TERMS OF SERVICE
ICO PARTICIPATION AND AIPBS USE AGREEMENT
All ICO terms, conditions, legal considerations as well as the Token Purchase Agreement are part of the official Whitepaper document available at this website for download and all users approval. The terms as outlined in the Whitepaper will always prevail over elements of PowerBrain.Shop®’s website.
1. TERMS OF THE AGREEMENT
- The use of the website and/or any services is subject exclusively to this Agreement. By registering to and using the website you accept any condition of this Agreement, its terms and all the policies and guidelines that are incorporated. If you do not agree with the Agreement and/or individual provisions of the Agreement, you cannot use the website and must immediately stop using the website and/or the services. We recommend that you store or a hard copy of the Agreement for your records.
- With registration at the web site this Agreement becomes valid
- PowerBrain.Shop® is entitled to change, amend, delete or add to this Agreement or any of the terms and conditions contained in any policies or rules governing the website and/or the services at any time and in its sole discretion without notice. Any such changes will be effective upon the posting of the revised Agreement or such policies and rules on the website and you are solely responsible for reviewing any such notice and the corresponding changes to the Agreement. Your continued use of the website and/or the services following any such revisions to the Agreement or such policies and rules will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the website and/or the services.
- PowerBrain.Shop® may at any time change or remove (temporarily or permanently) the website, services and their information from the website without indicating the reasons of such change or removal and you confirm that PowerBrain.Shop® shall not be liable to you for any such change or removal. Use of the website and/or the services is permitted only to parties older than 18 years and lawfully can enter into and form contracts under applicable law.
- AIPBS is none regulated virtual currency. If there are any regulations imposed regarding AIPBS and other virtual currencies, the terms and conditions of this Agreement and/or other conditions regarding use of AIPBS may be changed significantly by PowerBrain.Shop®
- AP to meet such regulatory requirements.
2. YOUR PowerBrain.Shop®/AIPBS ACCOUNT
- If you want to start using the website and/or the services, you must register at the website. After you agree to be bound by this Agreement and complete the registration form, PowerBrain.Shop® will establish an account for you and provide you with the unique login ID and password. PowerBrain.Shop® is entitled to refuse to register you without indicating the reasons.
- For the purpose of your identification you may be required to provide a copy of your passport or ID card, a copy of transfer with er’s signature, utility bill and other information required by PowerBrain.Shop®. Particular documents that have to be submitted will be specified in the notification to you. PowerBrain.Shop® can also request you to provide any documents required to perform either your background check or check of your provided information.
- PowerBrain.Shop® reserves the right to suspend the usage of the account until your identity is completely verified.
- You are solely responsible for maintaining the confidentiality of your Account information, including unique login ID and password, and for their use. It is your responsibility to guard your password. Sharing your password with a third party constitutes a breach of this Agreement. We recommend that you never share or disclose your Account information with anyone, create complex and secure password, change your password from time to time, always log out when finished using the Account. Any loss that occurs as a result of negligent security practices, whether it be on the part of you, or PowerBrain.Shop®s.shop, will not be the responsibility of PowerBrain.Shop®s.shop, its directors, associates or employees.
- You confirm that at the registration at the Website you have entered correct data about yourself and that afterwards, when changing or adding this data in the Account, you will enter only correct data. The User shall bear any losses that occur regarding to the submission of invalid/incorrect data. You unconditionally warrant that any information, data and/or content you provide: (i) will be correct, accurate and not misleading or otherwise deceptive; (ii) will not infringe the intellectual property rights of PowerBrain.Shop®s.shop or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous, and, (v) will not create liability for PowerBrain.Shop®s.shop.
- You shall not use the website and/or the services for any purpose that is unlawful or prohibited by this Agreement and legal requirements. Your registration at the website implies your confirmation and a guarantee that by using the services you will act honestly and in such way that it would meet the interests of both you and PowerBrain.Shop®. PowerBrain.Shop® has 3 a right to restrict your usage of the website and/or the services without prior notice if the you use the website and/or the services in unlawful or other unaccepted way.
8. AIPBS RIGHTS AND ATTRIBUTES
AIPBS is not money or investment securities and the ICO will not involve issuance of any fiat currency, securities (whether equity securities or otherwise), financial derivative instrument or other kind of investment certificate. AIPBS is not redeemable, associated with financial return or backed by any underlying asset or repurchase commitment and does not necessarily have market prices or transactions between peers. AIPBS does not stand for any sort of investment contract for all intents and purposes. You shall not participate in the ICO with a view to investment or speculation or in pursuit of any profit. Under this Agreement PowerBrain.Shop® does not provide, offer or exchange securities, investment contracts or any other form of financial instrument that may be considered by law to be a security.
- AIPBS are cryptographic tokens created for access of PowerBrain.Shop® products and services and benefits associated with it, i.e. discounts for PowerBrain.Shop® products and services, advance payment for PowerBrain.Shop® products and services, etc. However, there are no guarantees of their future use or value which can be zero.
- You cannot expect profit from AIPBS and shall have no expectations of profit from the future success of PowerBrain.Shop® business and/or the efforts of PowerBrain.Shop® or other persons. AIPBS value depends on your active involvement in using and promoting it.
- The ICO is not crowdfunding or initial public offer and you cannot participate in the ICO with a view to crowdfunding or initial public offer.
- AIPBS are not shares of PowerBrain.Shop®. AIPBS does not represent ownership interests or grant ownership, control and voting rights in PowerBrain.Shop®, as well as does not grant any rights to receive a share of PowerBrain.Shop® profit.
- AIPBS does not entitle you to any intellectual property rights in regard to PowerBrain.Shop® and its products and services.
- PowerBrain.Shop® may unilaterally in its own discretion and to the fullest extent possible make decisions on spending, investing and otherwise using the funds received during the ICO.
- PowerBrain.Shop® is not required to consult with you regarding any activities and/or decisions of PowerBrain.Shop® or coordinate it with you. You will not have any influence in the development or governance of PowerBrain.Shop®.
- AIPBS holders cannot request an audit of PowerBrain.Shop® and its business, and an investigation of PowerBrain.Shop® activities.
- AIPBS can be used for payments and other transactions associated with cryptocurrencies.
- PowerBrain.Shop® is not obliged to redeem AIPBS in any case.
9. PowerBrain.Shop® BUSINESS AND PRODUCTS
- PowerBrain.Shop® ICO funds are used for further development of the AI-IDE™, PowerBrain.Shop® and AI PowerBrains™ software and the business as outlined in the Whitepaper.
- PowerBrain.Shop® will offer app/online based 24/7 AI and general software services indicated in the website and the whitepaper.
- During the ICO and for the time period indicated in the whitepaper the website will not feature any products or services of PowerBrain.Shop® / and at this stage there will be no opportunity to use PowerBrain.Shop® products or services via the website. The website will only contain description of products and services of PowerBrain.Shop® and instructions regarding AIPBS purchase.
- PowerBrain.Shop® will put effort, but it is not obliged to implement goals, promises and ideas indicated in this Agreement, the whitepaper, the Website or elsewhere. However, neither PowerBrain.Shop®, nor its management, employees, advisors, partners, affiliates or any other persons associated with PowerBrain.Shop® shall not be held liable for not achieving goals, promises and ideas indicated in this Agreement, the whitepaper, the website or elsewhere.
10. PowerBrain.Shop® / PRODUCTS PROMOTION
- For the further success of PowerBrain.Shop® business and value of AIPBS we depend on any marketing efforts from all ICO participants, therefore, by participating in the ICO and using AIPBS you acknowledge it and agree to also promote PowerBrain.Shop® products based on sales commission or other benefits solely determined by PowerBrain.Shop®. We would be delighted if you promote PowerBrain.Shop® products and refer potential clients to, and act as promoter of services and products.
- Depending on PowerBrain.Shop®’s sole and unilateral decision you may be eligible to receive commissions and cash backs in AIPBS (loyalty) or other benefits in case of products and clients promotion. PowerBrain.Shop® has the right to suspend commission payments unilaterally and charge/set-off overdue payments from you if you breach terms and conditions of this Agreement, website, the whitepaper, etc.
11. NO REFUNDS
- We shall not perform any refund in regard to the ICO, AIPBS purchase and usage for any reason, including, but not limited to, loss of your AIPBS due to technical reasons, errors, malfunction of the wallet, transaction failures, etc. All AIPBS are sold as-is without any guarantee.
- You confirm that you have read and understand our no refunds policy, and you acknowledge that all purchases are final and non-refundable, and PowerBrain.Shop® is not required to provide a refund for any reason, and that you will not receive money or other compensation of a refund, and you consent to no right of withdrawal from the ICO.
- Anybody is solely responsible for any taxes that you may owe as a result of this Agreement, the ICO, AIPBS and usage of AIPBS, and are solely responsible to collect, report and remit any such taxes required under law applicable to you. You shall declare, bear and pay all such taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the receipt, holding, use, purchase, appreciation or trading of AIPBS (no matter whether acquired by participating in the ICO or otherwise acquired). You acknowledge and agree that PowerBrain.Shop® has no responsibility to collect, report or remit any applicable taxes in connection with this Agreement, the ICO, AIPBS and usage of AIPBS. You hereby agree to fully indemnify, defend and hold PowerBrain.Shop® (and its affiliated entities) harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of any tax in any way associated with this Agreement, the ICO, AIPBS and usage of AIPBS.
- PowerBrain.Shop® I provides no advice to the tax implication of any jurisdiction.
If you purchase, own, and use AIPBS, you expressly acknowledge and assume the risks stated below:
- You participation in PowerBrain.Shop® ICO will be seen as your accepted this agreement and thereby all the risks outlined in this Agreement, the Whitepaper, the Website or elsewhere. Before you decide to participate in the PowerBrain.Shop® ICO, you should:
- read and consider the information stated in this Agreement, the Whitepaper, the Website or elsewhere
- seek for legal advise as to the risks described below
- Cryptocurrencies have shown extreme fluctuations in value, even at short intervals. The value of the AIPBS can also be subject to these extreme fluctuations. You must always anticipate and accept that the AIPBS value is subject to similar fluctuations. Such fluctuations occur through market mechanisms and result from changes in supply and demand. PowerBrain.Shop® can not guarantee market liquidity for the AIPBS. The liquidity of AIPBS may differ significantly due to various regulatory requirements in the different jurisdictions. While some of cryptographic tokens or cryptocurrencies may have been relatively stable, it is possible that their values may drop significantly in the future, which may deprive PowerBrain.Shop® of sufficient resources to continue to operate.
- Some cryptocurrencies may have been relatively stable in the past. However, this does not mean that this development will continue to be the case. It is always possible that their values will fall significantly in the future. This could deprive PowerBrain.Shop® of resources, and could have the effect on AIPBS of not being able to continue working.
- If secondary trading of cryptocurrencies is facilitated by the exchange of third-party providers, such exchanges may be relatively new and often subject to little or no oversight by their respective regulators, making them more vulnerable to fraud or tampering. As far as third parties attribute an external exchange value to AIPBS (eg in a digital or fiat currency), this value can be extremely volatile.
- No one is required to repurchase or buy AIPBS from a user or owner. PowerBrain.Shop® has no control over the market price or liquidity of AIPBS and can not give any guarantee for it. The diffusion and trade of AIPBS in the markets depends on the consensus between the relevant market participants.
- You confirm and accept:
PowerBrain.Shop® and AIPBS are currently under development and could potentially change significantly before or during release, which could result in different expectations regarding the form and functionality of PowerBrain.Shop® and AIPBS, including, for example: a change in the design and implementation plans and implementation of the PowerBrain.Shop® implementation. It is also possible that the PowerBrain.Shop® project will never be fully completed or released.
Furthermore, it is possible that the interest to use the products and services of PowerBrain.Shop® or AIPBS is generally low and that the public interest in creating and developing its functionalities is limited. Such a lack of interest could affect the business development of PowerBrain.Shop®.
- There may be indications in this Agreement, the website, the whitepaper, or elsewhere, other than historical information, that contains forward-looking statements and information. By nature, forward-looking information includes assumptions, inherent risks and uncertainties, both general and specific that does not allow these forecasts, projections, forecasts, and other forward-looking statements to be seen as binding.
PowerBrain.Shop® and all individuals and organizations involved in the preparation of this information are always do the best of their knowledge and belief, but no representation or warranty can be made as to the accuracy or probability of the performance of any forward-looking statements. We also undertake no obligation to update these statements due to changing information and risks or events occurring.
All forward-looking statements attributable to PowerBrain.Shop® or persons acting on behalf of PowerBrain.Shop®, are in their entirety, expressly limited by warnings in this section.
We point out that you can not rely too much on forward-looking statements.
- You further agree that PowerBrain.Shop® and/or AIPBS will not be liable for any losses arising out of or related to your participation in the ICO, receipt of use or retention of AIPBS, or use of the Website. You will not hold PowerBrain.Shop® and/or AIPBS responsible for such losses.
14. Other Risks
- To control and dispose of one or more AIPBS stored in your digital wallet or vault requires a private and digital key or a combination thereof. The following factors (for example) may result in loss of your AIPBS or allow manipulation:
- Loss of or the private key(s)
- Access of third parties to your private key(s)
- lack of maintenance or use of your digital wallet or safe,
- failure to follow the procedures for buying and receiving coins and/or tokens
- specification of a non-AIPBS compatible address
- Any malfunction, failure or task of the Ethereum Protocol can have significant adverse effects on the PowerBrain.Shop® and AIPBS. Also the development of quantum computers and advances in cryptography may present risks to PowerBrain.Shop® and AIPBS if they make the consensus mechanism underlying the Ethereum Protocol ineffective.
- Hackers or other organizations might be able to attack the PowerBrain.Shop® or AIPBS in a number of ways, including mining attacks in the validation of AIPBS transactions. There is also a risk that due to the open source structure of the PowerBrain.Shop® platform, a member of the company or a third party may intentionally or unintentionally introduce vulnerabilities into the platform’s core infrastructure, which adversely affects PowerBrain.Shop® and AIPBS.
- AIPBS are not publicly or privately insured, nor are there any government regulations. Thus, there is no compensation for losses, even by a private insurer organized by PowerBrain.Shop®, unless you organize and commission such an insurer yourself.
- The regulatory status of cryptocurrencies and the associated technologies is still unclear or unclear in many countries and it cannot be said in which timeframe which regulatory measures are taken nationally or by higher-level institutions. In any case, such regulatory measures could adversely affect PowerBrain.Shop® and AIPBS in various ways.
If PowerBrain.Shop® and AIPBS’s operation is inadmissible in a jurisdiction due to existing or new statutory regulations or changes in law, or the issuance of necessary regulatory approval(s) in this jurisdiction is not economically viable, PowerBrain.Shop® may terminate the operation in such jurisdiction at any time, without being liable for resulting losses in any way.
- Since the tax treatment of AIPBS is uncertain, you must consult your own tax advice in connection with the purchase and use of AIPBS; This can lead to negative tax consequences for you.
- Cryptocurrencies are based on new, not adequate tested technologies. The risks listed in this Agreement may involve additional unknown risks or a combination of risks in connection with the purchase, possession and use of AIPBS at any time.
15 ANTI-MONEY LAUNDERING POLICY
- PowerBrain.Shop® has the right to set a KYC process (“know your customer”) and/or any other kind of due diligence for customer, from the very first beginning (starting at customer registration) and at any time (including after the close of the ICO). PowerBrain.Shop® KYC may require certain personal information about you, including but not limited to, your name, address, telephone number, email address, date of birth, personal code, passport, utility bills, proof regarding source of funds, and others. PowerBrain.Shop® KYC may also require certain information or ask you for certain actions in order to verify your identity or comply with applicable law. By submitting the asked personal information, you verify that this various information are accurate and authentic, and you agree to update it in case of changes. PowerBrain.Shop® is hereby authorized by you to directly make any inquiries which are considered by PowerBrain.Shop® as necessary in order to confirm and verify your identity and/or account information, and request and obtain any consumer report or similar information relating to you.
- If you violate this Agreement, any anti-money laundering, counter-terrorism financing or other regulatory requirements, by your purchase of AIPBS and PowerBrain.Shop® discover this, your purchase of AIPBS while the ICO shall be invalid, even past and already closed purchases. PowerBrain.Shop® will terminate this Agreement with you immediately, deny your further access to the ICO, reject delivery of any AIPBS and request return of any delivered AIPBS, irrespective of any payment that you could have made.
- Use of AIPBS is subject to international export controls and economic sanctions requirements. By acquiring AIPBS, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.
- If you are on any sanctions list, without limiting other regulations, you may not acquire AIPBS. If you intend to use AIPBS in association with any persons or entities that are listed on any sanctions list, you may not acquire AIPBS.
- PowerBrain.Shop® may freeze your tokens during and after the ICO if the KYC process is not confirmative.
16. PROHIBITED ACTIVITIES
- You are prohibited from breaking any law, statute, ordinance or regulation in our registered jurisdiction as well as in your country of residence.
- Hereby you confirm, that you will not use AIPBS to do or attempted to do any of the following:
- Participate in a transaction where the proceeds are from an illegal act;
- Defraud PowerBrain.Shop®;
- Provide false, inaccurate or misleading information;
- Infringement copyrights, patents, trademarks or intellectual property rights of PowerBrain.Shop® or third parties
- Actions that unduly or disproportionately burden the infrastructure of PowerBrain.Shop®, interfere with or intercept systems, data or information;
- Transmit or upload any material to PowerBrain.Shop® Server or Website that contains harmful or deleterious programs eg. viruses, Trojan horses, worms, malware or any other;
- Unauthorized access to computer systems or networks connected to the Website by password mining or otherwise obtained;
- If PowerBrain.Shop® determines in its sole discretion that your account and the use of AIPBS for prohibited and/or prohibited transactions and/or illegal activities are governed by applicable law, PowerBrain.Shop® reserves the right to suspend your account and use of AIPBS immediately and without notice. In order to comply with applicable laws, regulations or regulatory requirements, we will at any time monitor, verify, retain and/or disclose information.
17. LIABILITY AND INDEMNIFICATION
- Any actions performed by participating in the ICO, using the Website and AIPBS are in your responsibility.
- By participating in the ICO, you acknowledge that the purchase of AIPBS and the use of AIPBS pose a risk and you will not be held responsible for losses or profits incurred by PowerBrain.Shop®.
- By participating in the PowerBrain.Shop® – ICO or receiving, using, and holding AIPBS, and as a user of the Products and Services, you agree that PowerBrain.Shop® employees, managers, consultants, and other persons and organizations working for PowerBrain.Shop® cannot be held liable for any loss or lost profits nor for any kind of consequential loss resulting from your participation in the ICO. AIPBS can and will not be responsible for Injury, direct or indirect damages, claims, special, incidental, consequential, exemplary or other damages, punitive damages of any kind incurred as a direct or indirect consequence of your participation in the ICO, use of the Website or any of our services.
- AIPBS’s are provided without any warranties, express or implied. You assume all responsibility and risks with respect to your participation in the ICO and the purchase of any amount of AIPBS and their use also for the use of the website and other services.
- All services are provided to you “as is” and “as available” without any warranty. PowerBrain.Shop® and/or AIPBS expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. PowerBrain.Shop® and/or AIPBS does not guarantee continuous, uninterrupted, error-free or secure access to any part of the ICO, the Website or our services.
- In the event that PowerBrain.Shop®, its employees, licensors, successors or accredited agents initiate legal action for your actions, you agree to cover any damages, including legal costs, incurred by PowerBrain.Shop® and/or AIPBS.
- You expressly agree that it is your duty to comply with all applicable laws regarding your participation in the ICO, your use of the Website, the use and purchase of AIPBS and PowerBrain.Shop®, and PowerBrain.Shop® and/or AIPBS any liability for illegal or unauthorized use of the website and use and purchase of AIPBS will reject. In any case, the total amount of the total commitment of PowerBrain.Shop® and/or AIPBS under this agreement may not exceed EUR 1 (one). If applicable law does not allow the above limitation of liability to apply in whole or in part to you, the limitations apply to you only to the extent permitted by law.
- The services of PowerBrain.Shop® and its contents and are not intended as legal, financial, tax, accounting or investment advice but are for informational purposes only PowerBrain.Shop® assumes no liability for information provided by our employees, directors and/or Be made available to partners, regardless of their accuracy. Any action you take is your decision, and you exempt PowerBrain.Shop® from any liability for potential consequences.
- The website, the white paper and other documents contain forward-looking statements. Forward-looking statements involve known and unknown risks, uncertainties and other factors unknown at the time the statement is made, which could cause the actual results, performance or achievements of PowerBrain.Shop® to differ materially or notably from the results, achievements or achievements presented that are expressed or implied in the forward-looking statements. You must not rely on such forward-looking statements and information. By its nature, forward-looking information includes many assumptions, inherent risks and uncertainties, both general and specific, that do not cause forecasts, projections or other forward-looking statements to be made. By participating in the ICO, receiving and holding AIPBS, or using the Site, you acknowledge and agree that you fully understand and accept the risks in this “Risks” clause.
- You further agree that PowerBrain.Shop® and/or AIPBS will not be liable for any losses arising out of or related to your participation in the ICO, receipt of use or retention of AIPBS, or use of the Website. You will not hold PowerBrain.Shop® and/or AIPBS responsible for such losses.
18. FORCE MAJEURE
PowerBrain.Shop® shall not be liable in any way for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to,
- any delay or failure due to any act of God,
- act of civil or military authorities,
- act of terrorism, civil disturbance,
- war, strike or other labor dispute,
- fire, interruption in telecommunications of Internet services or network provider services,
- failure of equipment and/or software,
- other catastrophe or any other occurrence which is beyond our reasonable control and
shall not affect the validity of enforceability of any remaining provisions.
19. DISCLAIMERS AND WAIVERS
- The website and the ICO are to be accepted “as is”, including faults or errors and without any limitation, any guarantee or warranty, including but not limited to, the implied warranty of accuracy, quality, completeness, merchantability, suitability for a special purpose or non-infringement. PowerBrain.Shop® makes no representation or warranties as to the completeness or accuracy of the information provided in the whitepaper and the website. In addition, liability from the use of the website and the whitepaper for participation in the ICO and to use AIPBS is not granted by PowerBrain.Shop®.
- The website and the whitepaper do not pretend to include all the information you may need. In any case, you should do your own research and analysis of PowerBrain.Shop® and its business and its operations as well as the data provided in the whitepaper and on the website.
- PowerBrain.Shop® makes no representations or warranties as to the completeness or accuracy of such information, so you must rely on your own investigation of all financial information contained in the whitepaper and the website. The whitepaper and the website are for your general information only and are not intended to be a recommendation for participating in the ICO and/or using AIPBS.
- With respect to the underlying value of AIPBS, PowerBrain.Shop® cannot provide a representation.
20. ID SECURITY FOR WALET AND ACCOUNT
- The security and confidentiality of your account ID and password is your own responsibility. You accept responsibility for all activities that happen under your account or password. In case of violation or threat to the security of your password or login, PowerBrain.Shop® must be notified immediately. Furthermore, it is your responsibility to ensure reasonable security and control over any private keys, identification numbers, or any other codes that you use to access the website and/or use AIPBS.
- You agree not to hold PowerBrain.Shop® liable for any loss if you do not properly protect your account information, password, private key, e-mail address and other identification numbers from your confidence in participating in the ICO and using AIPBS.
- PowerBrain.Shop® does not guarantee the privacy or confidentiality of any information or communication from the website or any page linked to the website and will not be liable for the confidentiality or security of information, registration, identification information, email address, storage space, communications, proprietary or confidential data, or any other content transmitted over networks accessed or otherwise linked with your use of the website.
- PowerBrain.Shop® cannot be held responsible for any damage or interruption that may be caused by computer viruses, Trojan horses, worms, spy- and scareware, or other malware that may harm your computer or other device, or any phishing, spoofing or other attacks.
- You will need to provide your personal information that is required for registering the account or any other form exclusively designated by PowerBrain.Shop® in order to be able to participate in the ICO. Your provided personal data will be used for your identification as the AIPBS holder and for execution of this agreement. PowerBrain.Shop® gives the commitment for the protection of your personal data. It will only be disclosed in the event of execution of this agreement or as necessitated by the agreement or applicable law. You are explicitly authorizing PowerBrain.Shop® to use, process, store and transmit the information to third parties if required to execute this agreement.
- Personal data refers to all information about an individual who can be identified by this information; or from this information and other information to which we have or are likely to have access, including information in our records that may be updated from time to time, and any other information relating to any individuals whom you have provided to us over time during your interaction with PowerBrain.Shop®.
- You acknowledge that you have provided correct information about yourself in any required form and that you subsequently enter correct information when modifying or adding data to the website. You shall bear any losses and damage that arise in connection with the transmission of invalid or incorrect data. After obtaining your consent in the registration form PowerBrain.Shop® may use your personal information for direct marketing purposes and you may revoke this consent at any time.
22. INTELLECTUAL PROPERTY
- PowerBrain.Shop® provides copyright protection for the URLs that make up the PowerBrain.Shop® website, for all associated logos of our services described on all PowerBrain.Shop® websites and are trademarks of PowerBrain.Shop®. This includes copyrights for all page headers, ICOns, designs, custom graphics, button ICOns, scripts, source codes and other content provided by PowerBrain.Shop®. It is not allowed to copy, modify, imitate, alter, amend or use them without our prior written approval. All content contained on the website, the whitepaper and all information comprised on it are the exclusive property of PowerBrain.Shop®. Downloading, reproducing or forwarding information except for non-commercial individual use is prohibited.
- PowerBrain.Shop® keeps all intellectual property rights contained in the information, words, graphics such as logos and images, audio clips, trademarks, trade names and trade registrations, patents, data compilations, scripts, software, computer codes, designs, technology, sound or any other materials or works found on the website. You may download and print these materials for personal and non-commercial use form the site, provided you do not violate this agreement. You may not in any way or by any means copy, transfer, distribute, reverse compile, adapt, modify, reproduce, republish, display, transmit, link, broadcast or store any part of the website in any information retrieval system without the prior PowerBrain.Shop® written authorization.
23. USE OF THE WEBSITE
- The PowerBrain.Shop® website provide contents on an “as is” and “as available” basis without any warranties and are provided for your general information only. There is no express, implied or statutory warranty of any kind made in connection with the information and content of the website, the tools in the website or the website in general. You agree not to copy any information from the website without our permission, except for information for your personal non-commercial use.
- Links to third party websites and services may be found on the pages of the website, which are made available for your convenience. But, PowerBrain.Shop® does not guarantee their safety and compliance and is not responsible for the maintenance of materials referenced from any other website and makes no warranty for this web site or service in this regard. Links to third parties with their content, products and services do not imply endorsement by PowerBrain.Shop®. You assume sole responsibility for and assume all risks arising from the use of such third party content.
- The information on the web page may not always be complete, accurate or current and may be changed or updated, with or without notice. The goal is to offer you complete and accurate information about our policies, products and services. PowerBrain.Shop® makes no warranty as to the accuracy and correctness, adequacy, completeness, reliability, timeliness, non-infringement, merchantability or fitness for any purpose of the information on the website or any website linked to it; also not for faultlessness, correction of defects and virus or other harmful content. PowerBrain.Shop® strictly disclaims any liability for them and any errors or omissions. PowerBrain.Shop® does not assume any responsibility for the translation of the website at any time, in countries or geographical locations. In that sense, you must carefully review all information before making any decisions based on the information provided on the web page. We cannot be held responsible for such decisions as they are your sole responsibility.
- PowerBrain.Shop® reserves the right, at its sole discretion and without notice, to modify, change or remove content on the website. You are deemed to have accepted and agree to such changes after their posting on the website, when you access or use the website. PowerBrain.Shop® also reserves the right to block or restrict access to the website or any portion of it, or to terminate or discontinue its use. PowerBrain.Shop® accepts no liability for any losses that may result from such measures. Furthermore, PowerBrain.Shop® reserves the right to disable links that it believes contin information, images and illustrations or other material that is inappropriate, defamatory, obscene, indecent or unlawful, or infringed laws or other public, private, intellectual interests, property or other proprietary rights, or has not been authorized by us.
24. REPRESENTATIONS AND WARRANTIES
- You certify not to be a criminal or to have committed any criminal activity. Further, you confirm that any funds for the ICO and acquisition of AIPBS are not derived from any criminal activities or offenses. By participating in the ICO and purchasing AIPBS, you represent and warrant that the source of your funds is in no way derived from illegal or unethical sources, that you are not using proceeds from any criminal or illegal activity, and that AIPBS transactions are not used to facilitate any criminal or illegal activities.
- You hereby confirm that all monies for your participation in the ICO are either in your possession or you have the right to engage in transactions in such funds. You warrant having such knowledge and experience in financial and business matters to evaluate the merits and risks of cryptocurrencies, and AIPBS in particular, and to be in a position to bear the economic risk of a total loss of such purchase.
25. JURISDICTION, APPLICABLE LAW AND DISPUTE RESOLUTION
- PowerBrain.Shop® reserves the right, at its sole discretion, to change the jurisdiction of PowerBrain.Shop® and this agreement at any time, and to use all its parent companies, subsidiaries and other affiliates to implement this agreement, the products and services of PowerBrain.Shop®, and other activities related to the ICO and the operations of PowerBrain.Shop®.
- The law of Switzerland shall apply to the interpretation, validity and enforcement of this agreement and to any action in connection with it.
- Disputes arising from the agreement between the user and PowerBrain.Shop® are governed by negotiation between the user and PowerBrain.Shop®. In the event of non-performance of an agreement within fourteen days, any disputes, disagreements or claims arising out of or relating to this agreement, its violation, dissolution or validity, which are not resolved by the user and PowerBrain.Shop®, shall be settled in the arbitration court of Zurich, Switzerland. Hereby, both the user and PowerBrain.Shop® submit to the exclusive jurisdiction of the courts in Switzerland. In the event of a breach of law in his home country or nationality by using AIPBS or any service provided by PowerBrain.Shop®, the user shall be liable for any damage to PowerBrain.Shop® and agrees to forfeit any assets within his PowerBrain.Shop® and/or AIPBS account, at the discretion of PowerBrain.Shop®, AIPBS or its employees.
- The jurisdiction of the United States of America with all its territories is expressly excluded from the ICO and this agreement.
26. TERMINATION (LIMITATION) OF THE AGREEMENT
- The term of this agreement will be effective for the period of successful registration of the account until the time as this agreement terminates for any reason whatsoever. A closure of the account will result in the termination of the agreement.
- At any time and for any reason at its sole discretion, PowerBrain.Shop® may terminate this agreement, terminate your access to the ICO and/or the website and to your account and suspend all outstanding transactions and/or funds and/or AIPBS at any time without notice. PowerBrain.Shop® assumes no liability or obligation upon termination of this agreement. In the event of termination of this agreement for any reason, no amount will be refunded by PowerBrain.Shop®.
- You acknowledge that you have read this agreement and understood its terms & conditions and consequences.
- In case that any term, provision, covenant or restriction of this agreement by a court of competent jurisdiction is declared to be invalid, unlawful, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth in this agreement shall remain in full force and effect and will in no way be affected, impaired or invalidated. In order to find and use alternative opportunities, the contracting parties are requested to use their economically viable means and efforts to achieve the same or substantially the same result as provided for such term, condition, covenant or limitation. It is hereby agreed and stated that the parties will, with the best intentions, implement the remaining terms, conditions, covenants and limitations without the inclusion any of the following, which are hereby declared as invalid, illegal, void or unenforceable.
- This is a personal agreement with you, which may not be assigned or delegated to anyone else. Any attempt by you to assign, transfer or delegate this agreement and the rights and/or obligations set forth in this agreement shall be nullified. PowerBrain.Shop® may freely assign this agreement and/or delegate its duties without consent or notice.
- This agreement, as well as the whitepaper and any terms and conditions posted on the website from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof. Nothing in the agreement shall be deemed a waiver unless such waiver is in written form and signed by the party benefiting from the enforcement of this provision. However, waiving any provision of the agreement shall not be deemed a waiver of any subsequent breach of such provision or waiver of any similar provision. In addition, a waiver of any breach or failure to enforce any term or condition of the agreement shall in no way affect, limit or waive the rights of any party to thereafter enforce strict compliance with all terms and conditions of this agreement.
- You agree not to make any negative, damaging or adverse statements regarding PowerBrain.Shop®, AIPBS, any subsidiaries or affiliates, their business operations, products or product histories, or their respective former or current officers, management, agents, distributors or consultants, which may have a negative effect on the reputations of PowerBrain.Shop®, AIPBS, any subsidiaries or affiliates, or respective former or present management, advisors, distributors, agents or consultants of PowerBrain.Shop® or its subsidiaries or affiliates or its business or business aspirations.
- This agreement shall not be construed in a manner that would create a joint venture, partnership or any other similar relationship between you and PowerBrain.Shop®.
- If you fail to comply with the agreement, act fraudulently or illegally or make unauthorized transmission and use of personal information, PowerBrain.Shop® reserves the right to revoke this agreement at any time.
- The English language version applies if translated copies of the agreement, the whitepaper and the terms and conditions published on the website from time to time, may conflict with each other.