Terms of Use (the “Terms”)

Version 1.1 – 15 October 2018

1. INTRODUCTION

By accessing or using the IPSX website and IPSX Java App located at https://ip.sx and https://app.ip.sx respectively (the “ Site”) and any services made available through the Site, or any other IPSX’s applications programming interface (APIs) within the Site either related or not to IPSX’s affiliated websites such as https://www.cryptocoin.pro/ipsx-exchange/#buy (collectively, the “Services”), you (“you“, “ your”, “yourself”, “User” and collectively with others using the Site and Services “Users”) agree to be bound by these Terms.

As used in these Terms, “IPSX", “ us”, “we”, or “our” refers to the company Geralka Project AG, with its registered office at Bahnhofstrasse 4, 6052, Hergiswil NW, Switzerland, registered under the number CHE-103.114.066, its owners, directors, investors, employees. Depending upon the context, "IPSX" may also refer to the services, products, website, content or other materials provided by IPSX. IPSX Parties refer to IPSX and all of its affiliated entities.

IPSX is a decentralized IP Sharing Marketplace using among other technologies the blockchain technology and connecting actors in a peer-to-peer network, enabling the parties who are willing to lease Internet Protocol addresses (which can be companies or individual users), called "IP Providers", to lease Internet Protocol addresses (“IPs” or “IP addresses”) to other users, called "IP Requesters".

You acknowledge that IPSX does not act or serve as a broker, facilitator, intermediary, agent or advisor with respect to any deal you make or propose to make using the Services and owes you no fiduciary duty. IPSX is not registered with and approved by any regulatory authority, any Regional Internet Registries (RIRs – APNIC, ARIN, RIPE NCC, LACNIC and AFRINIC) or IANA – the Internet Assigned Numbers Authority.

IPSX as distributed market place for IPs, can be considered an Infrastructure-as-a-Service (IaaS) and also a Platform-as-a-Service (PaaS), enabling payments between IP Requesters and IP Providers.

Our online service (the “Platform”) allows Users to:

  1. share a full range of unused IPs in order to receive real-time IPSX utility tokens in a safe way (all connections may be logged in the blockchain);
  2. provide an IP or list of IPs by placing offer orders and reaching a deal with IP Requesters;
  3. benefit from an IP or list of IPs by placing request orders and reaching a deal with IP Providers;
  4. utilise IPSX utility tokens as a unit of exchange between the actors (i.e. IP Providers and IP Requesters) of the IPSX ecosystem.

The Site and our Services are subject to continuous development and so the actual functionality of the Site and the available Services and shall be those referenced on the Site from time to time. These Terms governs your use of the Site and all related subdomains and electronic applications and our products and Services.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services.

By accessing or using the Site and our Services, you agree that:

  1. you have read, understood and agree to be bound by these Terms;
  2. you consent to the terms of the IPSX Privacy Policy;
  3. as an IP Provider User you have read, understood and agree to be bound by the Special Terms & Conditions for IP Providers;
  4. as an IP Requester User you have read, understood and agree to be bound by the Special Terms & Conditions for IP Requesters,

documents mentioned under points (c) and (d) above are hereinafter collectively referred to as “ Special Terms”.

IF YOU DO NOT ACCEPT THESE TERMS AND/OR THE SPECIAL TERMS INCORPORATED BY REFERENCE HEREIN, DO NOT ACCESS THIS SITE AND DO NOT USE THE SERVICES.

2. RISK WARNING

IPSX provides an execution-only service and does not advise on the merits of any particular deals between an IP Provider User who placed an offer order and an IP Requester User who placed a request offer or their tax consequences. As a general matter, Users should be aware of the following risks prior to utilizing our Services:

  • You are responsible for complying with applicable law. You agree that IPSX is not responsible for determining whether or which laws may apply to your deals, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Services.

  • Risk of an unfavourable fluctuation of Ethereum and other currency value: If the value of ETH or other currencies fluctuates unfavourably, this will also impact the value of the IPSX utility token and IPSX may need to review our fee schedule applicable to completed deals between an IP Provider User who placed an offer order and an IP Requester User who placed a request offer.

  • You are aware of and accept the risk of operational challenges. IPSX may experience sophisticated cyber attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions in the Service. You understand that the Service may experience operational issues that lead to delays on our Platform. You agree to accept the risk of deal failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold IPSX accountable for any related losses.

  • Users accept all consequences of sending data or information over the Internet. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks may not always be secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, IPSX does not assume any liability, without limitation, for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Platform or e-mail with IPSX containing your personal information. While IPSX will take commercially reasonable efforts to safeguard the privacy of the information you provide to IPSX and will treat such information in accordance with IPSX's Privacy Policy, in no event will the information you provide to IPSX be deemed to be confidential, create any fiduciary obligations for IPSX or result in any liability for IPSX in the event that such information is negligently released by IPSX or accessed by third parties without IPSX's consent.

  • Users accept all consequences of erroneously sending IPSX utility tokens to an address off our Platform. Token transactions may not be reversible. Once you send IPSX utility tokens to an address, you accept the risk that you may lose access to your IPSX utility tokens indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your IPSX utility tokens, or an address belongs to an entity that may return your IPSX utility tokens but first requires action on your part, such as verification of your identity.

3. REGISTRATION AND ACCOUNTS

IPSX requires certain specified information from its Users in the process of becoming a User of the Services. Each User is aware and accepts herewith that IPSX may at IPSX’s sole discretion decide at which point in time a User must deliver documents and provide information:

  • contact data: e.g. when creating an account or communicating with IPSX (name, address, telephone number, email, birthdate, VAT code);
  • screenshots of national identity documents, like passport, driving license ID card and identification data from these documents, utility bill details for residence verification;
  • company details if a business account is requested (VAT code, commercial register excerpt/report, data of or concerning beneficial owners, records or additional information on recent, past or planned business activities, other data necessary to determine/validate the structure, the beneficial ownership or any power of attorney of the company).

As a condition to using some features of the Site or the Services, IPSX may require you to register for an account, create a user profile, and select a username and password. While you may always browse certain portions of the Site without registering with IPSX, you must register an account with us (the “Account”) to access the password-protected portion of the Site.

You are solely responsible for all activity that takes place under the authorisation of your Account. We will not be liable for any loss or damage arising from unauthorised use of your credentials. You hereby release IPSX from any and all liabilities arising from such activity.

You are responsible for maintaining the security and confidentiality of your Account verification details (including any password). You agree to notify us immediately at support@ip.sx if you suspect or know of any unauthorised use of your login credentials or any other breach of security with respect to your Account. Separate login credentials may be required to access Third-Party Content (defined below).

Upon Account creation, you consent to provide correct and complete information, you will update the information about yourself promptly, and as necessary, to keep it current and accurate. IPSX expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your Account and registration will terminate immediately upon your breach of any of these Terms and/or Special Terms incorporated by reference herein.

We reserve the right to, with or without prior notice, suspend or terminate your Account if activities occur on your Account which infringe or violate any third-party rights, damage or bring into disrepute the reputation of IPSX, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third party. You may terminate your Account and participation as a registered user at any time, without notice.

We may also take steps to freeze your Account if we have any suspicion that it may have been compromised. Whilst we try to mitigate the risk of fraud and cybercrime, we make no warranty that we will be able to identify or prevent unauthorised access to your Account and you should check your Account frequently.

You confirm that:

  • IPSX does not exercise any control over any wallet (“Wallet”) that you may utilise outside of the Site in connection with your use of the Site;
  • We have no right or ability to control Wallets provided by third parties; and
  • Any dispute between you and any third party Wallet provider is between you and that third party Wallet provider.

4. LIMITED LICENSE; FEES

IPSX grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Services, and the content, materials, information, and functionality available in connection therewith (collectively, the “Content”) solely for information, transactional, or other approved purposes as expressly permitted by IPSX from time to time. Any other use of the Services or Content is expressly prohibited. All other rights in the Platform or Content are reserved by us and our licensors. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the Services or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. If you violate any portion of these Terms, your permission to access and use the Platform may be terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law and in equity for any such violation. “ip.sx”, “IPSX”, and all logos related to the Services or displayed on the Site are either trademarks or registered marks of IPSX or its licensor. You may not copy, imitate or use them without IPSX’s prior written consent.

In consideration for the use of the Services and based on the volume and specifications of IP addresses leased by IP Providers, IP Providers agree to pay to IPSX the fees for completed deals, based on the IP Provider subscription plan to be made available by IPSX.

5. RESTRICTIONS ON USE OF THE SITE

Without conflict or limitation of other terms in these Terms, you agree not to, and to refrain from attempting to:

  1. decompile, decipher, or tamper with any of the IPSX software or source code;
  2. gain unauthorised access to any portion of the Site, or any other systems or networks connected to it, or to any IPSX server, or to any of the content offered on or through the Site by circumventing the Site’s access control measures, either by hacking, password mining or any other means;
  3. transmit any virus, spyware, malware or any other computer file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Site or communications equipment and computers connected thereto;
  4. use or exploit any trademarks, service marks and logos or IPSX content in any manner that is not expressly authorised by these Terms;
  5. provide any false information to IPSX;
  6. utilise any device or software that can interfere, or in an attempt to interfere, with the proper working of the Site;
  7. delete or alter, any material IPSX makes available on the Site;
  8. post illegal material or use the Sites for illegal activity;
  9. create a false identity or impersonate another person or entity in any way;
  10. fail to provide us with the necessary information to verify your identity;
  11. use any means to restrict, discourage or deny the use of the Site from any person;
  12. use the Site, without IPSX’s prior express written consent, for any unauthorised purpose;
  13. violate any international, federal, state or local laws or regulations or these Terms; or
  14. assist any person in carrying out any of the activities in the above mentioned.

The above will constitute breach of these Terms allowing us to suspend or terminate your use of the Site and any Account with immediate effect.

6. NO TRANSFERABILITY

While the Account and the Services provided to a User are not transferable under any circumstance and shall be used only by the User, IPSX shall have the right to transfer, assign, or sell all the rights, benefits, or obligations to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of IPSX or its lenders, if any.

7. THIRD PARTY CONTENT

IPSX and its Users may provide third party content on the Site or may provide links to web pages and content that are not owned or controlled by IPSX (collectively the " Third Party Content") as a service to those interested in this information. IPSX does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that IPSX is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. IPSX is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site.

8. PRIVACY NOTICE

Use of the Site is also subject to IPSX’s Privacy Notice, which is incorporated into these Terms by reference. The User consents to IPSX’s Privacy Notice which IPSX reserves the right to amend from time to time. Further information about IPSX’s Privacy Notice and how changes can be made can be found by accessing the link provided herein.

9. THIRD-PARTY DISPUTES

Any dispute that may arise between you and a third party, including but not limited to other users and organisations, in connection with your use of the Site is directly between you and the said third party. Accordingly, to the utmost extent permitted by law, you hereby irrevocably release the IPSX Parties from any and all claims, demands and damages, known and unknown, arising out of or in any way connected with such disputes.

10. COOKIE STATEMENT

Cookies We Set

If you create an Account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

The Site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

The Site offers or payment and other facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

From time to time we may offer User surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

In order to provide you with a great experience on this Site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases, we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this Site.

This Site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the Site and ways that we can improve your experience. These cookies may track things such as how long you spend on the Site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page (https://www.google.com/analytics/).

Third party analytics are used to track and measure usage of this Site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the Site or pages you visit which helps us to understand how we can improve the site for you.

From time to time we test new features and make subtle changes to the way that the Site is delivered. When we are still testing new features, these cookies may be used to ensure that you receive a consistent experience whilst on the site whilst ensuring we understand which optimisations our users appreciate the most.

It is important for us to understand statistics about how many of the visitors to our Site actually interact with us, and as such this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and service costs to ensure the best possible price.

We may also use social media buttons and/or plugins on this Site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Twitter, will set cookies through our Site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

11. INDEMNIFICATION

You agree to indemnify, defend and hold IPSX and IPSX Parties and each of their respective officers, directors, agents, joint ventures, employees, and representatives, harmless from any claim or demand (including attorneys’ fees and costs and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms, (ii) your use of Services, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.

12. DISCLAIMER OF WARRANTIES

IPSX provides no guarantee as to the performance or the uninterrupted availability of the Services. The Services are provided on an "as is," "as available" basis without warranties of any kind, either express or implied. IPSX disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Services. IPSX does not represent or warrant that the Services and the information contained therein are accurate, complete, reliable, current or error-free. IPSX will make reasonable efforts to ensure that deals between IP Requesters and IP Providers on the Platform are processed in a timely fashion, but makes no representations or warranties with respect to the amount of time needed to process such deals. You also acknowledge that any information that you store or transfer using the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, third party protocol changes, internet outages, third party denial of service attacks, acts of God or unscheduled maintenance. You are encouraged to back up and safeguard your information, including login credentials, at all times.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, IPSX shall have no liability for any damages of any kind (including without limitation indirect, special, incidental, consequential, or tort damages, or lost profits) in connection with your use of the services, even if IPSX has been advised or is aware of the possibility of such damages. In no event will IPSX’s liability for money damages under these Terms exceed the amount of fees received from you during the preceding three (3) month period.

14. TERMINATION OF SERVICES

You may voluntarily terminate the use of Site and Services by accessing the “Settings” section of your Account and follow the “Delete Account” procedure or send a written notification to us at support@ip.sx in order to cancel your Account.

IPSX may unilaterally (i) suspend or terminate your access to the Services and (ii) deactivate or cancel your Account as required by a valid subpoena or court order, or if IPSX suspects you or others of using your Account in furtherance of illegal activity.

You will be permitted to transfer IPSX utility tokens associated with your Account for 45 calendar days after Account cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a valid subpoena or court order.

If any transaction related to IP addresses is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your Account if IPSX believes in its sole discretion that such cancellation is being performed to avoid paying any amounts otherwise due to IPSX. In the event that you or IPSX terminates your access to the Services, or cancels your Account, you will remain liable for all amounts due hereunder.

15. SURVIVAL

Sections 7 (Third-Party Content), 9 (Third-Party Disputes), 11 ( Indemnification), 12 (Disclaimer of Warranties), 13 (Limitation on Liability), 15 (Survival), 16 (Severability. Waiver), 17 (Integration), 18 ( Force Majeure), 19 (Law, Jurisdiction & Dispute Resolution) and 20 ( Language and Translations) will survive any termination or expiration of these Terms.

16. SEVERABILITY.WAIVER

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by IPSX to enforce any of its rights shall not constitute a continuing waiver of such rights.

17. INTEGRATION

The failure of us to exercise or enforce any right or provision of these Terms and shall not constitute a waiver of such right or provision. These Terms, the Special Terms and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

18. FORCE MAJEURE

In addition to applicable disclaimers stated above, IPSX's performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

19. LAW, JURISDICTION & DISPUTE RESOLUTION

To the fullest extent permitted by law, the Terms and any dispute arising from use of the Site and our Services is governed by Swiss law shall be governed and construed in accordance with the law of Switzerland. The parties hereto agree to irrevocably submit to the exclusive jurisdiction of the courts of the canton of Nidwalden, Switzerland subject to the exclusive right for IPSX to take action in any other jurisdiction as it deems appropriate to enforce its rights herein.

For consumers resident within the European Economic Area, any dispute relating in any way to your use of the Site or any IPSX Service, or to any products or services through IPSX may be able to be resolved using the European Online Dispute Resolution Platform (see https://ec.europa.eu/consumers/odr/main/?event=main.home.show and https://ec.europa.eu/consumers/odr/main/?event=main.complaints.odrList for your national contact point).

By accepting these Terms both parties each agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, representative or consolidated action.

20. LANGUAGE AND TRANSLATIONS

You agree that these Terms, the Special Terms, IPSX's Privacy Policy, and other notices posted through the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall prevail.

21. CONTACT US

Please contact us at support@ip.sx if you have any queries about our Site or Services. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.