End User Licence Agreement
This Agreement ("Agreement") is made by and between Seventh Continent Ltd. the Operator of 8th Continent Social Marketplace, a private limited company registered under company number 07288379, having its principal place of business at Marshall House, Ring Way, Preston PR1 2QD, Lancashire, UK, and the Users of the 8th Continent Social Marketplace ("Participants"). Participating to the 8th Continent Social Marketplace means that Participants after registration process completed have access to the 8th Continent Social Marketplace, its market of digital products and digital services, including any other present and future services that are available for the Participants at time of registration. 8th Continent Social Marketplace is accessible at the url address https://8cbit.com while the dedicated url address for the Initial Token Sale is https://8cico.com.
By accepting this Agreement Participants agree to it in its entirety, with immediate effect.
In consideration of the promises set forth herein, the Parties hereto agree as follows:
- The System and its online Platform identified as the 8th Continent Social Marketplace, including, but not limited to, computer code, database, Engine, text, graphics, audio files, logos, button icons, images, characters, items, concepts, data compilation, database, administrative interfaces and software, is the property of Seventh Continent Ltd. Indifferently from the national rules concerning intellectual property rights applicable in the country of the Participants or in the country where the Participants may have access to the website, all rights are reserved to Seventh Continent Ltd. following intellectual property rights of the UK and international intellectual property rights including copyright laws. 8th Continent Social Marketplace logo, and other marks indicated on the website, any Game design and any other Operator’s graphics, logos or button icons are registered trademarks of Seventh Continent Ltd. in Europe and in many countries outside the EU.
- This Agreement is a legal document that details Participants rights and obligations as a Participant to 8th Continent Social Marketplace, entitled to a Participant Account defined below, and access to use certain related services. You cannot become a Participant of 8th Continent Social Marketplace until you have accepted the terms of this Agreement.
- The Operator of 8th Continent Social Marketplace agrees to provide the online Platform "as is" to all Participants. All use of it is only allowed according to the terms and conditions set forth herein. All use not in accordance with this Agreement is specifically forbidden. This Agreement and the Terms of Sale Agreement are your entire agreement with the Operator and govern your use of 8th Continent Social Marketplace. By accepting these agreements you also agree to any additional terms and conditions that may arise from usage of affiliate systems, other Operator’s systems or products and services, or Third Party software and/or systems exhibited on 8th Continent Social Marketplace's online Platform.
- The services offered by 8th Continent Equity Investment Trust, the only accredited investment partner of 8th Continent Social Marketplace having the rights to offer investment trust services, are optional for the Participants and the use of the these services are governed by the terms and conditions set forth by 8th Continent Equity Investment Trust. 8th Continent Equity Investment Trust buys in ECB, the digital currency of 8th Continent Social Marketplace and holds digital stocks and other digital securities of the best performing Top88 digital companies on 8th Continent Social Marketplace. 8th Continent Equity Investment Trust services can only be accessed on 8th Continent Social Marketplace's ICO pages under https://8cico.com, either directly on 8th Continent Social Marketplace.
- To qualify as a Participant, Participants must be at least 18 years old. If Participants are not 18 years old but are at least 14 years old, they may still partake, but only if their Participant Account was created and registered by their parent or guardian. Any rights Participants might have according to this Agreement will be void and without effect, and will not be entitled access to the 8th Continent Social Marketplace, if Participants do not satisfy the age requirement.
- 8th Continent Social Marketplace can be considered as a Game, an online Social Game. Participation to 8th Continent Social Marketplace may be called “citizenship of the 8th Continent” and Participants may be identified in the Game as “citizens of the 8th Continent”.
- Upon completion of the registration process, Participants will provide their e-mail address ("identification variable"), choose a username ("Login"), a password ("Password"), a name for their digital company or companies, as well as an activity for their digital companies from the list of available activities; all together called: "Participant Account" that are uniquely associated with the participation. All of Participants access to 8th Continent Social Marketplace will be through that Participant Account, except as otherwise set forth in this Agreement.
- To participate to 8th Continent Social Marketplace Participants must provide current, complete and accurate information, including, without limitation to, information such as Participant name, birth date, gender, full address and e-mail address in each part of Participant’s Account application, as well as banking information in the case of direct withdrawal of funds to a bank account from 8th Continent Social Marketplace. Participants Personal Data will be protected by Operator according to Paragraph 11 of this Agreement. Participant agree to update any registration information provided whenever it is changed so that Operator's records are correct. Operator reserves the right to terminate Participant Account if Participant provides false or misleading information: Operator and its affiliates further reserve the right, at their sole discretion, to refuse approval of a Participant Account, to refuse access to a Participant Account, to terminate a Participant Account and to remove, edit or add content, without notice in case Participant has intentionally misled Operator or its Affiliates.
- In order to participate to the 8th Continent Social Marketplace Participants shall prior purchase tokens used on 8th Continent Social Marketplace. The token is named 8thContinentBit, having a Token Ticker ECB, and are for sale during Pre-ICO, ICO and pursuant period until total tokens of 888.888.888 are sold. 8th Continent Social Marketplace token will be introduced to digital currency exchanges for trading. The Token will be sold at 1 ETH = 800 ECB during the Initial Token Sale organised between April 18-28, 2018. Token price may vary once listed on cryptocurrency exchanges. ECB tokens are standard ERC20 digital tokens embedded on the Ethereum Blockchain, having an address: 0x391F2A512b3d30A9F213f770d8557991b10cf981
- Upon registration to 8th Continent Social Marketplace an initial transition period of 88 days shall be respected, as well as 88 transactions on the 8th Continent Social Marketplace's market shall be realised by the Participant before initiating a withdrawal of funds from 8th Continent Social Marketplace.
- It is strictly prohibited to allow another person to have access to a Participant Account. Participants are solely responsible for preserving the confidentiality of their Participant Account, Login, Password and/or two-ways authenticator codes when enabled, and for restricting access to the Participant Account and to their computer. Operator never asks for this information. Participants agree to accept personal liability for all actions that occur through their Participant Account or through the use of their Login and/or Password, whether done by them or by someone else using the Participant Account. Participants agree to hold Operator free from liability for any improper or illegal use of Participant Account. The terms of this Agreement shall extend to anyone else using Participants’ Participant Account. If Participants should happen to willfully or otherwise reveal their Password and/or Login, Participants have relinquished their right to any assistance regarding the possible outcomes or consequences based upon their actions. Participant Account may be terminated if Participant let someone else use it inappropriately. If Participant Account is terminated for any reason, Operator is under no obligation to provide Participant a license to use 8th Continent Social Marketplace in the future.
- The Participant acknowledges that he or she shall have only a limited, non-exclusive, license to access and make personal use of 8th Continent Social Marketplace. The Participant acknowledges and agrees that he or she will not use 8th Continent Social Marketplace for any illegal purpose according to any law, local, national or international. The Participant agrees that he or she will use the 8th Continent Social Marketplace carefully and will not use it in any way that might result in any loss of his or her or any Third Party's property, information or other legal right. Operator will not take any responsibility if this should occur.
- The Participant agrees not to translate, modify, copy, printout, disassemble, de-compile or otherwise tamper with the 8th Continent Social Marketplace system, code, or any firmware, circuit board or software provided therewith. The Participant also agrees not to hack into or interfere with any data communication to or from 8th Continent Social Marketplace servers, clients, and systems, as well as not to use any other software than the 8th Continent Social Marketplace Client to interpret or influence data sent to or from the 8th Continent Social Marketplace server and client systems. The Participant also agrees upon not using any Third Party software or equipment that influences the 8th Continent Social Marketplace in any way. Participant must not misuse the 8th Continent Social Marketplace by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (together “Viruses”). Participant must not attempt to gain unauthorised access to the 8th Continent Social Marketplace, the server on which the 8th Continent Social Marketplace is stored or any server, computer or database connected to this. Participant must not attack the 8th Continent Social Marketplace via a denial-of-service attack. By breaching these provisions, Participant may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing Participant identity to them. In the event of such a breach, Participant rights to use this 8th Continent Social Marketplace will cease immediately.
- Operator may terminate this Agreement upon notice to the Participant, and may be for one or more Participants. Operator reserves the right, pursuant to the conditions set forth in the Rules of Conduct in Paragraph 20, to terminate Participant Account and this Agreement without notice, at Operator's sole discretion, if Participant fail to comply with the terms of this Agreement. In the event that Participant Account is locked or terminated, no refund will be granted. Any delinquent or unresolved issues relating to former participation must be resolved before Operator will permit Participant to have a new Account.
- Participants acknowledge and agree that their Participant Account will be deemed inactive if it is not used for a period of one year, 365 days consecutive days. Upon purging inactive Participant Account, the Participant Account will be locked and all item(s) will be lost. Participants hereby explicitly consent that their inactive Participant Account is deemed to have abandoned by them and to assign Operator all rights in their inactive Participant Account according to the procedures established in this Paragraph 14. Participants hereby discharge Operator, any affiliate of Operator and their respective officers, directors and employees, from and against any and all claims, demands, liabilities, costs, and expenses to Participants arising out of, or relating to, any inactive or/and purged Participant Account. Upon verification of Participants identity, Operator may, at Operator's sole discretion, reactivate Participant Account. For further details please read the Terms of Sale Agreement. In addition, Participants are responsible for any charges incurred to Third-Party vendors or content providers prior to cancellation of their services. Operator reserves the right to reactivate a Participant Account, at Operator's sole discretion, upon fulfilment of required identity verification or other conditions.
- All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers and liability and remedy limitations. If any provision of this Agreement shall be void or unenforceable for any reason, this will not affect the validity and enforceability of any remaining provisions of this Agreement.
- Digital items will often have names similar or identical to corresponding physical categories such as “citizens”, “real estate”, “money account” and the names of specific digital items in those categories such as for example “Warehouse”, “Fork lift”, “SUV” etc. Despite the similar names, all digital items are part of the 8th Continent Social Marketplace and Operator retains all rights, title, and interest in all parts including, but not limited to digital products and services; these retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. Some of the digital products and services will be branded either on an exclusive, either on a non-exclusive basis by Third Party Brands. These branded digital products and services are for sale on 8th Continent Social Marketplace and at a later stage of the development of 8th Continent Social Marketplace these branded digital products and services will be available for sale as real products and services.
- The 8th Continent Social Marketplace is fitted with a developed and fine-tuned virtual economy that enables Participants to carry out transactions with other Participants, in which buyers and sellers exchange digital or real products and services. Participants acknowledge that any exchange carried out using any Non-Approved transaction procedure is at their own risk. Operator reserves the right to take any necessary measures for the purpose of preventing and acting against frauds and Non-Approved Transactions, including, but not limited to, making a reservation against a suspected Transaction, and terminating a directly or indirectly involved Participant Account, if Operator judges that the Transaction was not performed in compliance to this Agreement. Additional terms shall apply for all financial transaction involving digital or real currency. For further information see Terms of Sale Agreement.
- The Participant may purchase digital products and services in fiat currency and benefit from refunds of funds available on his/her 8th Continent Social Marketplace account. Operator may refuse a refund, if unable to verify or authenticate any information provided by Participants or if it is suspected that the refund may involve fraudulent activity. Operator acknowledges the responsibility to maintain records of all transactions. Operator's transaction records shall be conclusive proof of the transaction carried out to or from Participant accounts. 8th Continent Social Marketplace account deficits in any situation apart from those described herein are the responsibility of the Participant. Operator accepts no responsibility for funds misplaced or misused in any incidence, regardless of reason. All transactions into or from the 8th Continent Social Marketplace must be through Operator's Approved Transaction system. For further information please see the Terms of Sale Agreement and the accurate sections of the 8th Continent Social Marketplace's online Platform.
- The 8th Continent Social Marketplace is not providing any gambling opportunities to the Participants and cannot be considered as a gambling website prohibited in some countries. All transactions within the 8th Continent Social Marketplace are generated by the Participants and their respective companies and companies owned partly by Operator. The success of Participants’ digital business on 8th Continent Social Marketplace depends on their own skills and aptitude to manage their own digital companies.
- The 8th Continent Social Marketplace does not provide any financial service and will not offer any banking service to the Participants. Real money transactions to or from the 8th Continent Social Marketplace are considered purchases of products and/or services in an ordinary webshop.
- Operator provides the software platform for the operation of the 8th Continent Social Marketplace, a virtual Continent where Participants are free to choose the course of action they wish to pursue. Participants agree to not hold Operator and affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers liable for any claims and expenses, including attorneys fees, that arise from a breach of this Agreement or are made by other participants related to Participants use of 8th Continent Social Marketplace or the Internet, or in connection with your transmission of any content on the 8th Continent Social Marketplace.
- Operator shall, in no event, be liable to Participants for any damages, loss or expense including without limitation, direct, indirect, special or consequential damage, or economic loss arising from the use of the 8th Continent Social Marketplace. Operator's liability towards any participant shall, if acknowledged, in each incidence be limited to no more than the actual amount indicated on the 8th Continent Social Marketplace accounts by said Participant minus related fees that shall apply in case of an investigation, a legal expertise or any other professional service provided to clarify and resolve the issue.
- Participants acknowledge that Operator shall not be liable to Participants for the loss of any data or electronic files, including, but not limited to, Participant Account and digital items, for any reason whatsoever including, but not limited to, server failure, interruptions, Internet latency, viruses, defects, errors of Operator and/or its affiliates.
- Operator's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, floods, acts of God, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement.
- Operator reserves the right to interrupt the 8th Continent Social Marketplace with or without prior notice for a short, limited time in case the Participants data or their digital belongings and digital currencies are endangered by conditions beyond its control. You agree that Operator will not be liable for any interruption of the 8th Continent Social Marketplace, delay or failure to perform.
- Operator expressly disclaims all representation and warranties regarding products or services Participants obtain from Third Parties during their use of the 8th Continent Social Marketplace. Participants agree to look solely to Third Parties for any and all claims regarding such transactions with Third Parties.
- Participants may not link to 8th Continent Social Marketplace without our prior written permission. Participants may not scrape content from the 8th Continent Social Marketplace and repost such content, either manually or automatically, without our prior written consent. The 8th Continent Social Marketplace must not be framed on any other site without our prior written permission. We reserve the right to withdraw linking, scraping and framing permission without notice. If you wish to make any use of material on the 8th Continent Social Marketplace other than that set out above, please address your request to email@example.com. Where 8th Continent Social Marketplace links to other sites and resources provided by Third Parties, these links are provided for Participants information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Participants use of them.
- 8th Continent Social Marketplace allows communications submitted by Participants ("Participant Content") and the hosting of such Participant Contents. In connection with Participant Content, Participants agree that they will not: (a) submit materials that are copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Participants are the owner of such rights or have permission from their rightful owner(s) to submit the materials;(b) publish falsehoods or misrepresentations that could damage Operator or any third party; (c) submit material that is unlawful, libellous, defamatory, obscene, threatening, pornographic, hateful, harassing, racially or ethnically offensive, or encourages conduct considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or business solicitations not related to Participation as described above; (e) use company names that are registered in any country of the world, unless prior agreement is signed between Participant and the Operator for the purpose of advertisement; (f) copy materials submitted by other Participants; (g) tamper or interact with the hosting facilities provided by Operator in any way other than through the uploading and deleting functions provided through the 8th Continent Social Marketplace UI. Operator reserves the right to remove Participant Content without prior notice.
- Operator does not endorse any Participant content or any opinion, recommendation, or advice expressed therein, and Operator expressly disclaims any and all liability in connection with Participant content.
- Special clauses for the Rules of Conduct. All users of the 8th Continent Social Marketplace are real people interacting using their Participant Account. You shall at all time consider the feelings of other people in what you say and do. Participants are relating to a real person, not a computer character. Think before you speak and act or you may make mistakes that will prevent you from making friends and becoming part of the larger community. Treat others like you want to be treated. Show respect. Speak up for your opinions, but don't insult other people. Harassment, defamation, abuse, or threats against others through words, pictures or actions are not allowed and could result in Participant Account suspension or termination. As a participant in the 8th Continent Social Marketplace you must abide by the following rules. If you violate any of these rules, your possibility to participate in the 8th Continent Social Marketplace may be immediately terminated by Operator without any claims whatsoever.
1. You cannot interfere with any other Participant's ability to enjoy the 8th Continent Social Marketplace according to its rules.
2. You cannot create virtual universe avatars hosting an explicit, racist, hateful, degrading, religious, sexual or other form of offensive alias.
3. You cannot harass, threaten and cause grief or distress to another Participant in the 8th Continent Social Marketplace.
4. You cannot use sexually explicit or offensive language. You cannot post or communicate any defamatory content.
5. You cannot use hateful language towards another Participant's gender, race, sexual orientation, intelligence, or religion.
6. You are not allowed to create societies that are based on any sexist, racist, degrading or hateful philosophy directed towards real life persons, companies or organizations.
7. You cannot engage in or communicate about any illegal activities, including pirated material, narcotics or contraband.
8. You cannot impersonate any member of the Operator staff, or fellow Participants. You cannot impersonate being an Operator staff member, employee, or claim having association with Operator if you don't really are/have one. You cannot create any society that would indicate such links.
9. You cannot threaten, harass, cause grief or distress to any Operator staff in or outside the virtual continent, including, but not limited to, IRC channels or public web forums.
10. You are forbidden to 'spam' and/or 'flood' the communication system or abuse functions on the 8th Continent Social Marketplace to cause effects not intended.
11. You cannot use the 8th Continent Social Marketplace to commit any illegal action and/or infringe any local, national or international laws intentionally or unintentionally.
12. You cannot use the official 8th Continent Social Marketplace site and/or virtual environment to supply the means of access to illegal software or materials.
13. Gambling activities are expressly forbidden on the 8th Continent Social Marketplace.
14. You must report errors and bugs to Operator whenever you discover them. Neglecting to report errors or bugs, or using bugs, slow connection, Internet latency, or 'exploits' for own illegal benefits may result in a termination of your Participant Account, including its digital items, funds, and abilities.
15. You cannot spread any rumors about Owner, Operator, the 8th Continent Social Marketplace, and Operator Staff or Partners, that can be considered potentially damaging, using the 8th Continent Social Marketplace, IRC or any other public forums in any media now known or not currently known, including but not limited to a web space.
16. You cannot post or convey any 8th Continent Social Marketplace Participant's Personal Data and/or Participant Account information, including, but not limited to, login info, in, on or outside the 8th Continent Social Marketplace.
You are solely responsible for any information that you provide to Operator in the registration process, to Operator or to another Game Participant in any public message forum or in any other communication. You acknowledge that Operator operates as a passive conduit for your information and communications.
- Operator does not permit copyright infracting activities and infraction of intellectual property rights on 8th Continent Social Marketplace, and Operator will remove all Participant Content when properly notified that such Participant Content infracts on another's intellectual property rights. Operator also reserves the right to decide whether a Participant Content is appropriate and complies with this Agreement for violations other than copyright infraction and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, excessive length or any offensive behaviors described in Paragraph 35 of this Agreement. Operator may remove such Participant Content and/or terminate a Participant's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
- Operator represents and warrants that it has the requisite right and legal authority to grant the license and to provide access to the 8th Continent Social Marketplace. The 8th Continent Social Marketplace is provided to Participants "as is". The 8th Continent Social Marketplace is not warranted by operator to be error or bug free. Operator makes no other warranty, expressed or implied, with respect to the 8th Continent Social Marketplace. All warranties, whether expressed or implied, are hereby disclaimed, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
- Operator may, at any time, update, revise or change the internal data and balancing of the 8th Continent Social Marketplace, without any notice or responsibility for compensation due to loss or gain of value of digital products and services due to these changes.
- This Agreement is not assignable by Participants and shall be binding upon and inured to the benefit of the Parties and their respective administrators, successors and Assigns.
- Participants agree to indemnify Operator upon its request against any liability, claim and cost arising from breach of this Agreement or in connection with the use of Participant Account.
- This Agreement is to be governed by, construed and enforced according to the laws of the United Kingdom. You agree that any future dispute that might arise between you and Operator is to be governed by the laws of the United Kingdom and that any principles of conflicts of laws will not be applicable with regards to this Agreement.
- This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. By accepting this Agreement and becoming a Participant you agree that Operator may, at any time, update, revise or change this Agreement. If Operator makes material changes or revisions to this Agreement, Operator may provide notice to you, via the e-mail address you provided upon registration. Your continued participation in the 8th Continent Social Marketplace after notification of changes means that you have accepted the changes. If you do not want to accept the changes proposed by Operator or any of the terms in this Agreement, your only remedy is to withdraw your funds and to cease using the 8th Continent Social Marketplace.
© in 2017 All rights reserved to Seventh Continent Ltd.
Last revised on March 8 2018