges that he/she has no right to request a refund for any reason, and the Purchaser will not receive money or other compensation for any QST token that remains unused.

1.21.4 QST tokens Crowdsale will be conducted via the Crowdsale dashboard. Participant may purchase using the cryptocurrencies or other payment methods notified on the Website.

1.21.5 UpNorth reserves the right to change the time of QST tokens Crowdsale commencement or the QST token Crowdsale closing in its absolute discretion. Any such changes will be published on the Website.

1.21.6 QST tokens purchased hereunder may be sold and transferred by the Purchaser at any time after the QST tokens Crowdsale via cryptocurrency exchanges if the QST tokens are listed in any.

1.21.7 After making a transfer, you shall keep attending the cryptonsgame.com for information which may be posted on the Website from time to time. Anything relating to the UpNorth or the Cryptons project could be updated, changed or fine-tuned at such time and in such manner as may think appropriate.

1.21.8 UpNorth reserve the right to refuse or cancel QST tokens purchase requests at any time in its sole and absolute discretion, in such event the consideration paid by you shall be rejected or refunded, whereas UpNorth service fee may be withheld from any payment.

1.21.9 QST tokens impart no proprietary rights or obligation or contract, express or implied, other than the ability to receive rights described in the White Paper, if Cryptons project is successfully completed and deployed. In particular, Purchaser will not have any influence in the development or governance of UpNporth or Cryptons project. The sole and exclusive usage rights of these intellectual property rights are held by and assigned to UpNorth and its nominees.

 

  1. INTELLECTUAL PROPERTY RIGHTS

2.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.

2.2 The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

2.4 UpNorth may cooperate with independent third parties involved in the provision of Services (e.g. service provider confirmation and verification). It is forbidden to use any trademark, service mark or logo belonging to any third party without prior permission from such a party.

 

  1. THIRD-PARTY WEBSITES AND CONTENT

3.1 The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

3.2 Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

 

  1. PRIVACY POLICY

4.1 We care deeply about data privacy and security. Please review our Privacy Policy -link to policy- . By using the Site, you agree to be bound by our Privacy Policy, which supplements these Terms and Conditions.

 

  1. TERM AND TERMINATION

5.1 These Terms and Conditions shall remain in full force and effect while you use the Site.

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use of the site, or your ability to purchase QSTs.

5.2 In addition to terminating or suspending your access to the site, and/or your ability to purchase QSTs, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

  1. MODIFICATIONS AND INTERRUPTIONS

6.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

6.2 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

6.3 We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

 

  1. GOVERNING LAW

7.1 The validity, interpretation, construction and performance of these Terms, and all acts
and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed,construed and interpreted in accordance with the laws of Estonia, without giving effect to principles of conflicts of law

 

  1. DISPUTE RESOLUTION

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND ONL AIMS WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.

 

8.1 The law of the Republic of Estonia shall apply to these Terms.

8.2  All disputes arising from these Terms will be settled by the negotiations of the parties. If the disputes resulting from these Terms could not be settled by the negotiations of the parties within a reasonable timeframe, the dispute will be solved in the Harju County Court, in Tallinn, Estonia.

 

  1. DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND PURCHASING OF QSTa WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. LIMITATIONS OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (i) IN NO EVENT WILL COMPANY OR ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, WHERE RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE SALE OR USE OF QST OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (ii) IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY AND THE COMPANY PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE QST TOKENS, EXCEED THE AMOUNT YOU PAY TO THE COMPANY FOR QST TOKENS.

 

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

11.2 YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

11.3 You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

  1. PURCHASE LIMITATIONS

12.1 THE QST IS NOT A STOCK OR ANY OTHER INVESTMENT INSTRUMENTS EXCHANGE. QSTs ARE NOT SECURITIES AND SHALL NOT IN ANY CASE BE CONSIDERED AS SUCH, AND THE OFFER OF QSTs HAVE NOT BEEN REGISTERED WITH ANY GOVERNMENT ENTITY. QSTs DO NOT REPRESENT ANY SHARE, STAKE, DEBT OR SECURITY OR EQUIVALENT RIGHTS, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO RECEIVE FUTURE REVENUE OR PROFIT SHARES OR INTELLECTUAL PROPERTY RIGHTS OF THE QST, OR ANY VOTING OR GOVERNANCE RIGHTS OR ANY OTHER RIGHT TO INFLUENCE THE DEVELOPMENT OR OPERATION OF THE QST, AND DO NOT REPRESENT ANY OWNERSHIP RIGHT OF THE UPNORTH.

 

  1. CERTAIN RISKS RELATING TO PURCHASE

13.1 QST Tokens are not being structured or sold as securities or any other form of investment product. Accordingly, none of the information presented in Terms is intended to form the basis for any investment decision, and no specific recommendations are made or intended. UpNorth expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from: (i) reliance on any information contained in this Terms and Conditions or White Paper or Website; (ii) any error, omission or inaccuracy in any such information; or (iii) any action resulting from such information.

13.2 The Purchaser understands and accepts that while the individuals and entities, including UpNorth, assigned to this task will make reasonable efforts to develop and complete the Cryptons project, it is possible that such development may fail and Purchaser’s QST tokens may become useless and/or valueless due to technical, commercial, regulatory or any other reasons. Acquiring and storing QST tokens involves various significant risks, in particular that UpNorth, may not be able to launch its operations and developments as described in the White Paper. By purchasing, holding and using QST tokens, you expressly acknowledge and assume also the following risks:

 

  • Risks Associated with the Ethereum Protocol. Because QST tokens are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on the QST tokens. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the QST tokens by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
  • Risk of Hacking. Hackers or other malicious groups or organizations may attempt to interfere with the UpNorth and the QST Tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing.
  • Risk of Mining Attacks. The Purchaser understands and accepts that, as with other cryptocurrencies, cryptographic tokens, and Blockchain based software systems, the Ethereum Blockchain used QST Tokens Crowdsale campaign is susceptible to mining attacks, including but not limited to double spend attacks, majority mining power attacks, “selfishmining” attacks, and race condition attacks. Any successful attacks present a risk to QST Tokens Crowdsale campaign, expected proper execution and sequencing of token transactions, and expected proper execution and sequencing of contract computations.
  • Risk of abandonment / lack of success. The Purchaser understands and accepts that the creation of the QST tokens and the development of the Cryptons project may be abandoned for a number of reasons, including lack of interest from the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). The Purchaser therefore understands that there is no assurance that, even if the Cryptons project is partially or fully developed and launched, the Purchaser will receive any benefits through the QST tokens held by him/her.
  • Regulatory risk. The Purchaser 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 current setup of the UpNorth platform. This may, inter alia, result in substantial modifications of the system and/or the Cryptons project, including its termination and the loss of QST for the Purchaser.

13.3. Any interested person who is not in the position to accept nor to understand the risks associated with the QST Tokens Crowdsale, the activity (including the risks related to the non development of Cryptons Project) or any other risks as indicated in the Terms or on the Website or in any other form as disclosed by UpNorth, should not acquire QST Token.

13.4. The Purchaser acknowledges and understands that the proceeds from the sale of the QST Tokens will be utilized by UpNorth in its sole discretion.

 

  1. MISCELLANEOUS

14.1 These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

14.2 These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

14.3 If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

14.4 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

14.5 You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 

CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

contact@cryptogames.com