JuratBTC Terms and Conditions
JuratBTC Terms and Conditions
Last Updated: May 2, 2023
JuratBTC LLC is a Texas limited liability company and Jurat LLC is an Illinois limited liability company (collectively the “Company,” “we”, “us”, or “our”).
The JuratBTC blockchain (“JuratBTC”) is a fork of the Bitcoin blockchain, instantiated as of block height 717808. Digital assets that existed on the Bitcoin blockchain as of the fork are mirrored on the JuratBTC ledger. These Digital Assets (as defined below) are offered to owners of the mirrored Bitcoin digital assets free of charge, subject to these Terms and Conditions (as defined below) and the functionality of JuratBTC. Digital Assets created on the JuratBTC blockchain after block 717808 or which are transferred on the blockchain after that block are also subject to these Terms and Conditions. The JuratBTC blockchain is operated by node operators who participate in the network. JuratBTC is distinct from the Company and their subsidiaries and affiliates. refers to
Subject to the terms of this Agreement, the Company grants you a limited, revocable, non- exclusive, non-sublicensable, non-transferable 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 by the Company to use the Services for commercial purposes. You agree to use the Services only for lawful purposes, comply with all rules governing any transactions on and through the Services and comply with applicable laws. Except as provided in this preamble, you obtain no rights under this Agreement from us, our affiliates or our licensors to the Services, including any related intellectual property rights.
We and/or the Services, JuratBTC or our Sites may facilitate your use of court systems, however, none of the forgoing nor any other communication from us should be construed as legal advice. We are not your attorneys.
“Account(s)” means any address or public key on JuratBTC, including smart contract addresses if any.
“Digital Asset(s)” means the JuratBTC coin (“JTC”), including but limited to, (i) any other coins, tokens, non-fungible tokens (including without limitation ordinals or any other unique digital token), or other instruments of value recorded on JuratBTC or the JuratBTC ledger; (ii) any data stored on JuratBTC or the JuratBTC ledger; and (iii) any smart contract running on JuratBTC or on any other Service provided by us that involves JuratBTC.”
“Company” means JuratBTC LLC, Jurat LLC, and any Jurat affiliates. The Company sometimes may use the trade names Jurat Blockchains and Jurat Network. The Company is not affiliated with and does not endorse a coin/project called “Jurat Project”.
“Content(s)” means software, data, text, communications with you or your agent, audio, video or images and any documentation that the Company offers 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 enforcement technology and, where applicable, JuratBTC, JuratBTC LLC and/or its affiliates or licensors, including Jurat LLC, and affiliates or subsidiaries of Jurat LLC such as W3AL LLC and Arbit3 Dispute Resolution Services LLC.
“Jurat ID” means a hash string or syntax included in a court order or judgment which encodes a specific state change. For example, a state change would be that the JTC balance in account A is reduced by 5 JTC while that balance in account B is increased by 5 JTC. A state change can also include freezing an account or unfreezing an account. Jurat IDs must be generated through the Jurat UI.
“JuratBTC” or “JuratBTC Network” or “Jurat Network” means the JuratBTC blockchain.
“JTC” means the native coin of JuratBTC.
“Losses” means any 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 JuratBTC network and any Person(s) that operate(s) the nodes, including without limitation by mining, transmitting, authenticating, or to act as a Judicial Witness.”
“Mining” means participating in the operation of JuratBTC using a Node.
“Notice List” means the web-based location for posting notice of 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 and JuratBTC such as notices of updates to this Agreement in addition to other Company-affiliated social media channels or other communications.
“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) JuratBTC; (ii) any smart contract running on JuratBTC; (iii) any court connection service furnished with the JuratBTC website, Jurat LLC’s website, or via JuratBTC, Nodes, or Judicial Witnesses; (iv) 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) such as Jurat LLC, and includes without limitation the Jurat Wallet and software on the Site, regardless of how you may come to possess the Software.
“Site” means JuratBTC.com, Jurat.io, Jurat.Network, Arbit3.com, W3AL.com, any explorer site operated by us or our affiliates, and any other sites to which these refer a User.
“User” means (i) any Person who owns or asserts an interest in Digital Assets; (ii) any Person who uses JuratBTC, 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 Digital Asset directly or indirectly through a User.
“Wallet” or “JuratBTC Wallet” refers to the Jurat wallet app or software and all related services, such as Digital Asset transmission or receipt, messaging, minting, or data (e.g. price or asset data) provided through the wallet.”
2. The JuratBTC Ledger
The JuratBTC 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 JuratBTC 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 JuratBTC ledger, including but not limited to, all Accounts on JuratBTC and all Digital Assets on the JuratBTC ledger as well as the transactions on JuratBTC
3. Unique functions of the JuratBTC Network
JuratBTC provides Users increased functionality over Bitcoin. JuratBTC operates similarly to the Bitcoin blockchain, except that JuratBTC can execute transactions without a private key if they comply with the orders of state and federal courts. Note that JTC and BTC are separate coins and that transactions on JuratBTC do not affect transactions on the Bitcoin blockchain.
When you send a transaction to JuratBTC that is not signed by a private key you must include information identifying a court order or judgment which you believe justifies 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 the inclusion of the Jurat ID in any court order or judgment concerning Digital Assets.
The Jurat ID compliance feature makes possible new options not available with Bitcoin. You should familiarize yourself with the options as well as all other features of JuratBTC. Information about JuratBTC’s 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 digital assets
Digital Assets can be frozen in the wallet where they are found 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 or to enjoin use of the asset.
Users with a dispute regarding a Digital Asset can have a court freeze any such Digital Asset automatically for 96 hours provided that the Digital Asset is traceable to the User’s account on the JuratBTC ledger. In order to initiate the freeze, a User must obtain a Jurat ID, include it in the initiating document (e.g. a complaint or petition) filed with a Jurat-supported court, and potentially post a bond. The freeze will not take effect until the lawsuit is docketed and reported to JuratBTC, and the freezing transaction has been entered on the JuratBTC ledger.
Users will need to establish prior ownership of the Digital Asset by connecting to the UI and signing with the wallet controlled by the User and which previously contained the Digital Asset, or by sending a transaction message to Jurat from such wallet. The JuratBTC ledger must show that the Digital Asset passed through such wallet for a Jurat ID to be issued.
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 96 hours to continue the freeze, the automatic freeze will expire (although the lawsuit may continue).
Regulatory agencies and law enforcement agencies (“law enforcement”) can obtain a Jurat ID to freeze a Digital Asset 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, please contact us at [email protected].
Private and law enforcement Users are responsible for taking all steps necessary to implement the court order on JuratBTC, including without limitation entering the transaction into the mempool using the required wallet together with sufficient network fees. In general, the higher the network offered to the miners the faster a transaction will be placed into a block.
The freeze will not become effective until the transaction is accepted and entered into a new block of the ledger. There is no guaranty that the freeze action will be successful. Similar to a transaction on Bitcoin, a JuratBTC 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 wallet, or a block may not obtain a sufficient number of confirmations before that time. If the Digital Asset is transferred becomes 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 JuratBTC and signing it with their private key, similar to a Bitcoin transaction.
However, the JuratBTC network will also process transactions that conform with the findings of a court order. 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 of the account which then holds the Digital Assets. JuratBTC will only transfer Digital Assets to the wallet identified in the filed complaint (or equivalent thereof). This includes transfers requested by government officials and ordered by a court.
In litigation filed by a private user, the Jurat ID will only transfer a Digital Asset back to a wallet from which it was previously sent. Private Users must establish prior ownership of the Digital Asset by using a wallet in the chain of transactions for that Digital Asset. The User must either connect the wallet to the Jurat UI or send a transaction message to Jurat from such wallet. If the JuratBTC ledger shows that the Digital Asset passed through that wallet, a Jurat ID will be issued. The Jurat ID will only support transfer to that wallet.
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 (no less than 90 days after filing), reporting the docket entry to the UI and entering a transaction in the mempool using the same wallet. The transfer will be executed 30 days later 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 ordered, the government must follow the same procedure as for a private transaction, using the registered, government-controlled wallet. The transfer will be executed 30 days later to allow time for court reconsideration or appeal.
C. Judicial transaction timing
Under normal circumstances, JuratBTC transactions execute similarly to Bitcoin, as quickly as the network accepts them in a block and reaches consensus. 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 for a minimum of thirty (30) days 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. If a court orders a stay on enforcement of its order, JuratBTC will wait to execute the transaction.
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, registers it with JuratBTC, and reports the case to JuratBTC through a message transaction confirmed on the docket.
The Notice List is the official form of notice for all Digital Assets and Accounts on the JuratBTC network. By using JuratBTC or owning digital assets, you consent to receive service of summons and notice of court filings via the Notice List and agree to stay apprised of updates to the Notice List. It is recommended that you check the Notice List no less frequently than every 14 days.
JuratBTC may additionally 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.
5. Developing Product and Beta Test Warning
JuratBTC and services built on it 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.
6. The Company does not give legal advice
The Company may from time-to-time post information or answer technical questions about 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 JuratBTC, just as you would retain a lawyer to help you in court with any case.
7. Supported courts
JuratBTC interfaces with the dockets of the United States federal district and bankruptcy 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 or the JuratBTC UI 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 access to those courts that it has determined to have a sufficient public electronic docket system, and/or to those that it believes 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, JuratBTC does not decide which court orders to execute. Thus, if multiple supported courts enter orders regarding the same Digital Assets, JuratBTC will execute each order when 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
JuratBTC does not control the cases that you or others may choose to bring regarding any Digital Asset. JuratBTC also does not take sides in any litigation, provide any legal advice, or decide on the validity or correctness of court orders. Rather, JuratBTC attempts to implement transactions in court orders that are docketed by the state and federal courts that are supported by JuratBTC.
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. JuratBTC does not give 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 JuratBTC, 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 JuratBTC, except for claims against the Company (which shall be subject to Subsection B or this Section) and enforcement actions pursuant to Section 11, YOU AGREE THAT ALL TRANSACTIONS ON JURATBTC 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.
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 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 the Jurat Software without express written permission from the Company. You agree not to modify any portion of the Jurat Software authored by Jurat LLC or JuratBTC LLC in any way that impacts with its 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 JuratBTC or attempt to use methods or other materials created or licensed by Jurat LLC or JuratBTC LLC for any purpose.
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 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
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 you are located. Restricted Parties also include any individual, company, or organization listed a restricted persons list by the U.S. Departments of State, Commerce, or the Treasury, as well as other federal agencies, or who otherwise appears on 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 Jurat ecosystem, 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 Jurat ecosystem, 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, 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 Jurat ecosystem, 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 JuratBTC, 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 on the official website or publication of a U.S. government agency. The consent order or judgment will note that the Account may be unfrozen by a court in a subsequent order or action upon proof that the Account is no longer subject to sanctions or restrictions.
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 JuratBTC miner may be located, and/or in Harris County, Texas.
B. Prohibited Conduct
For the benefit of the Company and all participants in the Jurat ecosystem, you agree not to use the Service in violation of or to otherwise engage in the following conduct:
(i) Violate, misappropriate, or infringe the rights of the Company or its licensors, users, 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, wrap a Digital Asset or 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;
(ix) Use JuratBTC or any Services in a manner that violates your obligations to other 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 in conduct intended to devalue or reduce the price of Digital Assets or which foreseeably could lead to such results;
(xii) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological 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 enable 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 JuratBTC miner may be located, and/or in Harris County, Texas or Wilmington, Delaware.
C. Special restrictions on BTC “Whales” when claiming JTC
All BTC accounts as of block 7171808 received JTC 1:1 as a result of the JuratBTC fork (the “mirrored JTC”). Mirrored JTC can be claimed using the BTC account’s private key on the JuratBTC network.
Persons claiming mirrored JTC from a wallet in the top 1% of all BTC holders (“BTC Whales” or “Whales”) make certain promises and certifications. A wallet with greater than 15 BTC as of the fork is presumptively a Whale wallet.
If you are a BTC Whale you certify that you do not have a conflict of interest which could adversely impact JuratBTC or other holders of the JTC coin and promise not use mirrored JTC to injure JuratBTC or to benefit the Bitcoin network. You further agree that you are a fiduciary to the Company, to JuratBTC and to your fellow JTC holders with regard to your use of mirrored JTC.
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 5% of your combined mirrored JTC within 24 hours or 144 blocks, whichever is greater);
(ii) To disclose all material information about your use of mirrored JTC to the JuratBTC community by posting that information to the Notice List.
In accepting these duties, you are aware that the JuratBTC ledger was forked from the BTC ledger rather than starting from genesis so as to provide JTC to holders of BTC. This was done to encourage adoption and use of JTC by BTC holders, not to make JTC susceptible to attack by BTC holders. You will only use JTC in accordance with its intended use.
You further agree that any person (including any member of the public) who is aware of a violation by you of this Subsection C, may bring suit against you to recover all damages allowed by law, including without limitation lost profits. For a violation of the duty not to engage in trading violations (paragraph 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 these provisions. You, the Company, and all users of JuratBTC agree that the first person to file such suit against you (and only that person) is assigned the right by the Company and all holders of JTC to bring the suit and to retain one-third (⅓) of the recovery. The remaining recovery will be distributed to the Company and the accounts holding JTC as of the date of your violation in proportion to their respective losses as a result of your violation. You further agree to pay costs and attorney’s fees to a prevailing party. Such enforcement action is in addition to the means of enforcement discussed elsewhere in these Terms.
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 JuratBTC and/or Digital Assets for a criminal, fraudulent or illegal purpose or in any other way that could injure JTC, JuratBTC or the Users. A User can enforce these Terms by bringing an original action in a supported court with jurisdiction over the Digital Assets or the parties or, where supported, in an arbitration. The court or arbitrator shall allocate any recovery among the Users suffering the loss(es) in proportion to each person’s losses. If a User is successful in bringing such an action the court or arbitrator may, but need not, award the User a reasonable percentage of the Digital Assets as to which the User prevailed together with punitive damages, costs and reasonable attorney’s fees. Likewise, the court or arbitrator may, but need not, award costs and fees against the User if the User is not the prevailing party.
(ii) Additional actions by a miner and/or the JuratBTC blockchain. 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 JuratBTC Blockchain for injunctive and/or declaratory relief and seek to have the court or arbitrator enter an order requiring the network to execute a transaction needed to remedy the violation. The plaintiff may also bring an action to recover damages to the JuratBTC blockchain’s goodwill and/or 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 ordinance; (2) $50,000 for damages caused by actual or threatened criminal misuse of the blockchain publishable as a criminal ordinance violation or 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 JuratBTC, 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. The court shall allocate any recovery among the miners and Users suffering the loss(es) in proportion to each person’s losses. The plaintiff shall also have the right to recover attorney’s fees and costs as a prevailing party.
(iii) Actions by the Company. The Company has standing commensurate with that granted in paragraph (i) and (ii) as well as to bring any other action to enforce any provision of the 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. Likewise, the Company may bring an action to remedy a breach of the rules regarding hashing power or to enjoin attempts to circumvent the split of the coinbase and transaction fees awarded for mining a block.
You consent to personal jurisdiction and venue for any action or arbitration pursuant to Section (C)(i) or (ii) in any of the following locations: where you may be found, where a JuratBTC miner may be found, where the person or entity bringing the enforcement action may be found, in Harris County, Texas, or in Wilmington, Delaware.
You consent to jurisdiction and venue for an enforcement action or arbitration pursuant to Section (C)(iii) in any of the foregoing locations as well as in Cook County, Illinois.
Where damages are recovered, other than damages to the Company, the court shall award these to all or a subset to Users in a manner that will compensate Users for any actual and direct injury sustained and, if funds remain, to Users in the community for any indirect damages sustained. Any remaining funds shall be allocated for the benefit of the participants in the Jurat ecosystem per the cy-pres doctrine in common fund cases.
The Company will have no obligation to bring any enforcement action but, rather, may exercise its standing under at its sole and unfettered discretion.
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 JuratBTC network failure, 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 Rights
The Software, the Services and their entire Contents, features, 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.
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 JuratBTC, 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 (c), 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, JuratBTC, 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 (15); 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.
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 under Paragraph 11.B. or otherwise.
D. Lost private keys
If you assert a right to recover Digital Assets in an account to which you have lost the private key(s) you must bring that claim in an arbitration. You may file that claim as one in rem against the account for which the private keys are allegedly lost. All User’s agree that it is in their best interests for lost private key claims to be resolved in this matter and to abide by the arbitrator’s decision regarding ownership of the Digital Assets.
E. 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 in Section 15(C) 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.
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 AND JURATBTC SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON- INFRINGEMENT. THE COMPANY AND JURAT BTC 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 JURATBTC OR A COURT OR ARBITRATOR (INCLUDING ARBIT3) MAY REFUSE TO OR BE UNABLE 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.
21. Additional risks you should be aware of
In addition to other risks in using JuratBTC, the Wallet, or the Company’s other products or Services, please note the following non-exhaustive list of risks:
(i) JuratBTC, the Wallet, the Site, and the Services are currently in a beta tester stage. They have not been thoroughly audited or tested. They may not function as expected or as represented due to the early stage 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 JuratBTC 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;
(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 in your Account 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 the 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 JuratBTC network does not guarantee it will be accepted or executed. User’s Digital Asset transactions shall be deemed to be made when recorded on the JuratBTC 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 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 on Digital Assets subject of the order, preventing execution of that order and/or requiring the User to seek a new court order;
(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 and judgments the Jurat Request IDs needed for the system to function, may change its electronic docketing system in ways that interfere with the functions of JuratBTC, and may refuse to exercise jurisdiction over the Digital Assets, other Users, JuratBTC ledger or JuratBTC 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 JuratBTC, Services, Site, Software and anyother provided services are at your own risk; however, this brief statement does not disclose all of the risks associated with Digital Assets and using JuratBTC. 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 JURATBTC, 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.
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 JURATBTC (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 JURATBTC, 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 ($USD100.00), 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.
You may not assign this agreement, nor your rights or responsibilities hereunder. We have the right to assign this agreement to any successor company.
This addendum forms a part of the foregoing Terms as if fully set for therein.
1. Digital asset issuance
If you mint an ordinal or other form of non-fungible token (“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 JuratBTC to upload content that violates the rights of another 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 JuratBTC.
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. No illegal content
You are solely responsible for your use of the Site, Service or JuratBTC 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.
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 JuratBTC for all purposes including our current and future business purposes, such as to provide, promote, and improve the Site, Services, or JuratBTC. 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 JuratBTC is capable of removing or redacting content, you can bring an action 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 will 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.
Chicago, IL 60640
Email: [email protected]
Phone: (312) 243-5900
To process your infringement claim, you must be the rightsholder or someone 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 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 JuratBTC and the Jurat court connectivity features. These generally provide on-chain enforcement for transfers of a Digital Asset. 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.