Terms of Service
Last updated at July 5th, 2017
These Terms of Service are effective as of September 20, 2017, and were last updated at September 20, 2017.
Please take particular note that additional terms will be added regarding registration for and participation in the Pubcoin Initial Token Sale and subsquent Token Sales.
Pubcoin.com ("Pubcoin.com") is a service of Ruboss Technology Corporation ("Ruboss"), a corporation incorporated in British Columbia, Canada. These Terms of Service (the "Terms") govern your access to and use of the Pubcoin.com websites, public APIs and client software ("Pubcoin.com", the "Site" or the "Service" or "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the "Content"). Your access to and use of the Services is conditional on your acceptance of, and compliance with, these Terms. By accessing or using the Services you agree to be bound by these Terms. These Terms of Service are subject to change at any time, and your continued use of Pubcoin.com constitutes binding acceptance of any and all changes to these Terms.
1. Description of Services
Currently Pubcoin.com provides a website and features and services related to: (i) providing information regarding the creation and operation of a rewards points platform for internet commerce, powered by a permissioned blockchain built on Quorum, JPMorgan’s fork of Ethereum; (ii) creating and operating an email newsletter; and (iii) providing information regarding a proposed Pubcoin Initial Token Sale and subsequent Token Sales, including the provision of a downloadable whitepaper. This Description of Services and these Terms generally will change and expand as the Pubcoin.com service is developed and we recommend all users return to it from time to time.
2. Basic Terms
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. Ruboss also retains the right to create limits on use and storage at its sole discretion at any time without prior notice to you.
Ruboss disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any other client software. Ruboss also reserves the right to modify, suspend or discontinue the Services with or without notice at any time and without any liability to you.
2.2 Your Responsibility
You are responsible for your use of the Services, for any Content you post to the Services (including to third-party services), and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
2.3 Minimum Age
You must be at least nineteen (19) years of age, or the age of majority in the jurisdiction where you reside if that age is greater than 19, to use the Site and Service. The Site is not directed to persons under 19. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at firstname.lastname@example.org. We do not knowingly collect personally identifiable information from children under 19. If we become aware that a child under 19 has provided us with personally identifiable Information, we will delete such information from our files.
2.4 Your Ability to Accept Terms
You represent and warrant that you have the legal capacity to enter into these Terms, and that the entering into these Terms does not conflict with any arrangements or agreements between you and any other person or entity.
You may use the Services only if you can enter into a binding contract with Ruboss and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, provincial, national, and international laws, rules and regulations. Ruboss reserves the right to refuse service to anyone at any time for any reason without notice. If you are unwilling or unable to be bound by these Terms, you are not permitted to and must immediately stop using the Services.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ruboss on the Services are subject to change. In consideration for Ruboss granting you access to and use of the Services, you agree that Ruboss and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by you or others.
5. Content Policy
[#Peter: We may not want to include more than the first three paragraphs here, and omit mention of the Copyright Take Down Policy]
All Content, whether publicly posted in third-party services, or privately transmitted between users of Pubcoin.com via any mechansim for communication that is offered as part of the Services, is the sole responsibility of the person who originated such Content.
We will not monitor or control the Content posted via the Services and we take no responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained through the Services is at the user's own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will Ruboss be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcasted elsewhere.
By uploading Content to the Site you represent and warrant that the Content:
- Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Ruboss for use as described above and, in either case, that the Content does not contain any personally identifying information about any individual ("Personal Data") other than yourself;
- Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- Does not invade any individual's right of privacy or publicity;
- Does not contain material that is unlawful, obscene, defamatory, pornographic, hate speech, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
- Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including but not limited to Personal Data);
- Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation, rule or policy;
- Does not offer or disseminate fraudulent goods, services, schemes, or promotions; and
- To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person.
The person who creates and uploads the Content is entirely responsible for it. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Ruboss responsible for any inadvertent damage to, corruption or destruction of the Content. In addition, Ruboss is not responsible for backing up or archiving the Content. If any Content transmitted to Leanpub is damaged, lost or corrupted in any way, Ruboss will have no obligation or liability to you.
As a user of the Services, you agree:
- Not to post any Content that would violate these Terms;
- Not to use the Services to harm anyone, including but not limited to minors, in any way;
- Not to use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
- Not to interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
- Not to employ a robot, spider or other process or device to harvest e-mail addresses or other user information or to monitor the activity on the Site; and
- Not to impersonate another person or entity or forge any e-mail communication or message.;
- Not to post any false or misleading information to Ruboss in any way, via any communications channel or communications medium, including but not limited to email and online comments;
- Not to impersonate another person, or misrepresent your account as the account of another user;
- Without permission, not to use or attempt to use another user's account without advance authorization both from the preson and from Ruboss;
- Without permssion (as in the case of an audit or security review), not to reverse engineer or attempt to reverse engineer any aspect of the Services;
- Not to use the Services for any illegal or unauthorized purpose;
- Not to violate this agreement or promote or encourage any activity that would involve violation of this agreement, including by other users
In addition to complying with all the above restrictions on conduct and Content, you are responsible for adhering to all local and national laws of the jurisdiction in which you are located.
If Ruboss becomes aware that a user has uploaded Content that violates these Terms or other Leanpub policies, it may take one or more of the following actions based on the severity of the violation:
- Delete the associated material;
- Disable the author's access to his/her Pubcoin.com account; and
- Report the user to law enforcement authorities.
Ruboss, in its sole discretion, reserves the right to refuse publication on the Site of any Content or to remove any and all Content that Ruboss learns is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or that negatively affects Site operations or the Pubcoin.com brand, or that misrepresents the nature of the Content, its current state of completeness or its plan for development, or that has been apparently abandoned in an incomplete state. At our discretion, we will remove Content and/or ban users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
If you believe that any material contained in the Site infringes your copyright, you should notify Ruboss of your copyright infringement claim and Ruboss will take appropriate action in accordance with our Copyright Take Down Policy, which governs how we respond to claims of copyright infringement. The Copyright Take Down Policy can be found here. Accepting these Terms constitutes acceptance of the Take Down Policy.
8. Rights to Content Posted on the Site
8.1 Ruboss Property
Ruboss is the owner of all intellectual property rights, including but not limited to all copyright, patents, and trademarks, associated with Pubcoin.com, the Site and the Services, with all rights reserved, exclusive of Content provided by third parties, including but not limited to Content which is owned by the licensors of such Content. Ruboss owns the design, format and layout of the Site. Ruboss authorizes users of the Site to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided they maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Such authorization from Ruboss does not extend to use of the design, format, or layout of the Site, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from the Site. Failure to maintain such notices voids the authorization granted above. In granting this authorization, Ruboss grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The Pubcoin.com logo and the names of all Pubcoin.com products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Ruboss and all rights are reserved therein by Ruboss.
8.2 Licence Grant to Pubcoin.com
You retain your rights to any Content you submit, post or display on or through the Services. However, by submitting, posting or displaying Content on or through the Services, you grant us certain rights. These rights differ based on the type of Content. For Content you post on Pubcoin.com, such as posts to any discussion forums we provide (the "Forums"), or such as comments on a blog post or blog posts, including the incorporation by Ruboss into the Services of suggestions or feedback from you regarding the services, you grant us a fully transferable, fully sub-licensable, irrevocable, non-exclusive license to copy, reproduce, print, publish, create derivate works of, distribute, translate, and otherwise use the Content in conjunction with the Services, and any works derived from the Licensee's Work in all media, in perpetuity, and worldwide.
These Terms are effective until terminated. Ruboss may terminate or suspend these Terms immediately for any reason and without prior notice to you. All provisions of this Agreement relating to disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights (including without limitation licence rights) shall survive termination.
10. International Users
Ruboss makes no representation that material on the Site is appropriate to or available at locations outside of Canada and the United States. You may not use the Site or export the Content in violation of United States export regulations. If you access the Site from a location outside the United States or Canada, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
11. The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, RUBOSS AND ITS PARTNERS DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. Ruboss will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Ruboss has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ruboss or through the Services, will create any warranty not expressly made herein. Ruboss may also in its discretion modify the features, availability, operation and/or look and feel of the Services from time to time without notice to our users.
12. Links and Third Party Content
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ruboss of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge that it is your sole responsibility for, and assume all risk arising from, your use of any such websites or resources.
Content from third parties may displayed on the Site or through the Services (the "Third Party Content"). The presence of Third Party Content on the site or as part of the Services does not imply any control, endorsement or adoption of any third party by Ruboss. We make no warranties or representations regarding any Third Party Content. This includes represenations and warranties regarding the Third Party Content's accuracy or completeness. You acknowledge and agree that any interaction on your part with the Third Party content is solely between you and the related third party or third parties, and you acknowledge that Ruboss is not in any manner responsible or liable for any interaction you have with a third party or with any Third Party Content.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUBOSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (OTHER THAN CONTENT CONTRIBUTORS GRANTING LICENCES PURSUANT TO THESE TERMS) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OPPORTUNITY, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RUBOSS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree that the liability of Ruboss, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to Ruboss in connection with the transaction giving rise to such claim. Any action under these Terms must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Ruboss, its officers, employees, affiliates and agents which, but for this provision, would give rise to the cause of action against Ruboss in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under these Terms are as expressly set out in these Terms.
You shall indemnify and hold Ruboss harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), lawyer's fees and expenses that Ruboss may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of these Terms, and for any act or omission by you which is in any way related thereto.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages. Therefore, the limitations above may not apply to you.
16. Waiver and Severability
The failure of Ruboss to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Every provision of these Terms is intended to be severable. If any section of these Terms is found to be invalid or unenforceable, then such section will be deemed amended and will be interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from these Terms and the rest of these Terms will remain in full force and effect.
17. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Province of British Columbia, Canada, without regard to or application of the conflict of law provisions of your province, state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Vancouver, British Columbia, Canada, and you consent to the jurisdiction of such courts and waive any objection as to inconvenient forum. Notwithstanding the foregoing, Ruboss reserves the right to seek injunctive, specific performance or any other equitable remedy from any court of competent jurisdiction.
18. Entire Agreement
Ruboss may revise these Terms from time to time. The most current version can be found here. If the revision, in Ruboss's sole discretion, is material, Ruboss will attempt to notify you via email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms.
These Terms are binding. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
The Services are operated and provided by Ruboss Technology Corporation.
Our address is:
Ruboss Technology Corporation
1321 Blanshard Street
Victoria, British Columbia, Canada
If you have any questions about these Terms, please contact us. The preferred way to contact us is via email to email@example.com.