Terms & Conditions
Version 1.1 Last updated December 24th 2021
Diamond Hands Consulting Ltd ("DH") is a company incorporated in the British Virgin Islands with a registered address of Intershore Chambers, P.O. Box 4342, Road Town, Tortola, British Virgin Islands (BVI company number: 2067272). Diamond Hands Consulting Ltd will be distributing SatoshiSwap tokens and SecondToken tokens via a Balancer Liquidity Bootstrap Pool ("LBP") hosted on the CopperLaunch User Interface to participants who have successfully passed the whitelist process hosted on whitelist.SatoshiSwap.net that includes KYC, AML and restricted regions checks.
SatoshiSwap an BEP20 compliant token on the Binance Smart Chain blockchain and is a utility token serving to aid in governance of the SatoshiSwap and SatoshiStreetBets ecosystem. You warrant that you are not acquiring SatoshiSwap tokens for the purpose of speculative investment and you will not use these tokens to facilitate any unlawful activity. We reserve the right at any point to expand or move SatoshiSwap to other blockchains, providing the community votes approval.
SecondToken (final name as yet undecided but hereafter referred to as SecondToken) is an ERC20 compliant token on the Ethereum blockchain and is a decentralized meme experiment which will later transition into a governance token for the Second Token DAO. You warrant that you are not acquiring SecondToken tokens for the purpose of speculative investment and you will not use these tokens to facilitate any unlawful activity.
Anything written hereafter that references SatoshiSwap also applies to SecondToken.
We interchangeably use the words presale and token distribution event to refer to the LBP. Technically the LBP is purely being performed as the most efficient and fair way to distribute tokens to individuals who are most likely to be engaged participants in the future DAO, defined below.
You understand by taking part in the LBP event that you are not entering into an investment contract where funds are being offered in return for expected future work to be performed on a product/s or service. You understand that the SatoshiSwap smart contracts are by and large completed for their main purpose. You understand that Diamond Hands Consulting has already spent hundreds of thousands of dollars paying for audits and expert Solidity programmers to build the product. You understand upon network maturity the SatoshiStreetBets Decentralized Autonomous Organization ("DAO") will be funding, voting and deciding on the future direction and work of the project. This DAO will fund all future work upon network maturity and host any appropriate web services with the exception of SatoshiStreetBets.com, any NFT marketplaces and any social media platforms. For the avoidance of doubt, any raised funds will be used solely at DH's discretion and the LBP participation does not constitute a contract where DH is obligated to spend the funds furthering any related projects concerning SatoshiSwap, SecondToken or relating to the ecosystem. DH if they wish can destroy any funds or donate them to any nominated beneficiary of their choosing or spend them for DH's own personal benefit. If DH use the funds in a way to further the SatoshiSwap and SecondToken ecosystem in any way including development, marketing or liquidity this is entirely at DH's discretion.
These Terms of Use and any terms and conditions incorporated herein by reference (collectively, the “Terms”) explain the terms of the SatoshiSwap and the "SecondToken" presale and subsequent activities. You must read the Terms carefully. By taking part in the whitelist process hosted on whitelist.SatoshiSwap.net and ticking the "agree to terms & conditions" checkbox which links to this page, you are acknowledging agreement to the Terms here and you agree that you have read, understood and accepted all of the Terms which is incorporated by reference into the Terms. THE TERMS CONTAIN IMPORTANT INFORMATION, INCLUDING A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, BOTH OF WHICH IMPACT YOUR RIGHTS AS TO HOW DISPUTES ARE RESOLVED.
OUR SERVICES ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA OR ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM THE UNITED STATES OF AMERICAN OR A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE OR USE THE WHITELIST DASHBOARD (whitelist.SatoshiSwap.net).
You acknowledge, warrant and represent that you have undertaken all prudent inquiries, secured all appropriate advice, have sufficient knowledge and experience in financial matters and nonfinancial assets and a sufficient understanding of cryptographic tokens digital assets, distributed/digital ledger technology/software systems to be qualified to evaluate the risks and merits of the purchase of SatoshiSwap and SecondToken tokens. You warrant that the assets you use to purchase or otherwise acquire SatoshiSwap and SecondToken tokens do not constitute a significant percentage of your overall assets or income and that any loss of value of the SatoshiSwap and SecondToken tokens will not prejudice your welfare and you are able to bear any and all risks relating to the purchase, use and holding of the SatoshiSwap and SecondToken tokens. You acknowledge that to the extent that there may be a market for the sale and purchase of SatoshiSwap and SecondToken tokens, any price or value of such tokens may be volatile (whether in private sales or on EXCHANGES and other markets). You accept that there are significant risks associated with the acquisition, holding and use of cryptographic tokens which may include: extreme fluctuations in price over short periods of time on a regular basis - a CONTRIBUTOR of SatoshiSwap and SecondToken tokens should be prepared to expect fluctuations both down and up, in the price of SatoshiSwap and SecondToken tokens denominated in Bitcoin (“BTC”) or United States dollars (“USD”) or other fiat money of other jurisdictions
Eligibility to take part in the LBP.
In order to take part in the LBP, you must satisfy the following eligibility requirements:
you are of legal age in the jurisdiction in which you reside and you have legal capacity to enter into the Terms and be bound by them;
if you accept the Terms on behalf of a legal entity, you must have the legal authority to accept the Terms on that entity’s behalf, in which case “you” (except as used in this paragraph) will mean that entity;
you are not a resident, national or agent of Antigua and Barbuda, Algeria, Bangladesh, Bolivia, Belarus, Burundi, Myanmar (Burma), Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol, Cuba, Democratic Republic of Congo, Ecuador, Iran, Iraq, Libya, Mali, Morocco, Magnitsky, Liberia, Nepal, North Korea, Somalia, Sudan, Syria, Venezuela, Zimbabwe or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”); (ii) you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, by the European Union or the United Nations (collectively, “Sanctions Lists Persons”); or (iii) you do not intend to transact with any Restricted Territories or Sanctions List Persons;
you are not a Restricted Person;
you are not a resident of, reside in, a citizen of, incorporated in, or have a registered office in Taiwan (Republic of China), or the United States of America; and
your participation is not prohibited by and does not otherwise violate, assist you in the violation of any applicable laws or regulations, or contribute to or facilitate any illegal activity.
We own all intellectual property and other rights in SatoshiSwap and SecondToken, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or use our intellectual property. Taking part in the LBP does not constitute a grant to you of any proprietary intellectual property or other rights for SatoshiSwap or SecondToken.
Acknowledgement of Risk
By taking part in the LBP, you represent that you understand (a) the inherent risks associated with storing value in a crytographic token, and (b) the inherent risks associated with using cryptographic and blockchain-based systems. You further understand that the markets for these blockchain-based digital assets are highly volatile due to factors that include, but are not limited to, adoption, speculation, technology, security, and regulation. You acknowledge that hacks occur in the decentralized finance space on a regular basis, despite best efforts to ensure otherwise. You hereby acknowledge and agree that we are not responsible for any of these variables or risks associated with the SatoshiSwap or SecondToken.
Release of Claims
You expressly agree that you assume all risks in connection with your access and use SatoshiSwap and SecondToken. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access and use of these tokens.
Indemnity
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of SatoshiSwap and SecondToken and (b) your violation of the Terms, the rights of any third party, or any other applicable law, rule, or regulation.
You hereby indemnify and hold safe DH and it's affiliates against and in respect of any damage, loss, loss of opportunity, loss of profit, anticipated savings or any special, incidental, or consequential damages arising from any use and misuse of the SatoshiSwap and SecondToken tokens in any way connected to the possession, purchase, acquisition, loan, offer as security, staking, sale, use, exchange or transmission of SatoshiSwap and SecondToken tokens by you or any successor in title and any third party to whom you transfer the SatoshiSwap and SecondToken tokens (by sale disposition or transfer or otherwise). As a SatoshiSwap and SecondToken tokens holder, you must take great care to write down, or otherwise securely store your PRIVATE KEY to ensure access to your wallet. Loss of your PRIVATE KEY will CAUSE PERMANENT LOSS of access to your TOKENS.
Limitation of Liability
Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of SatoshiSwap or SecondToken, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it. We assume no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of SatoshiSwap or SecondToken; (e)hacks, exploits, errors or mistaken omissions ; and (g) the defamatory, offensive, or illegal conduct of any third party. Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to us in exchange for access to and use of SatoshiSwap or SecondToken, or $100.00, whichever is greater. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in the Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
Diamond Hands do not make or purport to make any warranty or give any assurance that the SatoshiSwap and SecondToken will function as intended or for any particular purpose required by you. DH hereby excludes liability for all and any representation, warranty or undertaking in any form whatsoever, whether express or implied, made to any entity or person, (including without limitation any actual or prospective SatoshiSwap/SecondToken holder) including any representation, warranty or undertaking in relation to the use, value or other characteristics of the SatoshiSwap/SecondToken. Neither Diamond Hands, nor any current or former employees, officers, directors, partners, trustees, representatives, agents, advisors, contractors or volunteers shall in any event be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, or loss of use or data, or loss of reputation
Class Action and Jury Trial Waiver
You must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.
Subject To Change
DH will make a best effort with all aspects of the SatoshiSwap/SecondToken projects but anything written is not guaranteed, plans are always changing and aspects of the project may be subject to change especially when unforeseen situations occur.
Governing Law
You agree that the laws of the British Virgin Islands, without regard to principles of conflict of laws, govern the Terms and any Dispute between you and us. British Virgin Islands is where DH is located.
Restricted Territories
The following territories are not allowed to take part in the presale: restricted territories
We reserve the right to un-whitelist addresses during the presale which have been found to potentially aid others in circumventing the restricted territories rules.
Usage of CopperLaunch
You agree to not trade on behalf of others directly or through automation - you risk having funds frozen doing so as it will be logically in violation of parts of the above agreement
You understand to only use the wallets that are part of the native CopperLaunch interface (MetaMask and Gnosis Safe). Using wallets you don't own the private keys to, such as an exchange wallet will lead to a loss of funds.
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