JuratBTC Terms and Conditions
JuratBTC Terms and Conditions
Last Updated: January 8, 2024
JuratBTC LLC is a Texas limited liability company wholly owned by Jurat LLC, an Illinois limited liability company (collectively the “Company,” “we”, “us”, or “our”).
The JTC Network is a blockchain (“JTC Network”) forked from the Bitcoin (BTC) blockchain, as of block height 717808. Digital assets that existed on the Bitcoin blockchain as of the fork are mirrored on the JTC Network ledger. These JTC Network Digital Assets (as defined below) are offered to owners of the mirrored Bitcoin digital assets subject to these Terms and Conditions (as defined below) and the functionality of JTC Network. Digital Assets created on the JTC Network after block 717808 or which are transferred on the blockchain after that block are also subject to these Terms and Conditions. The JTC Network is operated by node operators who participate in the network. JTC Network is distinct from the Company and its subsidiaries and affiliates.
These JuratBTC Terms and Conditions, which including the NFT Addendum, (collectively the “Terms,” “Terms of Use” or “Agreement”) contain the terms and conditions that govern your access to and use of the Site and Services (both as defined below) and is an agreement among you, us, and other users and participants on JTC Network including without limitation node operators and Digital Asset owners. Please read these Terms carefully before using the Site or Services.
Persons who avail themselves of JTC Network, the Services, the Wallet, the Site or any of the Digital Assets are subject to and are deemed to have accepted these Terms. Acceptance occurs no later than the earliest of the following actions: clicking a button or checkbox to accept or agree to these Terms where that option is made available; completing a registration for Services; using, accessing or engaging in other conduct to avail yourself of the JTC Network, the Services, the Wallet, the Site or software authored, licensed or provided by JuratBTC LLC or Jurat LLC; or by using, owning, acquiring, receiving transfer of, or asserting an interest in a Digital Asset. By any such or similar conduct you (i) accept and agree to these Terms and any additional terms, rules and conditions of participation issued by us from time to time and (ii) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy (“Privacy Policy”) and website terms of use.
If you do not agree to the Terms, then you may not access nor claim an interest in Digital Assets nor use JTC Network, the Wallet, the Site, or the Services or any other materials or data provided by us. These Terms and the Privacy Policy are in addition to any other agreement you may enter into regarding JuratBTC, Jurat LLC or any Jurat affiliated company, including without limitation Zabbo LLC, Arbit3 Dispute Resolution services LLC, or W3AL LLC. Without limiting the foregoing, in order to mine JTC, operate a node on the JTC Network, claim JTC via an airdrop or Zealy campaign, or access or use the JTC Network, the Wallet, the Site, Accounts, Digital Assets, or any Service provided by us, you must agree to be bound by these Terms and Privacy Policy.
The Jurat Wallet, the JTC Network, the JTC node and mining software, the Site and the Services are provided as is. Please see the disclaimers and risk warnings below. Additionally, we do not warrant the accuracy, completeness, or usefulness of information, content or data. Any reliance you place on such information, content or data is strictly at your own risk. We disclaim all liability or responsibility arising from reliance by you, by any other visitor to our Site or user of our Services, or by anyone who may be informed of any of the information, content or data. Any information you provide or that is collected by us through the Services (“User Content”) shall be handled in accordance with the Privacy Policy, which is hereby incorporated by reference. Except as provided herein and the Privacy Policy, we obtain no rights under this Agreement from you (or your licensors) to your User Content. You consent to our use of your User Content to provide the Services to you.
Subject to the terms of this Agreement, the Company grants you a limited, revocable, non- exclusive, non-sublicensable, non-transferable, non-assignable license to access and use the Services and the data, material, content or information herein (collectively, the “Content”) solely in accordance with this Agreement. Your right to access and use the Services shall be limited to non-commercial purposes and solely for your personal use, unless you are otherwise expressly authorized in writing by the Company to use the Services for commercial purposes. You agree to use the Services only for lawful purposes, to comply with all rules governing any transactions on and through the Services and to comply with applicable laws. Except as provided in this preamble, you obtain no rights under this Agreement from us, our affiliates or our licensors, including any related intellectual property rights.
We may facilitate your use of court systems, however, no action by or any communication from us, the Services, JTC Network or our Sites should be construed as legal advice or legal services. We are not your attorneys.
1. Definitions
“Account(s)” means any address or public key (XPub/public key) on JTC Network.
“Digital Asset(s)” means the JTC Network coin (“JTC”) as well as (i) any other coins, tokens, non-fungible tokens (including without limitation ordinals or any other unique digital token), fungible tokens, or other instruments of value recorded on the JTC Network ledger; (ii) any data stored on the JTC Network ledger or other Service provided by us; and (iii) any smart contract running on the JTC Network or on any other Service provided by us.
“Company” means JuratBTC LLC, Jurat LLC, and any of their affiliates. The Company sometimes may use the trade names Jurat, Jurat Blockchains and Jurat Network. The Company is not affiliated with and does not endorse a coin/project called “Jurat Project” on the Binance Smart Chain.
“Content(s)” means software, data, text, communications with you or your agent, audio, video, images or documentation as well as any copies or partial copies thereof, no matter how created or by whom supplied, distributed or publicized.
“Judicial Witness” means the computer, servers, and/or virtual machine nodes that retrieve entries from the court docket, including but not limited to, any Person(s) that operate(s) the node(s). Judicial Witnesses may sometimes also be referred to as “Jurat Nodes” or the “W3AL” nodes.
“Jurat” means the Jurat court connection and, where applicable, JTC Network, JuratBTC LLC and/or its affiliates or licensors, including Jurat LLC, and their affiliates or subsidiaries of such as W3AL LLC and Arbit3 Dispute Resolution Services LLC.
“Jurat ID” means a hash string, or syntax, or both, which encodes a specific state change or transaction on JTC Network. For example, a state change would be that the JTC balance in account A is reduced by 5 JTC while the balance in account B is increased by 5 JTC. A state change can also include freezing or unfreezing JTC. Jurat IDs must be generated through the Jurat UI.
“JTC Network” means the JTC Network blockchain.
“JTC” means the native coin of JTC Network.
“Losses” means any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees).
“Miner(s)” and “Node(s)” mean the computers, servers, and/or virtual machines, participating in the JTC Network and any Person(s) that operate(s) the nodes, including without limitation by mining, transmitting, authenticating, or acting as a Judicial Witness.
“Mining” means participating in the operation of JTC Network using a Node.
“Notice List” means the web-based location for posting notice of disputes, cases and/or judicial actions regarding Digital Assets: Jurat.io/Notifications. The Notice List may also be used for providing Users with notice of other relevant information about Jurat, JTC Network and any other topics covered by this Agreement such as notices of updates to this Agreement.
“Person(s)” means any individual, sole proprietorship, partnership, joint venture, trust, unincorporated organization, association, limited liability company, corporation, institution, entity, or party.
“Service(s)” means (i) JTC Network; (ii) any smart contract running on JTC Network; (iii) any court connection service furnished by or with Jurat, Nodes, or Judicial Witnesses; (iv) the Jurat Wallet; (v) the Site; and (vi) any other features, tools, materials, or services offered from time to time by the Company.
“Software” means all software created, furnished, or published by the Company or its licensor(s), and includes without limitation the Jurat Wallet, JTC Network mining software, and software on the Site, regardless of how you may come to possess the Software.
“Site” means the following domains and all their subdomains: JuratBTC.com, Jurat.io, Jurat.Network, Arbit3.com, W3AL.com, any JTC Network or JTC Ordinal explorer site operated by us or our affiliates, and any other sites to which these sites refer a User.
“User” means (i) any Person who owns or asserts an interest in Digital Assets; (ii) any Person who uses JTC Network, the Wallet, the Site or other Services; (iii) any Person who files an action regarding a Digital Asset; (iv) any Person who mints a Digital Asset; (v) the agents and officers of any User; and (vi) any Person claiming an interest in a Digital Asset directly or indirectly through a User.
“Wallet” or “Jurat Wallet” refers to the Jurat wallet app or software and all related services, such as data transmission, receipt or storage, messaging, minting, viewing, or recording provided through the wallet.”
2. The JTC Network Ledger
The JTC Network functions by Nodes working together to maintain a shared ledger of transactions and data. These Nodes may be located in diverse states and countries.
Notwithstanding the foregoing, all Users and Node operators agree that the JTC Network ledger (and all copies thereof), Accounts and Digital Assets are reified (located for legal purposes) in Harris County, Texas. This means that the courts of Harris County have jurisdiction and venue over the JTC Network ledger, including but not limited to, all Accounts on the JTC Network and all Digital Assets on the JTC Network ledger as well as the transactions on the JTC Network.
3. Unique functions of the JTC Network
JTC Network provides Users increased functionality over other blockchains. JTC Network operates similarly to the Bitcoin blockchain, except that JTC Network can execute transactions without a private key if those transactions comply with the orders of state and federal courts. Note that JTC and BTC are separate coins on separate blockchains. Transactions on JTC Network do not affect transactions or digital assets on the Bitcoin blockchain or vice versa.
When you send a transaction to JTC Network that is not signed by a private key you must include information identifying a court order or judgment which you believe requires the transaction: court, case number, and docket entry. Nodes will then check the court’s order or judgment for a Jurat ID corresponding to your transaction request. If the identified order or judgment contains a corresponding ID then the nodes will process the transaction. Inclusion of the Jurat ID is necessary to this core function of JTC. You consent to courts’ inclusion of the Jurat ID in any court order or judgment concerning Digital Assets.
The Jurat ID compliance feature makes possible new features not available with Bitcoin. You should familiarize yourself with all of the features of JTC, the Jurat Wallet, the Sites, and the JTC Network. Information about their features and functions are available on the Site, in the Jurat whitepapers, and elsewhere. Several of the core features you should be familiar with are the following:
A. Freezing/unfreezing Digital Assets
Digital Assets on the JTC Network may be frozen for a period of time (a set number of blocks). The purpose of a freeze is to allow a court time to decide a dispute, including appeals, or to enjoin the use of the Asset.
Users with a dispute regarding a Digital Asset can freeze any such Digital Asset prior to filing a case for approximately 21 days (as measured in blocks and assuming 10 minutes per block) provided that the Digital Asset is traceable to the User’s account on the JTC Network ledger. To initiate the freeze, a User must also post a bond to protect the other party from unwarranted interference.
Users will need to establish prior ownership of the Digital Asset by connecting the wallet that previously controlled the Digital Asset to a UI, signing with the wallet, or by sending a transaction message to Jurat from such wallet.
Courts use their own procedures to decide if a Digital Asset should be frozen and, if so, for how long. If a court does not enter an order within the 21 days to continue the freeze, the automatic freeze will expire (although the lawsuit may continue).
Regulatory agencies and law enforcement agencies (“law enforcement”) can freeze a Digital Asset prior to filing by connecting a government-controlled wallet registered with Jurat or by sending Jurat a transaction message from such wallet. Court orders (such as a warrant) must contain the Jurat ID and must be docketed in a manner accessible to the public on the electronic docket of a Jurat-supported court.
To register a law enforcement wallet or for questions, please contact us at [email protected].
Private and law enforcement Users are responsible for taking all steps necessary to implement a court order to freeze an asset, including, without limitation using the UI and entering the transaction into the mempool using the required wallet together with sufficient network fees.
The freeze will not become effective until the transaction is accepted and entered into a new block of the ledger. In general, the higher the network fee offered to the miners the faster a transaction will be placed into a block. There is no guaranty that the freeze action will be successful. Similar to a transaction on BTC, a JTC Network transaction requires a miner to write such transaction into a block and the block to achieve sufficient network confirmation. A miner might not receive or pick up the transaction before the Digital Asset to be frozen is transferred from the target address, or a block may not obtain a sufficient number of confirmations before that time. If the Digital Asset is transferred and the freeze becomes effective, it will be necessary for you to get a court order freezing that Asset in the new wallet.
Frozen Digital Assets stay in the wallet where they are located until the freeze expires and cannot be spent while frozen.
B. Transferring Digital Assets
Under normal circumstances, Users transfer their Digital Assets by entering a transaction on JTC Network and signing it with their private key, similar to a Bitcoin transaction.
However, the JTC Network will also process transactions that conform with the court order of a supported court. These transactions will be executed based on the inclusion of the Jurat ID in the court order and without the need for the private key signature of the account which then holds the Digital Assets.
The Jurat ID will not be effective to transfer the Digital Asset back to the User’s wallet until the User has filed a lawsuit in a supported court, registered that lawsuit with Jurat, obtained a final judgment containing the Jurat ID, requested a docket check, and entered a transaction in the mempool using the same wallet. The transfer will be delayed to allow time for court reconsideration or appeal.
Government officials may obtain a Jurat ID transferring a Digital Asset to a wallet outside the chain of prior transactions for that Asset. To do so, it is necessary connect a registered, government-controlled wallet to the UI or send a transaction message to Jurat from that wallet.
Upon entry of the Jurat ID in a final court order, the government must follow the same procedure as for a private transaction, using the registered, government-controlled wallet. The transfer will be delayed to allow time for court reconsideration or appeal.
C. Judicial transaction timing
Under normal circumstances, JTC Network transactions execute similarly to BTC transactions. They must be accepted into a block that becomes part of the longest chain. Transfers ordered by a court, however, follow a different timeline.
Freeze transactions are executed as quickly as possible but expire after a specified number of blocks. Judicial transfers are delayed so that litigants can pursue appeals. If a party files an appeal, a motion suspending finality of a judgment, or a bond staying enforcement, that party must also obtain an order staying the transaction and including a Jurat ID.
4. Notifications in the Jurat ecosystem
The Site contains a Notice List (www.jurat.io/notifications) of all Accounts that become subject of a judicial action along with pertinent information such as the court or arbitration service where the action was filed and the case number. The Notice List will be updated each time a User opens a new case and registers it with the UI.
The Notice List is the official form of notice for all Digital Assets and Accounts on the JTC Network. By using JTC Network or owning digital assets, you consent to receive service of process and notice of court filings via the Notice List.
You agree to keep yourself of apprised of updates to the Notice List. It is recommended that you check the Notice List no less frequently than every 14 days.
Additionally, JTC Network may (but need not) provide notice to Users via other methods. These include (1) posting notices on the Jurat LLC Twitter (@juratnetwork) and Discord channels (Jurat Network), (2) sending a message transaction to the effected Account, (3) sending notice through a messaging feature of the Wallet if such feature is added, and (4) sending notice to the User’s email address if the User has provided this information to the Company. These additional postings and messages are for convenience only and do not replace, or alter the adequacy of, the Notice List nor the Users’ obligation to remain apprised of it.
Notice, summons, service, and any other form of process are effective as soon as they are published to the Notice List.
Courts may order additional or substituted notice or service.
5. Developing Product and Beta Test Warning
JTC Network, Jurat Wallet, and services built on either of them are still under development and in a beta test stage. Accordingly, the foregoing features and others described herein and on the Site may not be available yet, may not function as represented or may be changed. We are endeavoring to provide these as quickly as possible. Use of them is at your own risk.
6. The Company does not give legal advice
The Company may from time-to-time post information or answer technical questions about the method for enforcement of legal remedies using the Service. However, nothing stated by the Company at any time is intended as legal advice nor to form any attorney-client relationship or other relationship to you. You have no attorney client relationship with the Company or any of its affiliates. You should consider consulting with an attorney lawyer regarding your case and your use of JTC Network, just as you would retain a lawyer to help you in court with any case.
7. Supported courts
JTC Network supports the United States federal courts as well as certain state courts. The interface services are provided by Jurat LLC pursuant to the terms it may require. You can check with Jurat LLC to see if a court is supported. From time-to-time, Jurat LLC may add support for additional court systems. Jurat LLC has sole discretion to determine which court systems it will support, to limit support to those courts that it has determined to have a sufficient public electronic docket system, and/or to those that it finds provide guaranties of due process of par with the Fifth and Fourteenth Amendments to the United States Constitution.
If an unsupported court enters an order regarding Digital Assets, then the User may need to bring an action in a second court whose docket is supported to enforce the order of the first court. A lawyer can advise you on the procedures to enforce orders of another court.
8. Court orders in multiple jurisdictions
In the event of conflicting or related court orders, JTC Network does not decide which court orders to execute. Thus, if multiple supported courts enter orders regarding the same Digital Assets, JTC Network will execute each order as it is docketed by that supported court. If a Digital Asset was moved based on a prior court order, then a subsequent order regarding the Digital Asset may not be executable or may alter the prior judicial transaction. You should consult an attorney to understand court procedures in such cases.
9. Jurisdiction over Digital Assets and in rem proceedings
JTC Network does not control the cases that you or others may choose to bring regarding any Digital Asset. JTC Network also does not take sides in any litigation, provide any legal advice, or decide on the validity or correctness of court orders. Rather, JTC Network attempts to implement transactions ordered by a court.
Generally speaking, there are two ways that a court can exercise jurisdiction over Digital Assets: (i) jurisdiction over any Person that owns the Digital Assets and (ii) jurisdiction over the Digital Assets themselves, called “in rem” (or “quasi-in rem”) jurisdiction. Actions brought in rem may name the Digital Asset itself or an Account that controls the Asset on the blockchain as the defending party rather than or in addition to naming an individual or corporation. Such actions may be useful when a User does not know the identity of an account holder but still asserts an interest in the Digital Assets controlled by that Account.
Usually, a plaintiff may not sue a Digital Asset as a substitute for the owner for any conduct unrelated to use or possession of the Digital Asset, although the rules followed by the court are what governs. Neither JTC Network nor the Company gives legal advice, so you should consider consulting with an attorney of your choosing.
These Terms specify, and all Users agree, that the state court in Harris County, Texas, or the United States District Court for the Southern District of Texas, Houston Division, shall have in rem jurisdiction over the Accounts and Digital Assets on JTC Network and, further, that venue is proper in those courts. Additionally, the Terms are sufficient for those courts to exercise control over Digital Assets and include Jurat Request IDs in their orders, judgments and other docket entries. These Terms are not intended to preclude other courts from also exercising in rem jurisdiction or exercising jurisdiction over the person according to their own rules.
10. Governing Law
For any dispute, claim or controversy arising out of or in connection with any Digital Asset or arising out of the use of JTC Network, except for claims against the Company and enforcement actions pursuant to Section 11, YOU AGREE THAT ALL TRANSACTIONS ON JTC Network SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF TEXAS AND BE SUBJECT TO THE SUBSTANTIVE INTERNAL LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
Any dispute, claim or controversy against the Company relating in any way to this Agreement, JTC Network, the Wallet, Digital Assets, the Site, the Services, the Privacy Policy, or your use of the Services will be resolved by binding arbitration as provided in this Section 15, rather than in court. This Agreement and any dispute or claim against the Company or the JTC Network (including non-contractual disputes or claims), including arbitrability shall be governed by and construed in accordance with the laws of the State of Illinois.
11. Consent to notice and service via the Notice List
You consent to receive notification and service of any court action or arbitration proceeding regarding Digital Assets via the Notice List and you further understand that you may not revoke this consent.
Courts or arbitrators may impose additional or different notice or service requirements. For example, if a litigant knows the identity of a wallet owner a court may require additional notice to be served personally or via mail, email, or additional publication. This is a question for each court and arbitrator.
12. Forks, modifications, methods
You agree not to distribute copies of our Software without express written permission from the Company. You agree not to modify any portion of the Software that was authored by Jurat LLC or JuratBTC LLC . Without limiting the forgoing you may not interfere with the ability to access courts, enforce court orders, provide the features set out in these Terms and Conditions, or alters the split of the coinbase and transaction fees between Nodes and JuratBTC LLC.
You agree not to and not to attempt to circumvent the Company by using JuratBTC’s or Jurat LLC’s methods for interfacing with courts or government agencies other than through services provided by the Company or otherwise copying them, nor will you create or use a fork of JTC Network or attempt to use methods or other materials created or licensed by Jurat LLC or JuratBTC LLC for any purpose.
13. Privacy Policy
Please refer to our Privacy Policy, incorporated by reference, for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with, our Privacy Policy.
14. Changes
A. To these Terms
We reserve the right, at our sole discretion, to modify or replace any part of these Terms at any time. If we do so, we will let you know in one or more of the following ways: posting on the Notice List, on one or more of the Company’s social media channels, by providing you a notice through the Wallet, by providing you emailed notice, or through other methods of communication which we deem reasonable. Any modification of the Terms will be effective at the time such modified Terms are posted on the Notice List. It is important that you review the Terms whenever we modify them because you are agreeing to be bound by the modified Terms once they are posted. If you do not agree to be bound by the modified Terms, then you may not use the Services, mine, nor claim an interest in any Digital Asset or Account.
B. To the Services
We may change or discontinue any or all of the Services or change or remove functionality of any or all of the Services at any time. We will notify you of any material change to or discontinuation of the Services by providing notice on the Site, through the Notice List, the Wallet, or through other methods of communication which we deem reasonable. Your continued use of or access to the Services or continued ownership of Digital Assets following the posting of any changes to the Services or the Terms constitutes acceptance of those changes.
15. Restricted parties and transactions; prohibited conduct; duties when claiming JTC; enforcement
A. Restricted parties and transactions
Certain persons are prohibited to use the Site, the Service, the Wallets and/or any Digital Asset (“Restricted Parties”). Restricted persons include persons who are under 18 or who do not have the legal capacity to enter into these Terms in the jurisdiction where they are located. Restricted Parties also include any individual, company, or organization listed on a restricted persons list by the U.S. Departments of State, Commerce, the Treasury, or other federal agencies, or who otherwise appears on any of the following government lists or who is in any way prohibited by federal law to receive export-controlled items, information, or technology.
For the benefit of the Company and all participants in the JTC Network, you may not use Digital Assets, the Services, the Site, or any JTC Network associated product. Further, when using any such item, you certify that you are not a Restricted Party nor the agent of a Restricted Party.
For the benefit of the Company and all participants in the JTC Network, you further agree to comply with all applicable export control and trade sanctions laws of the United States, of the jurisdiction where you are located and of every jurisdiction where your actions will be felt. Without limiting the foregoing, you may not download the Software nor use the Digital Assets or other Services if (i) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Russia, Sudan, or Syria or any other country subject to United States embargo and/or UN Security Council Resolutions (“UNSCR”) prohibiting such use; (ii) you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Bureau of Industry and Security Unverified List; or (iii) you intend to supply any Services to Cuba, Iran, North Korea, Sudan, Syria, Russia or any other country subject to United States embargo, or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List.
For any Account that is identified by the United States Treasury Department Office of Foreign Assets Control (OFAC) or other U.S. government agency as in or under the control of a Restricted Party (including without limitation the SDN list), you understand and further agree for the benefit of the Company and each participant in the JTC Network, that an enforcement action may be brought for, and will include the entry by consent of, an immediate restraining order, preliminary injunction, and final judgment for declaratory and/or injunctive relief freezing the associated Account(s) and any Digital Assets associated as well as voiding all associated private keys, without prior notice. You acknowledge that JTC Network, its Users, Miners and the Company, would suffer irreparable harm should you violate any trade restriction or sanction regarding your Account. You agree to entry of such orders in advance of notice on the Notice List or otherwise.
You further consent to entry of the orders and judgments, without security, solely upon proof that the restricted Account address is listed as sanctioned on the official website or publication of a U.S. government agency that possesses legal authority to sanction the address.
You consent to jurisdiction and venue for an enforcement action in the venue where you may be found, where the person or entity bringing the enforcement action is located, where any JTC Network miner may be located, in Cook County, Illinois and/or in Harris County, Texas.
B. Prohibited Conduct
For the benefit of the Company and all participants in the JTC Network, you agree not to use the Service in violation of or to otherwise engage in any of the following conduct:
(i) Violate, misappropriate, or infringe the rights of the Company or its licensors, or customers, or users of JTC Network, its miners, Node operators or others, including privacy, publicity, intellectual property, contract, property or other proprietary rights;
(ii) Infringe or violate the copyright, trademark or other property or contractual rights of another;
(iii) Engage in illegal, defamatory, threatening, intimidating, or harassing conduct;
(iv) Impersonate someone;
(v) Provide false, inaccurate or misleading information;
(vi) Send or receive potentially fraudulent or stolen funds;
(vii) Without permission of the Company, bridge a Digital Asset onto another blockchain, or offer such service for the use of another;
(viii) Breach any duty toward or rights of any person or entity, including rights of publicity, privacy, or trademark, fiduciary duties, or other rights created herein for the benefit of Digital Asset holders or to use JTC Network to violate such rights of any third party;
(ix) Use JTC Network or any Services in a manner that violates your obligations to another Digital Asset holder or third parties generally;
(x) Send illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
(xi) Engage in any attack on the network or Sites or engage in misconduct intended to or likely to impair the functionality of Digital Assets or devalue or reduce the price of Digital Assets;
(xii) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any security measure implemented by Us or any of our service providers or any other third party (including another user);
(xiii) Attempt to double spend or to re-mine blocks that have received more than one network confirmation;
(xiv) Attempt to operate through agreement, affiliation, partnership, conspiracy, or otherwise, Miners amounting to more than 40% of the hash rate of the network;
(xv) Disguise your location through IP proxying (i.e. using a VPN) or other methods;
(xvi) Interfere with, or attempt to interfere with, any user, miner, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, trojan horses, malware, ransomware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information services.
(xvii) Violate any applicable law or regulation; and
(xviii) Encourage or assist any other individual to do any of the foregoing.
You consent to jurisdiction and venue for an enforcement action in the venue where you may be found, where the person or entity bringing the enforcement action is located, where any JTC Network miner may be located, in Cook County, Illinois, in Harris County, Texas, and/or Wilmington, Delaware.
C. Special restrictions on BTC “Whales” claiming JTC
All BTC Accounts (XPub/public key) as of block 7171808 received JTC 1:1 as a result of the JTC Network fork from the BTC Network (the “mirrored JTC”). Mirrored JTC can be claimed using the BTC account’s private key on the JTC Network.
Persons claiming mirrored JTC from an account in the top 1% of all BTC holders and those acting on their behalf (“BTC Whale” or “Whale”) make certain promises and certifications. Any Account with greater than 100 BTC is presumptively a BTC Whale. Similarly, any person or group of persons who held Accounts of less than 100 BTC at the time of the fork but who’s Accounts are acting under common ownership, common control, common plan, or other form of coordination are presumptively all Whales.
If you are a BTC Whale, you certify that you do not have a conflict of interest which could adversely impact JTC Network or other holders of the JTC coin and you further promise not to use mirrored JTC to injure JTC Network.
Without limiting the generality of the foregoing, you agree:
(i) Not to engage in or assist another to engage in wash trading, spoofed trading, market manipulation, fraud, or dumping JTC (defined as selling or otherwise disposing of possession to more than 100 mirrored JTC within 24 hours or 144 blocks, whichever is greater);
(ii) To disclose all material information nonpublic about your use of mirrored JTC to the JTC Network community by posting to @JuratNetwork on Twitter, posting to the Jurat Network Discord page, or, where applicable, the Notice List.
In accepting these duties, you are aware that the JTC Network ledger could have been forked from the BTC ledger at the genesis block, but, instead was forked from the BTC ledger at Block 717808, thereby giving JTC free of charge to holders of BTC. This was done to encourage adoption and use of JTC by BTC holders, not to make JTC susceptible to attack or manipulations by BTC holders. You agree that you will only use JTC in accordance with its intended use.
D. Enforcement
Each User is entitled to seek enforcement of their own rights in Digital Assets. In addition, the Users may bring the following actions and any others allowed by law.
(i) Each User is a party to these Terms and will have standing to enforce the Terms and to prevent the misuse of JTC Network and/or any Digital Assets for a criminal, fraudulent or illegal purpose or in any other way that could injure JTC, JTC Network or the Users.
(ii) Where a miner reasonably believes (a) that the blockchain is maintaining the shared ledger in a manner that violates the law, that fails to conform to OFAC or other U.S. sanction requirements, and/or that breaches any other obligation jointly shared, or (b) that a JTC account owner is violating these Terms, the miner may bring an action in its own name or that of the JTC Network for injunctive and/or declaratory relief. In addition, the plaintiff may also bring an action to recover damages to the JTC Network’s goodwill and/or to the collective value of JTC which shall be liquidated as follows: (1) $10,000 for losses caused by actual or threatened misuse of the blockchain amounting to a tort or non-criminal violation of law; (2) $50,000 for damages caused by actual or threatened criminal misuse of the blockchain publishable as a misdemeanor under applicable law; (3) $100,000 for damages caused by actual or threatened criminal misuse of the blockchain publishable as a felony under applicable law; (4) $250,000 for damages caused by actual or threatened violation of any other provision of law that risks subjecting JTC Network, its miners, or its other Users to civil or criminal liability under applicable law, including without limitation a sanctions violation. The Plaintiff may also recover punitive damages as may be allowed by law.
(iii) Actions by the Company. The Company, at its discretion, has standing commensurate with that granted in paragraphs (i) and (ii) and to bring any other action to enforce any provision of these Terms, to seek injunctive relief to prevent an actual or threatened breach of the Terms or any provision of law, and to seek damages to the company or to the Jurat ecosystem or its participants. For example, the Company may bring actions to freeze Accounts, Wallets and Digital Assets which may be subject to a U.S. Department of Treasury blacklist.
(iv) Any person (including any member of the public) who is aware of a violation of Subsection C, above, may bring suit against the violator to recover such damages as are allowed by law, including without limitation, lost profits. For a violation of the duty not to engage in trading violations (paragraph C.i.) you agree that damages may be difficult to ascertain and therefore will be liquidated in the amount of 1 BTC for each JTC (or subunit thereof) you sold or disposed of in violation of C.i. You, the Company, and all users of JTC Network agree that the first person to file such suit against (and only that person) is assigned the right by the Company and all holders of JTC to bring suit against you.
In the event of a suit brought on behalf of JTC Network, its miners, or its Users, the plaintiff will be entitled to retain one-third (⅓) of any recovery (or such other amount as the court may deem appropriate) together with costs and attorneys fees. The remaining recovery will be distributed to the Company and the accounts holding JTC in proportion to their respective losses.
You consent to personal jurisdiction and venue for any action under this subsection in any of the following locations: where you may be found, where a JTC Network miner may be found, where the person or entity bringing the enforcement action may be found, in Harris County, Texas, Wilmington, Delaware, or Cook County, Illinois.
16. Passwords, Private Keys, Wallets and Accounts
You are responsible for maintaining the confidentiality and security of your password(s), private key(s), and recovery phrase(s) used with the Wallet and/or any Account. You are responsible for all activities that occur under your Account(s). The Company is not responsible for any loss that you may incur because of any unauthorized person using your Account, private key, recovery phrase or password.
17. Failure to function; Force Majeure
In its sole discretion, the Company may terminate or suspend your access to the Services for breach of these Terms. In addition, unscheduled maintenance and circumstances outside of the Company’s control, including but not limited to network failures, cessation of mining by Miners, or court interface failures (collectively “Downtime”), may temporarily or permanently terminate or restrict your access to the Services or Digital Assets. You agree and understand that the Company is not liable or responsible to you for any inconvenience or damage to you as a result of any Downtime. Following any Downtime, when Services resume, you understand that market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.
You agree and understand that in no event shall the Company, its affiliates, nor its licensors be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond the Company, its affiliates, or its licensors’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software), Internet or network provider services.
18. Company’s Intellectual Property and Contract Rights
You agree that the Software, the Services and their entire Contents, features, methods and functionality (including but not limited to all information, data, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and/or its licensor(s) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws as well as contract law.
You shall not use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Except as expressly authorized, you shall not or shall not attempt to (a) modify, distribute, alter, tamper with, repair, or delete any copyright, trademark, or other proprietary rights notices from the Software, Services or the Content; (b) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Software, Services or the Content; (c) reverse engineer, disassemble, or decompile the Software, or Services or apply any other process or procedure to derive the source code of any Software; (d) access or use the Services or Software in a way intended to avoid incurring fees, (e) use scraping techniques to mine or otherwise scrape data; or (f) resell or sublicense the Services, Content or Software.
The Agreement permits you to use the Site and Services for your personal, non-commercial use only. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement or otherwise authorized in writing by the Company.
The Company name, the terms JTC, Jurat and JTC Network, JTC Ordinals, Crypto Safely, Wrap Your Bits, #ForkEmAll and the associated logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
If you print, copy, modify, download, or otherwise use or provide any other Person with access to any part of the Site, Software, Content or other Service in breach of the Terms, your right to use any of the same may stop immediately and you must, at our option, return or destroy any copies of the Software or Content that you have made. No right, title, or interest in or to the Services or Software, nor to any Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site, Software or other Service not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, patent and other laws.
19. Disputes between you and the Company
The following section applies to claims between you and the Company other than those set out in Sections 15, 18 and 22.
A. Informal Dispute Resolution
You must give the Company notice of and an opportunity to resolve any dispute, claim, or controversy against the Company arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Site, the Wallet, Software, JTC Network, or any of the Services, (“Disputes”).
Accordingly, you may not start a proceeding for at least sixty (60) days after notifying us pursuant to this paragraph. As part of this informal resolution process, you must deliver a written notice of any Dispute via first-class mail to us at:
JuratBTC LLC, 311 N. Aberdeen St., 3rd Floor, Chicago, IL 60607
as well as by email to [email protected] and [email protected].
B. Mandatory Arbitration of Disputes and Class Action Waiver
You agree that any dispute you have against the Company will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. You agree that (a) these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the State of Illinois; (b) the U.S. Federal Arbitration Act governs the interpretation and enforcement of this paragraph; and (c) you are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. The Class Action waiver is separate from and will survive any waiver or invalidation of the arbitration provision.
The jurisdiction of the arbitrator shall include any Disputes against the Company, as well as any other dispute, claim or controversy arising out of or relating to the Company’s performance or non-performance of this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope, enforceability, or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, IL before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
C. Exceptions
The Company is bound to participate in an arbitration initiated by you, but, in all circumstances, the Company retains the right to enforce in court any of its rights including, without limitation the infringement or misappropriation of our intellectual property rights and any additional or other matter for which we have standing.
D. Arbitration Costs
Payment of all filing, administration and arbitrator fees in a claim against us will be governed by JAMS Rules for consumers. However, this does not apply to lost private key claims. Such claims are proceedings in rem against the Digital Asset and to which we may not be made a party.
If we prevail in arbitration, we will pay all of our attorneys’ fees and costs and will not seek to recover them from you. To the furthest extent permitted by law, you waive entitlement to an award of attorneys’ fees and expenses even as provided under applicable statutes, if any, and even if you are a prevailing party.
F. Injunctive and Declaratory Relief
Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
G. Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if a Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
H. California residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES, THE SITE, THE WALLET, SOFTWARE, DIGITAL ASSETS OR ACCOUNTS, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICES, THE SITE, THE WALLET, THE SOFTWARE AND DIGITAL ASSETS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, the MINERS AND JTC NETWORK SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON- INFRINGEMENT. THE COMPANY, THE MINER AND JTC NETWORK DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS OR CONTENTS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
ADDITIONALLY, YOU MAY BE UNABLE TO OBTAIN JURISDICTION TO USE THE SERVICES, SITE OR JTC NETWORK OR A COURT OR ARBITRATOR MAY REFUSE OR BE UNABLE TO TAKE THE NEEDED STEPS. THE FORGOING DISCLAIMERS APPLY EQUALLY TO THESE MATTERS.
TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PASSWORDS AND PRIVATE ACCESS KEY VIA SECONDARY MEANS, SECURELY STORED.
21. Additional risks you should be aware of
In addition to other risks in using JTC Network, the Wallet, or the Company’s other products or Services, please note the following non-exhaustive list of risks:
(i) JTC Network, the Wallet, the Site, and the Services are currently in a beta test stage. They have not been thoroughly audited or tested. They may not function as expected or as represented due to the state of development. Likewise, all features expected or represented may not be available.
(ii) If you use the Wallet to claim JTC with a BTC private key there is a risk that your BTC private key or seed phrase could be compromised. You should move your BTC to a new wallet with a new private key and a new seed phrase before claiming JTC.
(iii) The price and liquidity of Digital Assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future. The Digital Assets may lose all value;
(iv) Miners have discretion about whether to participate in the network. Some or all of the Miners may cease to operate the JTC Network, making the Digital Assets less useful, less valuable, useless and/or worthless;
(v) Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets or prohibited them outright;
(vi) In your jurisdiction, the Company may not be regulated as a financial institution or otherwise or maybe regulated in ways that prohibit your use;
(vii) Digital Assets are not subject to deposit insurance protection, including, but not limited to, FDIC insurance or Securities Investor Protection Corporation protections;
(viii) Digital Assets are not legal tender and are not backed by any government;
(ix) Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
(x) Submitting a transaction to the JTC Network or the website UI does not guarantee it will be accepted or executed. User’s Digital Asset transactions shall be deemed to be made when recorded on the JTC Network Ledger, which is not necessarily the date or time that you initiated the transaction;
(xi) A fork may form after a transaction is submitted and/or after a transaction has been accepted into a block, such that the transaction will not become part of the longest chain (or chain with the longest proof of work) and thus rendered ineffective;
(xii) A prefiling freeze attempt or a judicially-ordered transaction may fail for the same reasons as a User-initiated transaction. Moreover, it may not execute in time to prevent the movement of Digital Assets subject of the order, preventing execution of that order and/or requiring the User to seek a new court order addressed to the then current location of the assets;
(xiii) The nature of Digital Assets may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by the Company may prevent the access to or use of your Digital Assets;
(xiv) A court may refuse to follow the Jurat protocols, may refuse to include in its orders or judgments the Jurat IDs needed for the system to function, may change its electronic docketing system in ways that interfere with the functions of JTC Network, and may refuse to exercise jurisdiction over the Digital Assets, other Users, JTC Network ledger or JTC Network transactions;
(xv) Digital Assets may be subject to conflicting laws and regulations with which you must comply;
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of the Digital Assets and of these risks for yourself, and that the Company does not give advice or recommendations regarding Digital Assets, including the suitability and appropriateness of, and investment strategies for, Digital Assets. You agree and understand that you access and use of JTC Network, Services, Sites, Software and any other provided services are at your own risk; however, this brief statement does not disclose all of the risks associated with Digital Assets and using JTC Network. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources. You should be aware that you may sustain a total loss of the Digital Assets in your Account, and that under certain market conditions, you may find it difficult or impossible to liquidate a position.
OUR SERVICES AND THE DIGITAL ASSETS RELY ON EMERGING TECHNOLOGIES WHICH ARE STILL BEING DEVELOPED AND ARE SUBJECT TO INCREASED RISK. BY USING JTC NETWORK, THE SITE, SOFTWARE, SERVICES AND OTHER PRODUCTS YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS.
22. Injunctive Relief
You agree that in the event of any act conduct which the Company reasonably believes infringes its, contract rights, property rights, copyrights, it patented or patent pending intellectual property, or any other of its rights or that of its licensor(s) (the “Conduct”), We may obtain damages and an injunction against your continued engaging in the Conduct and that the state and federal courts physically situated in Chicago, Illinois will have jurisdiction. Further, you agree that, upon our filing of any such action, you will escrow any money, Digital Assets, coins or other forms of value you may generate as a result of the Conduct, as it is generated, in an account or wallet controlled by the court or by a court-appointed receiver. You understand that if you fail to escrow the funds immediately following the initiation of an action by the Company, then We may pursue all available remedies including obtaining a court order effectuating the escrow.
23. Indemnity
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any claim concerning: (i) breach of these Terms or violation of applicable law by you; and (ii) a dispute between you and any of your customers or users. You will reimburse us for reasonable attorneys’ fees and expenses, associated with claims described in (i) and (ii) above.
You will defend us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives against any third-party claim alleging that you infringed or misappropriates that third party’s intellectual property rights, and will pay the amount of any adverse final judgment or settlement. We will have no obligations or liability under this Section 19(B) arising from infringement by your combinations of the Services with any other product, service, software, data, content or method.
In no event will you agree to any settlement of any claim that involves any commitment without the written consent of the Company.
24. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE COMPANY AND JTC NETWORK (INCLUDING BUT NOT LIMITED TO THEIR AGENTS, OFFICERS, AFFILIATES, SUBSIDIARIES, LICENSORS, MINERS, JUDICIAL WITNESSES AND NODE OPERATORS), SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SITE, SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR DATA OR DIGITAL ASSETS, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO OR THROUGH THE JTC NETWORK, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF ANY DIGITAL ASSET. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF JURATBTC, LLC, TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF THE TRANSACTIONS FEES YOU PAID IN CONNECTION WITH THE TRANSACTION THAT RESULTED IN INJURY OR ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
25. No Waiver
Our failure to act with respect to a breach of any of your obligations under these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
26. Assignments
You may not assign this agreement, nor your rights or responsibilities hereunder. We have the right to assign this agreement to any successor company.
NFTs/Ordinals ADDENDUM
This addendum forms a part of the foregoing Terms as if fully set for therein.
1. Digital asset issuance
If you mint an ordinal, fungible token (such as BRC-20) or other form of non-fungible token (collectively “NFT”) you understand and agree that you are creating a Digital Asset which may subject to laws such as securities, sanctions, money transmitter, commodities, and other laws. Compliance with these laws is your responsibility and not that of the Company. Further, if you issue the Digital Asset to another you agree that you are the sole issuer. The Company is not an issuer of your Digital Asset.
2. You own or have obtained authority to upload content and transfer rights
You may not use the Site, Service or JTC Network to upload content that violates the rights of another person or any law. You certify that you own or have obtained the legal right and the necessary ownership or contractual rights to upload and display the content including without limitation all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein and under the license agreements you use when minting a Digital Asset and for any content that you create, submit, post, promote, or display on or through the Site, Service or JTC Network.
Without limiting the foregoing, you certify that you possess the copyrights and other property or contractual rights underpinning your Digital Asset and are able to convey same to recipients of your NFT. You are solely responsible for the content and metadata associated with NFTs and digital items you create. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the Company the rights set out in the Addendum.
You understand that the Company has the right to disable the browsing of and/or remove any content that infringes or violates any law or the rights of another.
3. Prohibited content
You are solely responsible for your use of the Site, Service or JTC Network and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above. By using any of the same and/or creating a Digital Asset, you certify that the content you upload is not illegal in any jurisdiction nor restricted from publication as, for example, by classification by the United States Government. You understand that the Company has the right to disable the browsing of and/or remove any content that infringes or violates any law or the rights of another and will report all information of which we are aware to the authorities.
You may not upload content that directly attacks another person or group of people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease.
You may not upload pornographic content.
4. Public display
You understand that content you upload will be viewable by the public through explorers operated by the Company and otherwise. You grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you upload, submit or post on or through the Service, Site or JTC Network for all purposes including our current and future business purposes, such as to provide, promote, and improve the Site, Services, or JTC Network. This includes any digital file, art, or other material linked to or associated with any NFTs you create or possess.
5. Claims of Infringement
To the extent that JTC Network is capable of removing or redacting content, you can bring an action in court to cause the blockchain to do so. The Company may provide assistance to you to take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will take efforts to terminate a user’s access to the Service if the user is determined to be a repeat infringer. The Company may also attempt to disable the browsing or viewing of such content on websites that it controls.
If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, you may submit written notice to our designated copyright agent at:
Loevy & Loevy
Attn: Mike Kanovitz
311 N. Aberdeen St.
Third Floor
Chicago, IL 60640
Email: [email protected]
Phone: (312) 243-5900
To process your infringement claim, you must be the rightsholder or someone formally authorized to act on behalf of the rightsholder. Accordingly, your notice to us must include:
● Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
● Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
● Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
● A declaration that contains all of the following:
(i) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
(ii) A statement that the information in the notice is accurate; and
(iii) A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
● Your physical or electronic signature (of your full legal name).
Please note that we will post your notice of intellectual property infringement, including your contact information on the Notice List, so that the party who will have their content removed so they understand any action we take and can also contact you to resolve any dispute.
6. License Agreements Provided by Us; Additional Disclosures and Limitations of Liability
In addition to minting services, the Company may provide form license agreements and royalty information/agreement for use by persons when minting NFTs. The form licenses agreements, royalty information/agreement, addenda and any other legal forms and information incorporated therein are the “Form Licenses” (or “License”)
You understand and agree to the following when minting an NFT, using a Form License to mint an NFT, or when claiming an interest in an NFT minted using Jurat services or a Form License.
THE COMPANY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THE FORM LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
THE FORM LICENSES ARE INTENDED TO BE HELPFUL AND INFORMATIVE, BUT THEY ARE NOT A SUBSTITUTE FOR LEGAL ADVICE FROM A LICENSED ATTORNEY. WHILE WE STRIVE TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, CORRECTNESS OR AVAILABILITY WITH RESPECT TO THE FORM LICENSES, INFORMATION, PRODUCTS, SERVICES WE PROVIDE.
ANY RELIANCE YOU PLACE ON SUCH LICENSES OR INFORMATION IS STRICTLY AT YOUR OWN RISK. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE OR THE LEGAL FORMS WE PROVIDE.
FURTHERMORE, WE DO NOT GUARANTEE THAT THE LICENSES WE PROVIDE WILL MEET YOUR SPECIFIC LEGAL NEEDS. THE FORMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE LICENSES WE PROVIDE OR THE NFT.
WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A LICENSED ATTORNEY BEFORE USING ANY LEGAL FORM PROVIDED ON THIS WEBSITE.
PER THE ABOVE LIMITATIONS OF LIABILITY CLAUSES OF THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE LICENSES OR SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $100.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
7. Custom license agreements
When you mint an NFT using a custom license you agree that the Addendum for Custom License Agreements will be incorporated separately into the NFT and will form a part of the license agreement you use. You further agree that the Addendum for Custom License Agreement is incorporated in this paragraph as if fully set forth herein.
You (including your attorney) should be familiar with the functionality of JTC Network and the Jurat court connectivity features. These generally provide on-chain enforcement for movement of a Digital Asset on the blockchain. Your attorney may wish to accommodate for this method of enforcement in structuring your license agreements and remedies. For example, your attorney may consider placing royalty obligations on purchasers rather than sellers so that any remedies can be enforced against an NFT in the purchaser’s possession. Similarly, your attorney may wish to review the Rules of Arbit3 Dispute Resolution Services as these are also designed to work in conjunction with Jurat on-chain remedies and Jurat-supported courts.
8. Use of Arbit3
If Arbit3 Dispute Resolution Services LLC has been named for resolving disputes under the Form License or custom license agreement for an NFT, you agree that the arbitrator may escrow the NFT in an account Arbit3 controls. The sole purpose is to aid the arbitrator’s ability to decide the dispute and provide effective relief. You agree to the escrowing of the NFT for this purpose. YOU ALSO RELEASE AND FOREVER DISCHARGE ARBIT3, ITS AFFILIATES (INCLUDING JURAT LLC) AND ITS AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH THE ARBITRATOR’S PERFORMANCE OF ITS DUTIES IN RESOLVING THE DISPUTE OR PROVIDING REMEDIES. SUCH CLAIMS INCLUDE WITHOUT LIMITATION ANY DUTIES THAT ARBITRATOR MAY HAVE AS AN ESCROW AGENT, AS A BAILEE, OR TO MAKE A COMMERCIALLY REASONABLE DISPOSITION OF THE NFT. THIS PARAGRAPH DOES NOT APPLY TO ACTS OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE ARBITATOR. YOU FURTHER AGREES TO INDEMNIFY AND HOLD ESCROW AGENT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS BY THE ARBITRATOR.
9. Incorporation of limitations and disclaimers
The limitations and disclaimers in the Form Licenses and in the Addendum for Custom Licenses for the benefit of the Company, its subsidiaries, affiliates and agents, are incorporated herein by reference.
