ATOMIC TOKEN SALE TERMS OF SERVICE AND CONDITIONS
Get the legal details about Atomic Network and its public sale.
The following Atomic Network Token Sale and Terms of Service and Conditions ("Agreement") govern your (“you” or the “Purchaser”) purchase of cryptographic tokens ("ATOMIC") and your use of websites from Atomic Network, a company registered in Ireland (the “Company” or “Atomic”). Each of you and the Company is a “Party ” and, together, the “Parties ” to these Terms. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the ATOMIC token sale and terms and conditions of use of its website(s).
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE ATOMIC FROM THE COMPANY. BY PURCHASING ATOMIC FROM THE COMPANY, YOU WILL BE BOUND BY THESE TERMS AND ANY TERMS INCORPORATED BY REFERENCE. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE COMPANY. By purchasing ATOMIC, and to the extent permitted by law, you are agreeing not to hold any of the the Company and its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Atomic Team ”) liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of ATOMIC, including losses associated with the terms set forth below.
DO NOT PURCHASE ATOMIC IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO PURCHASING ATOMIC, YOU SHOULD CAREFULLY CONSIDER THE TERMS LISTED BELOW AND, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. IF ANY OF THE FOLLOWING TERMS ARE UNACCEPTABLE TO YOU, YOU SHOULD NOT PURCHASE ATOMIC.
PURCHASES OF ATOMIC SHOULD BE UNDERTAKEN ONLY BY INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES OF CRYPTOGRAPHIC TOKENS, INCLUDING ETHEREUM TOKENS, AND BLOCKCHAIN BASED SOFTWARE SYSTEMS. PURCHASERS SHOULD HAVE A FUNCTIONAL UNDERSTANDING OF STORAGE AND TRANSMISSION MECHANISMS ASSOCIATED WITH OTHER CRYPTOGRAPHIC TOKENS. WHILE THE COMPANY WILL BE AVAILABLE TO ASSIST PURCHASERS OF ATOMIC DURING THE SALE, THE COMPANY WILL NOT BE RESPONSIBLE IN ANY WAY FOR LOSS OF BTC, ETH OR ATOMIC RESULTING FROM ACTIONS TAKEN BY, OR OMITTED BY PURCHASERS. IF YOU DO NOT HAVE SUCH EXPERIENCE OR EXPERTISE, THEN YOU SHOULD NOT PURCHASE ATOMIC OR PARTICIPATE IN THE SALE OF ATOMIC. YOUR PARTICIPATION IN ATOMIC SALE IS DEEMED TO BE YOUR UNDERTAKING THAT YOU SATISFY THE REQUIREMENTS MENTIONED IN THIS PARAGRAPH.
PURCHASER AGREES TO BUY, AND COMPANY AGREES TO SELL, THE ATOMIC TOKENS IN ACCORDANCE WITH THE FOLLOWING TERMS:
- Conditions to ATOMIC Token Sale
YOU MAY NOT ACQUIRE ATOMIC TOKENS IF YOU ARE A CITIZEN, RESIDENT (TAX OR OTHERWISE) OR GREEN CARD HOLDER OF THE UNITED STATES OF AMERICA, OR A CITIZEN OR RESIDENT OF THE REPUBLIC OF CHINA, OR SOUTH KOREA.
When you purchase, or otherwise receive, an ATOMIC token, you may only do so by accepting the following conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the ATOMIC tokens:
- neither the Company nor any of the Atomic Team has provided you with any advice regarding whether ATOMIC is a suitable investment for you;
- you have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, such as Bitcoin and Ether, as well as blockchain-based software systems generally;
- you are legally permitted to receive and hold and make use of ATOMIC in your and any other relevant jurisdiction;
- you will supply us with all information, documentation or copy documentation that we require in order to allow us to accept your purchase of ATOMIC and allocate ATOMIC to you;
- you have not supplied us with information relating to your acquisition of ATOMIC or otherwise which is inaccurate or misleading;
- you will notify us promptly of any change to the information supplied by you to us;
- you are of a sufficient age (if an individual) to legally obtain ATOMIC, and you are not aware of any other legal reason to prevent you from obtaining ATOMIC;
- you take sole responsibility for any restrictions and risks associated with receiving and holding ATOMIC, including but not limited to these set out in Annex A;
- by acquiring ATOMIC, you are not making a regulated investment, as this term may be interpreted by the regulator in your jurisdiction;
- you are not obtaining or using ATOMIC for any illegal purpose, and will not use ATOMIC for any illegal purpose;
- you waive any right you may have / obtain to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the sale of ATOMIC;
- your acquisition of ATOMIC not involve your purchase or receipt of shares, ownership or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;
- to the extent permitted by law and provided we act in good faith, the Company makes no warranty whatsoever, either expressed or implied, regarding the future success of ATOMIC and/or the Ethereum Network;
- you accept that ATOMIC is created and you obtain ATOMIC on an “as is” and “under development” basis. Therefore, provided the Company acts in good faith, you accept that the Company is providing ATOMIC without being able to provide any warranties in relation to ATOMIC, including, but not limited to, title, merchantability or fitness for a particular purpose;
- you accept that you bear sole responsibility for determining if (i) the acquisition, the allocation, use or ownership of ATOMIC (ii) the potential appreciation or depreciation in the value of ATOMIC over time, if any, (iii) the sale and purchase of ATOMIC; and/or (iv) any other action or transaction related to ATOMIC has tax implications.
- Overview of ATOMIC Sale
ATOMIC is required for proper operation and comprehensive utilization of Atomic Network (as defined in the white paper (the “White Paper”) provided at https://atomicnetwork.io (the “Website”) as of the date the Purchaser acquires ATOMIC tokens. To the extent they do not contradict these Terms, the rights connected to ATOMIC are subject to the limitations set out in the White Paper, but this should in no case create obligations for the Company in addition to the ones contained in these Terms.
The maximum total amount of ATOMIC tokens to be issued is 250,000,000. ATOMIC tokens are generated as Purchasers buy them and the total supply of ATOMIC tokens will be determined after the end of the ATOMIC sale. Ownership of ATOMIC during the ATOMIC token sale carries no rights express or implied. Purchases of ATOMIC are non-refundable.
The anticipated distribution of the ATOMIC tokens is as follows:
- 20% Atomic Team, founders, early backers, bounties;
- 30% Reserve fund;
- 20% Token Pre-sale
- 30% Token Sale
- ATOMIC Price
Purchasers in the ATOMIC token sale will be allocated their ATOMIC tokens in exchange for ETH at the following rates:
- during the Token Pre-Sale, a minimum purchase of 25 ETH. During the Public Sale, a minimum purchase of 0.10 ETH;
- during the Pre-Sale 50,000,000 ATOMIC tokens will be offered: 1 ETH per 500 ATOMIC tokens;
- bonus awards of 25-49.999999 ETH = 2,500 ATOMIC bonus; 50-99.999999 ETH = 5,000 ATOMIC bonus; 100+ ETH = 10,000 ATOMIC bonus;
- during the Pre-Sale phase and prior to April 20, 11pmGMT Dublin Ireland, rewards will be doubled: 25-49.999999 ETH = 5,000 ATOMIC bonus; 50-99.999999 ETH = 10,000 ATOMIC bonus; 100+ ETH = 20,000 ATOMIC bonus;
- during the Token Sale 75,000,000 ATOMIC tokens will be offered: 1 ETH per 400 ATOMIC tokens.
The ETH exchange rate is used to dynamically set the ETH to ATOMIC rate. As a result, for the duration of the ATOMIC sale, the price to purchase an ATOMIC token will be set as an amount in ETH.
Purchaser must have an Ethereum wallet that supports the ERC-20 token standard in order to receive any ATOMIC purchased from the Company.
- Timing of ATOMIC Token Sale
The ATOMIC Pre-Sale begins on March 27, 2018 at 5:00pm UTC and ends on May 25, 2018 at 11:59 pm UTC or sooner if the cap is reached. The Public Sale begins on May 26, 2018 at 5:00pm UTC and ends on June 24, 2018 at 11:59 pm UTC or sooner if the cap is reached. The Company reserves the right to change the sale dates or extend the sale duration for any reason, including the unavailability of the Website or other unforeseen security or procedural issues.
The general public will be able to see the total number of ATOMIC tokens currently sold, as well as the distribution of all ATOMIC tokens between the participating Ethereum accounts. The Company will make efforts to update on the Website the number of tokens sold. Furthermore, the Ethereum accounts used to store ETH during the ATOMIC sale duration will publically available and their balances will also be made available on the Website.
- After the ATOMIC Token Sale
The Purchasers should have no expectation of influence over governance of the Company.
Purchasers shall not have any rights, privileges, or ownership of the Company, the Atomic Network, or its assets and intellectual property.
Prior to a Purchaser selling ATOMIC after the ATOMIC token sale completion, such Purchaser shall ensure that the buyer of any such ATOMIC undertakes to comply with all the provisions of these Terms as if such person were a Purchaser in the ATOMIC token sale.
- All Purchases of ATOMIC are Final
ALL PURCHASES OF ATOMIC ARE FINAL. PURCHASES OF ATOMIC ARE NON-REFUNDABLE. BY PURCHASING ATOMIC, THE PURCHASER ACKNOWLEDGES THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, DIRECTORS OR SHAREHOLDERS ARE REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
IF THE COMPANY BELIEVES, IN ITS SOLE DISCRETION, THAT ANY INDIVIDUALS OR ENTITIES OWNING ATOMIC CREATES MATERIAL REGULATORY OR OTHER LEGAL RISKS OR ADVERSE EFFECTS FOR THE COMPANY AND/OR ATOMIC, THE COMPANY RESERVES THE RIGHT TO BUY ALL ATOMIC FROM SUCH ATOMIC OWNERS AT THE THEN-EXISTING MARKET PRICE.
- Taxation of ATOMIC and Taxation Related to the Token Sale
The Purchaser bears the sole responsibility to determine if the purchase of ATOMIC with ETH or any other cryptocurrency or the potential appreciation or depreciation in the value of ATOMIC over time has tax implications for the Purchaser in the Purchaser's home jurisdiction. By purchasing ATOMIC, and to the extent permitted by law, the Purchaser agrees not to hold any of the Company, its affiliates, shareholders, directors, or advisors liable for any tax liability associated with or arising from the purchase of ATOMIC.
- Force Majeure
The ATOMIC Team is not liable for failure to perform solely caused by:
- unavoidable casualty,
- delays in delivery of materials,
- government orders,
- acts of civil or military authorities,
- acts by common carriers,
- emergency conditions (including weather conditions),
- security issues or failures arising from the technology used,
or any similar unforeseen event that renders performance commercially implausible. If an event of force majeure occurs, the party injured by the other's inability to perform may elect to suspend the Terms, in whole or part, for the duration of the force majeure circumstances. The party experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
- Disclaimer of Warranties
THE PURCHASER EXPRESSLY AGREES THAT THE PURCHASER IS PURCHASING ATOMIC AT THE PURCHASER'S SOLE RISK AND THAT ATOMIC IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NONE OF THE ATOMIC TEAM WARRANTS THAT THE PROCESS FOR PURCHASING ATOMIC WILL BE UNINTERRUPTED OR ERROR-FREE.
- Limitations Waiver of Liability
THE PURCHASER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO (i) USE OF, OR INABILITY TO USE, ATOMIC OR (ii) THE ATOMIC TEAM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT NONE OF THE ATOMIC TEAM SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, OR PURCHASE OF, OR INABILITY TO PURCHASE, ATOMIC, OR ARISING OUT OF ANY INTERACTION WITH THE SMART CONTRACT IMPLEMENTED IN RELATION TO ATOMIC. THE PURCHASER FURTHER SPECIFICALLY ACKNOWLEDGES THAT THE ATOMIC TEAM IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER PURCHASERS OF ATOMIC, AND THAT THE RISK OF PURCHASING AND USING ATOMIC RESTS ENTIRELY WITH THE PURCHASER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL ANY OF THE ATOMIC TEAM BE LIABLE TO ANY PURCHASER FOR MORE THAN THE AMOUNT THE PURCHASER HAVE PAID TO THE COMPANY FOR THE PURCHASE OF ATOMIC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A PURCHASER. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY PURCHASER OR EXCLUDE INJURY ARISING FROM ANY WILFUL MISCONDUCT OR FRAUD OF THE ATOMIC TEAM.
- Complete Agreement
These Terms set forth the entire understanding between the Purchaser and the Company with respect to the purchase and sale of ATOMIC. For facts relating to the sale and purchase, the Purchaser agrees to rely only on the Terms in determining purchase decisions and understands that the Terms govern the sale of ATOMIC and supersede any public statements about the ATOMIC token sale made by third parties or by the ATOMIC Team or individuals associated with any of the ATOMIC Team, past and present and during the ATOMIC token sale.
The Purchaser and the Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
- No Waiver
The failure of the Company to require or enforce strict performance by the Purchaser of any provision of these Terms or the Company’s failure to exercise any right under these Terms shall not be construed as a waiver or relinquishment of the Company's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by the Company of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Atomic Team shall be deemed a modification of these Terms nor be legally binding.
- Updates to the Terms
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the Website. Any Purchaser will be deemed to have accepted such changes by purchasing ATOMIC. The Terms may not be otherwise amended except by express consent of both the Purchaser and the Company.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Atomic Team from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your purchase or use of ATOMIC; (ii) your responsibilities or obligations under these Terms; (iii) your violation of these Terms; or (iv) your violation of any rights of any other person or entity.
The Company reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this agreement. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and the Company.
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold ATOMIC purchased from the Company, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Tokens. The Company is not responsible for any losses, costs or expenses relating to lost access credentials.
Currently, only English language versions of any Atomic's communications is considered official. The English version shall prevail in case of differences in translation.
- Governing Law
The Terms and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed, and take effect in accordance with the laws of Ireland.
Any dispute or difference arising out of or in connection with these Terms or the legal relationships established by these Terms, including any question regarding its existence, validity or termination (“Dispute”), shall be referred to and finally resolved by the forum and laws of Ireland which will be deemed to be incorporated by reference into this clause, save for any waiver of any rights the parties would otherwise have to any form of appeal or recourse to a court of law or other judicial authority, which rights are expressly reserved.
Any dispute arising out of or related to these Terms is personal to you and will not be brought as a class action or any other type of representative proceeding. There will be no class action or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
By purchasing, owning, and using ATOMIC, you expressly acknowledge and assume the following risks:
- Risk of Losing Access to ATOMIC Due to Loss of Private Key(s), Custodial Error or Purchaser Error
A private key, or a combination of private keys, is necessary to control and dispose of ATOMIC stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing ATOMIC will result in loss of such ATOMIC. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your ATOMIC. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store ATOMIC in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your ATOMIC. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving ATOMIC, or provides an address that is not ERC-20 compatible, may result in the loss of your Tokens.
- Risks Associated with the Ethereum Protocol
Because ATOMIC and the Atomic platform are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on the platform or ATOMIC. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the ATOMIC and the platform, including the utility of the ATOMIC for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
- Risk of Mining Attacks
As with other decentralized cryptographic tokens based on the Ethereum protocol, ATOMIC are susceptible to attacks by miners in the course of validating ATOMIC transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the platform and ATOMIC, including, but not limited to, accurate execution and recording of transactions involving ATOMIC.
- Risk of Hacking and Security Weaknesses
Hackers or other malicious groups or organizations may attempt to interfere with the platform or ATOMIC in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, because the platform is based on open-source software, there is a risk that a third party or a member of the Company team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the platform, which could negatively affect the platform and ATOMIC, including the utility of ATOMIC for obtaining services.
- Risks Associated with Potential Markets for ATOMIC
If secondary trading of Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third-parties do ascribe an external exchange value to ATOMIC (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.
- Risk of Uninsured Losses
Unlike bank accounts or accounts at some other financial institutions, ATOMIC are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance arranged by Company, to offer recourse to you.
- Risks Arising from Taxation
The tax characterization of ATOMIC is uncertain. You must seek your own tax advice in connection with purchasing ATOMIC, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
- Risk of Competing platforms
It is possible that alternative platforms could be established that utilize the same open source code and protocol underlying the platform and attempt to facilitate services that are materially similar to the Atomic services.
- Risks Arising from Lack of Governance Rights
Because ATOMIC confer no governance rights of any kind with respect to the Atomic platform or the Company, all decisions involving the Company’s products or services within the platform or the Company itself will be made by the Company at its sole discretion. These decisions could adversely affect the platform and the utility of any ATOMIC you own, including their utility for obtaining services.
- Unanticipated Risks
Cryptographic tokens such as ATOMIC are a new and untested technology. In addition to the risks included in this agreement, there are other risks associated with your purchase, possession and use of ATOMIC, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this agreement.
For further information regarding the ATOMIC sale, please contact [email protected]
This policy, together with your use of the https://atomicnetwork.io and http://atomicnetwork.tv (“Website”), and any other documents referred to on it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting the Website you are accepting and consenting to the practices described in this policy.
INFORMATION WE COLLECT FROM YOU
We may collect and process the following data about you:
- Information you give us. This is information about you that you give us by filling in forms on the Website or by corresponding with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description and photograph
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
- Information we receive from other sources. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) who may provide us information about you.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to comply with applicable laws and legislation;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to comply with applicable laws and legislation;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
You agree that we have the right to share your personal information with:
- Any member of our group, which means respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (“Atomic Team”).
- Selected third parties including business partners, suppliers, and sub-contractors for the performance of any contract we enter into with them or you;
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ATOMIC SALE TERMS
- I will keep confidential and will not disclose to third parties (other than my tax or other financial advisors under like conditions of confidentiality) any and all information regarding Atomic Network, registered under the laws of Ireland, (“Atomic”) or members of the Atomic Team, provided, however, that this confidential treatment shall not apply to the tax treatment and tax structure of an acquisition of ATOMIC tokens and all materials of any kind (including opinions or other tax analyses) that are provided to me relating to such tax treatment and tax structure.
- Authorization and Indemnification
- I hereby authorize and instruct each of Atomic and members of the Atomic Team to accept and execute any instructions given in relation to any ATOMIC acquired for by me. I agree to keep each of them indemnified against any loss of any nature whatsoever arising to any of them as a result of any of them acting upon such instructions and they may each rely conclusively upon and shall incur no liability in respect of any action taken upon any notice, consent, request, instructions or other instrument believed in good faith to be genuine or to be signed by properly authorized persons.
- I indemnify and hold harmless each of Atomic and members of the Atomic Team against any loss of any nature whatsoever arising to any of them as a result of any of them acting upon instructions given in relation to any ATOMIC token purchased by me.
- I indemnify and hold harmless Atomic and members of the Atomic Team and their respective directors, members, partners, shareholders, officers, employees, agents, and affiliates (collectively, the Indemnified Parties) from and against any and all losses, liabilities, damages, penalties, costs, fees and expenses (including legal fees and disbursements) that may result, directly or indirectly, from any inaccuracy in or breach of any representation, warranty, covenant or Application set forth in this agreement or in any other document I deliver to Atomic and members of the Atomic Team, or from my assertion of my proper authorization to act.
- I indemnify and hold harmless Atomic and members of the Atomic Team and each of its agents and delegates and each of their respective principals, members, managers, officers, directors, stockholders, employees, and agents and hold them harmless from and against any withholding and any related liability, action, proceeding, claim, demand, costs, damages, expenses (including legal expenses) penalties or taxes whatsoever which a party may suffer or incur as a result of any action or inaction on my part (or on the part of any person related to me). This indemnification shall survive my death or the disposition of my ATOMIC token(s).
- I indemnify and hold harmless the Atomic and members of the Atomic Team against any loss arising as a result of a delay or failure to process this application or a redemption request if I have failed to provide such evidence as is required by such parties to satisfy applicable rules and regulations.
- I understand, acknowledge and agree that:
- any Indemnified Party or other identifiable person who is not a party to this agreement may enforce any rights granted to it pursuant to this agreement in its own right as if it was a party to this agreement. Except as expressly provided in the foregoing sentence, a person who is not a party to this agreement shall not have any rights to enforce any term of this agreement. Notwithstanding any term of this agreement the consent of or notice to any person who is not a party to this agreement shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under this agreement at any time;
- Atomic and members of the Atomic Team may rely conclusively upon and shall incur no liability in respect of any action taken upon any notice, consent, request, instructions or other instrument believed in good faith to be genuine, howsoever given; and
- Atomic and members of the Atomic Team will protect and indemnify its agents, delegates, service providers, officers, directors and other representatives against liability.
I understand, acknowledge and agree as follows:
- Terms not defined herein will be as defined in the White Paper and Terms and Conditions (collectively, the Token Sale Terms) and all terms and conditions on the Website.
- References to Token Sale Terms and the Articles are to those documents as they may be amended from time to time.
White Paper and/or Terms and Conditions
- I have received and reviewed: (i) the Token Sale Terms and have taken appropriate legal and tax advice with respect to the same.
- I understand that ATOMIC tokens do not represent nor do they entitle the holder, in any way whatever, to a:
- Depository Account;
- Custodial Account;
- Cash Value Insurance Contract;
- Annuity Contract; or
- Equity and/or Debt Interest in Atomic;
Terms of Tokens
- ATOMIC tokens are held subject to the terms and conditions of the Token Sale Terms and this agreement (this Agreement).
- No certificate will be issued to in relation to my ATOMIC tokens and my personal ATOMIC token holding will not be reflected, recognized or recorded in any account or ledger maintained by Atomic.
- I understand that, prior to any purchase of ATOMIC tokens, I must pay cash or Digital Currency (Contributed Amount) to Atomic in accordance with the Token Sale Terms to the cryptocurrency address indicated by Atomic.
- Upon acceptance of my request to buy ATOMIC tokens, the Contributed Amount will be converted for ATOMIC tokens in accordance with the Token Sale Terms.
- Atomic (and/or its delegate) may request such evidence as is necessary to verify the identity and source of funds of a prospective token purchaser and to confirm the AML status of any redeeming ATOMIC token holder. Atomic shall not accept or repay any Contributed Amount and/or application for ATOMIC tokens until all information required for verification purposes has been provided.
- Atomic prohibits acceptance of funds by any persons or entities that are acting, directly or indirectly: (i) in contravention of any U.S. or international laws and regulations, including anti-money laundering regulations or conventions; (ii) on behalf of terrorists or terrorist organizations, including those persons or entities that are included on the List of Specially Designated Nationals and Blocked Persons maintained by the U.S. Treasury Department’s Office of Foreign Assets Control  (“OFAC”), as such list may be amended from time to time; (iii) for a senior foreign political  figure, any member of a senior foreign political figure’s immediate family or any close associate of a senior foreign political, unless the Atomic, after being specifically notified in writing that the Purchaser is such a person, conducts further due diligence, and determines that such acquisition shall be permitted; or (iv) for a foreign shell bank  (such persons or entities in (i) – (iv) are collectively referred to as “Prohibited Persons”).
Electronic Delivery of Reports and Other Communications.
- I accept that such electronic communications are not secure and may contain computer viruses or other defects, may not be accurately replicated on other systems, or may be intercepted, deleted or interfered with or without the knowledge of the sender or the intended recipient. Atomic and members of the Atomic Team make no warranties in relation to these matters. Each of Atomic and members of the Atomic Team reserve the right to intercept, monitor, and retain e-mail messages to and from their systems as permitted by applicable law. If I have any doubts about the authenticity of an electronic communication purportedly sent by Atomic or members of the Atomic Team, I am required to contact the purported sender immediately. Atomic's acceptance of my ATOMIC token purchase is not conditioned on my giving consent to electronic delivery of Atomic related information. If I do not have reliable access to the internet or e-mail, I shall not acquire ATOMIC. I shall not be entitled to receive any information from Atomic in paper format.
- Representations and Warranties
In consideration of the Atomic's acceptance of my offer to purchase ATOMIC tokens and recognizing its reliance thereon, I agree, represent, and warrant to Atomic that:
- I am fully in compliance with the Token Sale Terms.
- I am acquiring the ATOMIC tokens solely for my own account and not as nominee or custodian for another person or entity.
- I am not:
- a “U.S. Person”;
- a citizen or member of the public in the South Korea or a resident or citizen of the Republic of China;
- acquiring ATOMIC tokens as nominee or custodian for another person or entity;
- executing this agreement within the United States; or;
- prohibited by law or otherwise from purchasing ATOMIC tokens; or;
- acting on behalf of a trust which has any beneficiaries or trustees that are U.S. Persons
4.4 I did not acquire and will not transfer any ATOMIC tokens within the United States of America, its territories or possessions (hereinafter collectively referred to as the “United States”).
4.5 I did not engage (except as specifically authorized by the Atomic) and will not engage in any activity relating to the sale of ATOMIC tokens in the United States;
4.6 I will not transfer directly or indirectly any of my ATOMIC tokens or any interest therein (including without limitation any right to receive dividends or other distributions) without the consent of the directors of the Atomic and further, I shall not transfer directly or indirectly any of my ATOMIC tokens or any interest therein (including without limitation any right to receive dividends or other distributions) to a U.S. Person or to any other person or entity unless the proposed transferee has made the same representations and warranties as set out herein.
4.7 I did not acquire and will not transfer any ATOMIC tokens within South Korea or the Republic China, its territories or possessions (hereinafter collectively referred to as the “Restricted Territory”).
4.8 I did not engage (except as specifically authorized by Atomic) and will not engage in any activity relating to the sale of the ATOMIC tokens in the Restricted Territory;
4.9 I am not aware of and am in no way relying on, and did not become aware of the sale of ATOMIC tokens through or as a result of, from or in any of the United States, South Korea or Republic of China: any form of general solicitation or general advertising including, without limitation, any article, notice, advertisement or other communication published in any newspaper, magazine or similar media or broadcast over television or radio, or electronic mail over the internet, in connection with the offering and sale of ATOMIC tokens and I am not purchasing ATOMIC tokens and did not become aware of the offering of ATOMIC tokens through or as a result of, in any of the United States, South Korea or Republic of China, any seminar or meeting to which I was invited by, or any solicitation of a subscription by, a person not previously known to me.
Capacity and Experience
4.10 I am responsible for the decision to acquire ATOMIC tokens and I have legal competence and capacity to execute this Application.
4.11 I have the knowledge, expertise, and experience in financial matters to evaluate the risks of acquiring ATOMIC tokens, I am aware of the risks inherent in acquiring and the method by which the assets of the Atomic are held and/or traded and I can bear the risk of loss of my entire token acquisition.
4.12 I am qualified and authorized to make such acquisition decision and, to the extent deemed necessary, I have consulted my own advisors and legal counsel regarding acquisition of ATOMIC tokens. In making the decision to acquire ATOMIC tokens, I have not relied on any advice or recommendation from Atomic, members of the Atomic Team, nor any placement agent associated with the Atomic Network, or any of their affiliates.
4.13 To the extent that I am acting on behalf of an entity, I have the full power and authority under such entity's governing instruments to do so and that entity has the full power and authority under its governing instruments to acquire ATOMIC tokens.
Binding Agreement and Extent of Representations and Warranties
4.14 This agreement constitutes a valid and binding agreement and is enforceable against me in accordance with its terms.
4.16 (i) I am not, nor is any person or entity controlling, controlled by or under common control with me, a Prohibited Person, (ii) the funds paid for ATOMIC tokens on my own behalf of any of my beneficial owner(s), were not and are not derived from activities that may contravene any U.S. or international laws and regulations, including anti-money laundering laws and regulations and (iii) to the extent I have any beneficial owners, (A) I have carried out thorough due diligence to establish the identities of such beneficial owners, (B) based on such due diligence, the I reasonably believe that no such beneficial owners are Prohibited Persons, (C) I hold the evidence of such identities and status and will maintain all such evidence for at least five years from the date of my complete redemption from Atomic, and (D) I will make available such information and any additional information that Atomic may require upon request in accordance with applicable regulations.
4.17 Having reviewed the Token Sale Terms, I hereby agree with Atomic, subject to Atomic's provisional acceptance, to acquire for as many of the ATOMIC tokens as the Contributed Amount shall purchase.