User Agreement and Terms and Conditions
for the Use of the Allmine Offering
By consenting to this User Agreement and Terms and Conditions (Agreement), or by utilizing the Allmine Platform or any of its Offerings (Offering), the User acknowledges and accepts to following terms and conditions. This Agreement is effective as of the date of consent or first use. This Agreement is between Allmine, Inc. (“Allmine” or “Company”), and User (“User”). Updates to this Agreement and its terms will be published on the Allmine website at www.all-mine.co from time to time, and the User’s continued use after any such updates shall serve as the User’s acknowledgement and acceptance of any new or modified terms.
The purpose of this Agreement is to define the relationship between Company and User who wish to utilize the software platforms offered by Company (“Offering”), and the obligations of each party with respect to this transaction.
Now, THEREFORE, and in consideration of the mutual promises, terms and conditions stated herein, the parties do now AGREE as follows:
- OFFERING. Company has created technology that aids Miner and Developer Users in their operations relating to cryptocurrency operations.
- OWNERSHIP, CONTROL, LICENSE OF OFFERING. Company owns the technology and all elements of the Offering, including the technology, code, design, ideas, functionality, improvements, implementation, and all other aspects of the Offering now and forever. Company shall control the implementation and operation of the Offering in its entirety for the entire duration during which the User utilizes the Offering. Company grants only a temporary, revocable license to User for the use of the Offering subject to the terms and conditions herein. Company may revoke the license, or right to use the Offering in its sole discretion, at any time.
- IMPLEMENTATION. Participating User will receive limited support from Company to facilitate User’s adoption of the Offering. Company does not guarantee that it will be able to customize the Offering for any User’s specific use, not does it warranty the Offering’s fitness for use for any particular User or application.
- OFFERING SELECTION, PRICING, AND FULFILLMENT. User acknowledges that the Offering may change as it is updated from time to time, as well as the manner in which the Offering is priced, delivered, and fulfilled may also be modified in the Company’s sole discretion. User’s continued use of the Offering indicates User’s acceptance of the then-current Offering, pricing structure, and delivery and fulfillment models.
- FINANCIAL TRANSACTIONS AND REPORTING. From time to time as requested by the User, Company will attempt to provide pertinent financial transaction and reporting data as is necessary to inspect and verify information affecting the financial transactions between User and Company.
- SERVICE LEVELS, WARRANTIES, AND RESPONSIBILITIES. The following key provisions define the relevant service levels, warranties, and responsibility of Users and Company:
- For Miner Users:
- Company does not assume any liability for lost revenue as a result of the Offering being unavailable.
- Company does not assume any liability for lost revenue as a result of the Offering or any User equipment being hacked or otherwise compromised.
- Company does not assume any liability for lost revenue as a result of the User’s account being hacked or otherwise compromised.
- Company does not assume any liability for any hardware failures, including those failures resulting from the use of the Offering, including the service, software, bitstreams, or from developer bitstreams.
- Miner User is responsible for managing and monitoring its devices and all associated settings and configurations.
- Company will use best efforts to provide the Offering and associates protections for User’s hardware.
- Minor User agrees to promptly compensate Company, in the manner currently employed by the Company for payments, all fees associated with the use of the Offering and acknowledges that Company may alter, adjust or modify the fee structure and/or fees in its sole discretion from time to time.
- For Developer Users
- Company does not assume any liability for lost revenue as a result of a breach of source code.
- Company does not assume any liability for lost revenue as a result of a hacked, or otherwise compromised, server or account.
- Company does not assume any liability for lost revenue as a result of Company’s operations code being hacked, cracked, or otherwise compromised.
- Company does not assume any liability for lost revenue as a result of the Offering being unavailable.
- Developer User is responsible for managing its own account and all associated settings and configurations.
- Company will use best efforts to provide all services and protections for Developer User’s intellectual property and code.
- Developer User agrees to promptly compensate Company, in the manner currently employed by the Company for payments, all fees associated with the use of the Offering and acknowledges that Company may alter, adjust or modify the fee structure and/or fees in its sole discretion from time to time.
- CONFIDENTIALITY. Except as required or authorized by law, User shall not directly, or indirectly, use, disseminate, discuss, or disclose in any form Confidential Information. This obligation applies during the term of this Agreement and any time after its termination. The term "Confidential Information" includes, without limitation, (i) the terms of any contracts or prospective contracts relating in any way to Company, (ii) any elements of Company’s business strategy, (iii) marketing methods, (iv) financial results, status or condition, (v) lists of current and/or prospective customers, vendors, and suppliers, (vi) strategic plans, (vii) proprietary computer and systems technology, (viii) production methods, (ix) products and product and systems technology, (x) trade secrets, (xi) policies and procedures, and (xii) any other non-public information concerning Company and/or its products, services, employees, suppliers or customers. Confidential Information does not include information that is generally known in the trade or industry. User’s obligations under this section are in addition to all other obligations of confidentiality that User may have under general legal or equitable principles.
All samples, computer discs or systems, images, drawings, inventions, writings, and audio or photographic information of any kind containing any Confidential Information or relating to Company’s business that comes into User’s possession remain the sole property of Company. Such items shall not be copied, reprinted or otherwise reproduced or disseminated by User. User shall immediately return all such items to Company upon the earlier of Company’s request therefore or the termination of this Agreement.
Company shall not disclose any Confidential Information derived from its relationship with User unless authorized or required by law. Company will not use User’s customer information for any purpose except to abide by the terms of this Agreement, including fulfilling and shipping product orders.
- TERM AND TERMINATION. This Agreement shall remain in existence perpetually unless otherwise terminated pursuant to this Agreement. Company retains the exclusive right to terminate this Agreement at any time, for any reason, with or without notice to the User.
- NO AFFILIATION, AGENCY, OR PARTNERSHIP. No agency, partnership, joint venture, or employment is created as a result of this Agreement. User has no authority whatsoever to bind Company in any respect. Neither Company, nor any users of the Offering may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
- GOVERNING LAW. The Terms of this Agreement shall be governed in all respects by the laws of the State of Kentucky, without regard to choice of law provisions. User agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Agreement shall be in the state or federal courts located in Kentucky. Any cause of action or claim with respect to this Agreement must be commenced within one (1) year after the claim or cause of action arises. Company's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
- DISPUTE RESOLUTION. The parties of this Agreement agree to make best efforts to consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- LIMITATIONS OF LIABILITY. IN NO EVENT SHALL COMPANY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE OFFERING OR ANY SERVICES OFFERED BY USERS VIA THE OFFERING, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE OFFERING, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE OFFERING IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE OFFERING OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE OFFERING BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE OFFERING; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE OFFERING OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE OFFERING; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IX) ANY ERROR, PROBLEM, ACCIDENT, OR OTHER ISSUE OCCURRING ON USER’S PLATFORM WHICH MAY HAVE BEEN CAUSED BY THE USE OR UTILIZATION OF THE OFFERING; (X) ANY HARM OR DAMAGE CAUSED TO CUSTOMERS, FINANCIAL OR OTHERWISE, AS A RESULT OF THEIR USE OF THE USER’S PLATFORM AND/OR THE OFFERING; OR (XI) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE OFFERING OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE OFFERING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE OFFERING, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY BY THE USER HEREUNDER.
USER HEREBY ACKNOWLEDGES THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. USER FURTHER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE OFFERING.
IF USER HAS A DISPUTE WITH ONE OR MORE OFFERING USERS, USER FOREVER RELEASES COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USER’S USE OF THE OFFERING AND/OR ANY SUBMITTED CONTENT.
- SEVERABILITY. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be effected, impaired or invalidated, and the parties shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
- ASSIGNMENT: Company may assign its rights and duties under this Agreement to any party at any time without notice User. This Agreement and any terms and rights under it are not assignable or transferable by the User.
- ENTIRE AGREEMENT. The terms contained herein represent the entire and complete Agreement between User and Company. Any amendments or revisions of this Agreement must be agreed upon in writing and attached as an Amendment hereto.