Terms and Conditions
Ocean Token Relayer LLC (collectively, “us,” “we” or “Company”) may, from time to time, offer select individuals the opportunity to receive a reward in the form of one or more “OCEAN tokens” (“Token(s)”), while supplies last, from the Company, in which the Tokens may be used by Users (as defined below) to receive discounts on the Company’s virtual currency trading platform (the “Platform”), pursuant to the discount schedule provided on the Website (defined below), which Company may change or revise in its sole discretion without providing advanced notice (the “Program”).
The Token is not a security and the Program is not an initial coin offering – there is no right to participate in any profits, right to any cash flow or any governance right that is embedded in or attached to the Token, and its use is limited to User’s receiving reduced fees on the Platform. To request and receive the Token(s) from the Company before the Company launches its Platform, you must successfully pre-register with the Company’s website, located at https://theocean.trade/ (the “Website”), including, but not limited to, submitting your personal information, such as your first and last name; address; e-mail; date of birth; and citizenship, and your Ethereum address to allow the Company to deposit the Token(s). We are not responsible if you provide an incorrect Ethereum address (you have only one chance to provide a correct Ethereum address), lose your private keys, or are otherwise not able to access your Ethereum wallet. Additionally, Company, in its sole discretion, may deposit Tokens into your Ethereum wallet, and through the acceptance of such Tokens, you hereby agree to be bound by the Terms and Conditions. To receive and/or use a Token or to otherwise participate in the Program, you hereby agree to be bound to these Terms and Conditions, as determined by Company in its sole discretion. We reserve the right to terminate the Program at any time for any reason.
Users are bound by these Terms and Conditions. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to pre-register to receive a Token or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations. Tokens are provided on an "as is" basis without any warranties or conditions of any kind, express, implied or statutory.
We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Tokens are awarded. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions. We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Website or the Tokens at any time, for any or no reason (including, but not limited to, if a User does not comply with these Terms and Conditions), with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your information and/or deny, restrict, suspend, or terminate your access to all or any part of the Website or the Tokens if we determine, in our sole discretion, that you have violated these Terms and Conditions or pose a threat to the Company, Website and/or its Users.
No Minors. No part of the Website or the Program is directed to persons younger than the age of 18. IF YOU ARE YOUNGER THAN 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE, IF GREATER THAN 18 YEARS OF AGE), PLEASE DO NOT USE OR ACCESS THE WEBSITE OR THE PROGRAM AT ANY TIME OR IN ANY MANNER.
1. Privacy. Individuals may participate in the Program by visiting the Website before the official launch of the Platform and following the instructions as required by the Website (“Users”). To do this, Users must necessarily submit personal information about themselves, such as name, address and e-mail address information, so that the Company can award the Token(s). The personal information will be collected, processed and used in accordance with Company’s Privacy Policy in connection with this OCEAN Token Promotion, which can be found herein (“Privacy Policy”). In addition, personal information may be used by Company to contact Users with regards to their participation in the Program and to receive marketing communications from Company.
2. Eligibility. Use of the Website and Tokens is void where prohibited. You must be a natural person at least 18 years old or the age of majority in your state of residence or jurisdiction, whichever is greater. Use of the Website and Tokens is strictly prohibited to minors or any person under the legal age in his or her country and prohibited to any person under the age of 18. By using the Website and/or using the Tokens, you confirm and guarantee that you meet age restrictions requirements.
By agreeing to these Terms and Conditions, by using the Website, or by using the Token(s), you represent and warrant that you have the right, authority and capacity to access the Website, to receive and use the Tokens and to abide by all of the Terms and Conditions. You may not participate in the Program or use the Tokens where doing so would be prohibited by any applicable law or regulations.
To be eligible to request and receive the Token(s), you must successfully pre-register with the Company’s Website, provided, however, Company may directly deposit Tokens into your Ethereum account in its sole discretion. There is a limit of 2,000 Tokens per User, as determined by Company in its sole discretion. You may not distribute the Token(s) to others outside of the Platform and/or receive the Token(s) from others outside of the Platform. Upon the successful pre-registration on the Website, User will be signed up to potentially receive the Token(s), while supplies last , through the Program. If Company determines that a User is eligible to receive the Token(s), the Company will determine, in its sole discretion, what amount of Tokens it will issue to such User. We may use the contact information that you provide to us to notify you concerning the Program, to send you a Token, and to send you marketing materials. You may inform us that you are no longer interested in receiving our marketing materials, and we will use our efforts to discontinue any further mailings containing marketing materials. Once the Token(s) is/are awarded to a User, that User’s information will be maintained for internal administrative and auditing purposes. We reserve the right to modify or terminate the Program and not issue any future Tokens at any time for any reason.
We attempt to be as accurate as possible and eliminate errors on the Website, however we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in a confirmation email, in processing or delivering a Token or otherwise, we reserve the right to correct such error and revise your Token distribution accordingly or to cancel any delivery of the Token(s), without any alternative Token(s), compensation or otherwise to you. Company reserves the right to determine and modify from time to time the exact nature of any Token. Company reserves the right to decline to issue a Token to any User for any reason and without explanation.
3. Registration Information. In consideration of your use of the Website and Program, you agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Website (“Registration Information”); (b) maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete; and (c) be fully responsible for all use of the Website. Misrepresentation may preclude you from participating in the Program and receiving the Token(s). You consent to being contacted by Company for purposes of seeking feedback to ensure and evaluate the quality of its Website, the Program and services. We may provide information to our affiliates and/or subsidiaries to help us bring you the services that we offer. Our affiliates and subsidiaries may have access to your personal information for use in connection with business activities.
An individual must be at least 18 years old, or the age of majority in the jurisdiction in which he or she resides, if greater than 18, and successfully register with the Website and Program to potentially receive a Token, but no purchase is required. Once an individual successfully registers with the Website to participate in the Program and meets the requirements as set forth herein, he or she will then be eligible to receive the Token(s) (while supplies last), as determined by Company in its sole discretion. You must respect the spirit of the Program by meeting the requirements of these Terms and Conditions. You may not register with the Website more than once or create multiple or fake accounts with the Company or participate in the Program using multiple or fake email addresses or identities. You are only eligible to receive the Token(s) once from the Company, unless the Company provides otherwise in its sole discretion.
4. Tokens. Tokens are subject to verification. The Company may delay the delivery of the Token(s) for the purposes of investigation. The Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. In the event you receive the Token(s), you will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your Token(s). If you do not pay such sales or other tax or fee, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such Token(s).
All of the Company’s decisions are final and binding, including decisions as to whether User is eligible to receive the Token(s), whether to issue the Token(s) and what type of Token(s) to issue, if applicable. Tokens may not be redeemed for cash, other Tokens or compensation except as expressly provided in these Terms and Conditions. Tokens are not transferable outside of the Company’s Platform and may not be auctioned, traded, bartered or sold outside of the Company’s Platform. Users may transfer the Tokens on the Platform in exchange for ERC-20 tokens. Upon termination of the Program or any portion thereof for any reason, any unredeemed or undelivered Tokens are forfeited.
5. Liability.
By participating in the Program, Users agree to:
Company shall not be liable for:
The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Website or the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program or use of the Token.
The Company reserves the right to cancel or suspend the Program and/or the use of the Token should it determine, in its sole discretion, that the administration, security or fairness of the Program and/or the Token has been compromised in any way.
Limitation of Liability and Indemnification
You expressly understand and agree that the Company, including any subsidiaries and affiliates associated with or assisting in providing the Program and/or the Token(s), shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages.
To the fullest extent possible by law, the Company’s, including any vendors and service providers, maximum liability arising out of or in connection with the Program and/or the Token(s), regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed USD $100.
Users use the Website, Program and Token(s) at their own risk.
6. Conduct. If a solution cannot be found to restore the integrity of the Program and/or Tokens after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program and/or the Tokens.
Prohibited Conduct, Generally
Users agree not to use the Program to:
Bulk Distribution (“Spam”)
The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program and/or the Tokens.
Fraudulent and Suspicious Behavior
The Company may prohibit a User from participating in the Program or receiving and/or using the Token(s), in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program and/or the Token(s) in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive the Token(s).
The Company reserves the right to disqualify any User and/or cancel any Token(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Choice/Opt-Out
Our Website provides Users the opportunity to opt-out of receiving marketing communications from us and our partners at the point where we request information about the User. This Website gives Users the option to not receive future marketing materials.
Your California Privacy Rights
A California privacy law that went into effect on January 1, 2005, the "Shine the Light" law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.
As stated earlier in these Terms and Conditions, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the User’s permission. Whenever a User agrees to allow us to collect personal information, we provide the User with an option to prevent such information from being shared for marketing and promotional purposes. Furthermore, you may exercise this cost-free option at any time by emailing us at hello@theocean.trade.
Because the Website has a comprehensive Privacy Policy and provides you with details on how you may opt-in or opt-out of the use of your personal information for direct marketing purposes, we are not required to provide you with the third party list.
Special Cases In Which We Share Personal Information
Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of the Website, the Program, the Tokens, or other visitors to the Website. We also may disclose your personal information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Whenever personal information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information or non-anonymous demographic information from us will comply with the terms of these Terms and Conditions with respect to their use and disclosure of such information.
The Company may archive information, including personal information, you provide in the course of using our Website and any other aspects of the Website, the Program and/or the Tokens. We store that information on servers that are controlled by us or by third parties who have agreed to comply with our commitments made under these Terms and Conditions and with whom we have a contractual relationship. Archived information will not ordinarily be erased unless and until your entire account with the Website is deleted, and even then we may retain some or all of your information on back-up files; provided, however, we assume no obligation or guarantee to archive any information and do not warrant that any archived information will later be made available to you.
7. Tokens. Users are responsible for the use of the Tokens issued to them and are fully responsible for all activities that occur through the use of the Website and/or Program resulting from the Tokens issued to them. Users agree to notify the Company immediately if they believe their Tokens, the Website or Program have been compromised or if they suspect unauthorized use of the Tokens, Website or Program. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of the Tokens, Website or the Program.
Discount Schedule
The Program’s discount schedule that is applicable in connection with the use of the Platform, which is subject to changes and revisions, in the Company’s sole discretion, without prior notice, is located at the Website and may be updated from time to time.
You will receive a discount according to the schedule based on the number of Tokens that you control in your Ethereum wallet. Subject to your eligibility and your compliance with these Terms and Conditions, you will receive the discount identified in the second column as long as you hold the minimum number of Tokens identified in the first column. You may reuse the Tokens at your discretion, subject to these Terms and Conditions.
We reserve the right to permanently ban or suspend any Users from the Program and/or Platform that the Company deems is improperly abusing the Program and/or Platform, or if the Company finds that a User is engaged in any suspicious activity in connection with the Program and/or Platform, and not provide any applicable discount to past, present or future transactions, in the Company’s sole discretion. The Tokens expire within one (1) year upon a User’s receipt of the Tokens from the Company, regardless of any subsequent transfers of the Tokens to other Users.
8. Applicable Law; Dispute Resolution. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. If there is any dispute between any User and Company about or involving the Program, the Tokens, by participating in the Program, and/or receiving and/or using the Tokens, each User expressly agrees to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, County of New York.
9. General Terms. These Terms and Conditions constitute the entire agreement between Users and the Company concerning Users’ use of the Program and the Token(s). The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms and Conditions shall have no right to enforce or receive the benefit of any of these Terms and Conditions.
Contact Information. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Website, the Program and/or the Tokens, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
E-mail: hello@theocean.trade
