This User Agreement (hereinafter referred to as the “Agreement”) is made and entered into by and between Chain of Secrets Limited (hereinafter referred to as “Chain of Secrets” or “We”) and the User (or referred to hereinafter as “You”) regarding the registration by the User to become the user of Chain of Secrets and the use of relevant products and services.
We hereby remind you to read each clause of this Agreement carefully, including those exemption clauses that exempt or restrict the lability of Chain of Secrets and the restrictions on the User’s rights. After fully reviewing this Agreement, please choose to accept or reject this Agreement. Unless you have accepted the clauses of this Agreement, you have no right to use the product(s) or service(s) under this Agreement. Your registration and using shall be deemed as your acceptance to this Agreement and to be legally bound by each clause of this Agreement.
1.1.1 “Chain of Secrets” (or referred to hereinafter as “platform” or “this platform”) refers to the blockchain pool created and operated by Chain of Secrets for digital currencies with staking settings using POS, DPOS or other consensus mechanism. It mainly provides Users with such function as “Staking Pool”, and its domain name is “ChainofSecrets.org”.
1.1.2 “Staking Pool” refers that the User deposits digital currencies on the platform, and we will integrate all Users’ deposited digital currencies to conduct staking activities more efficiently, then according to each User’s storage, we will allocate the amount of staking revenue proportionally helping the User to obtain more efficient and stable incremental revenue.
1.1.3 “Agreement” means this User Agreement and any applicable appendices and /or other documents or relative amendments designated by us from time to time.
1.1.4 “Company” means Chain of Secrets and its subsidiaries and affiliated companies control, controlled and/or under common control of Chain of Secrets; “Company Members” shall be construed accordingly.
1.1.5 “Cayman Islands” means the Cayman Islands, a British Overseas Territory.
1.1.6 “Regulatory Rules” means the regulations or any other laws, bylaws, ordinances, directives, notices and regulatory guidance released by any applicable regulatory body of any applicable jurisdiction from time to time.
1.1.7 “Laws” means various laws, cases, bylaws, ordinances, directives, notices and regulatory guidance currently in force in Cayman Islands or any other relevant countries or areas.
1.2.1 The singular includes the plural and vice versa.
1.2.2 A reference to any gender includes other gender and any person includes any natural person, legal person and corporation.
1.2.3 Once discretion right is awarded to Chain of Secrets or any Company Member, such discretion right shall be absolute. In the event of any discretion is exercised, Chain of Secrets and any Company Member shall bear no liabilities (of whatever nature) towards any User or any other person, to the extent permissible under Laws; and Chain of Secrets or any Company Member has no obligation to explain for its action, inaction, or decision, unless otherwise provided.
1.2.4 The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
1.2.5 Any reference to Laws, articles of Laws or Regulatory Rules shall include its amendment, substitute, revision, extension or newly enacted copy which may from time to time enter into force.
1.2.6 If there is any conflict between the clauses of this Agreement and any Laws, the latter shall prevail. To comply with Laws, Chain of Secrets shall take or refuse to take any action or shall require a User to take or not to take any action at its sole discretion. All action taken by Chain of Secrets according to Laws shall be binding upon Users.
2.1 All rights of the relevant software involved with Chain of Secrets, including without limitation its ownership, intellectual property rights, etc., shall belong to Chain of Secrets. Any products and services provided by Chain of Secrets shall be performed according to this Agreement as well as the specific terms of service and operational rules released by Chain of Secrets from time to time. Using the products and services provided by the platform, User shall be bound by this Agreement as well as the specific terms of service and operational rules relating to the software and services and the corresponding user’s agreement of third-party software and services (if any) and by the latest versions of the foregoing (collectively the “Service Terms”).
2.2 Once User has successfully registered, this Agreement shall forthwith be formed and become effective, which denotes that the User has voluntarily accepted the terms of this Agreement and all provisions of other Service Terms released by Chain of Secrets from time to time.
2.3 The ownership and the operating rights of this platform（ChainofSecrets.org）and the right to release and revise any rules and activities of this platform shall all belong to Chain of Secrets. The rights and obligations that this platform has towards its Users shall be enjoyed or undertaken by Chain of Secrets. Chain of Secrets also has the right to supervise, remind and check all online activities of the Users. In the event that any behaviour of the User violates any Laws or this Agreement, Chain of Secrets shall be entitled to require the User to correct and reserve the right to pursue such User’s liability.
2.4 When User uses a specific service of this platform, there may be some separate Service Terms or user agreement to regulate such specific service; and User should further understand and acknowledge these terms and agreements before using such services. The use of any specific service by the User shall be regarded that the User has fully read and accepted the separate Service Term or the user agreement and of any other announcements released by Chain of Secrets for such service (if any).
3.1 As Laws and Regulatory Rules in the digital currency field are not sound yet, the digital currency may pose major risks such as its value may be unrealised or its technology may be unstable. Users shall rationally choose to hold or dispose of any digital currency according to their financial status and risk preference.
3.2 The legal status of certain digital currency may be uncertain, which means that the legality of holding or trading them is not always clear. Whether and how one or more digital currency constitute property, or assets, or rights of any kind may also seem unclear. Users are responsible for knowing and understanding how digital currency will be addressed, regulated and taxed under applicable law. Users are solely responsible for any loss arising from the suspension or prohibition of digital currency trading due to the promulgation of or amendment to Laws or Regulatory Rules.
3.3 Having digital currency on deposit or with any third party in a custodial relationship (including this platform) has attendant risks including security breaches, risk of contractual breach and risk of losses. Users should be wary of allowing any third party to hold their digital currency for any reason.
3.4 The market view function provided by this platform is only the result of searching the digital currency rate information of some exchanges, and it is not the latest market or the best quotation. Any opinions, messages, discussions, analysis, prices, suggestions and other information on this platform are general market comments and shall not constitute investment suggestions. We shall not be liable for any losses arising from such information directly or indirectly, including but not limited to any loss of profits.
3.5 The contents of this platform may be amended at any time without notifying the User separately. We have taken reasonable measures to ensure the accuracy of website information but could not guarantee the accuracy of such website information, and shall not be responsible for any losses directly or indirectly arising from the information of this platform, or the failure to connect to Internet, or the delay or failure in transmitting or receiving any notification or information.
3.6 Risks are involved in using internet-based trading system including but not limited to the failure of software, hardware and Internet connection. As we cannot control the reliability and availability of Internet, we shall not be liable for any distortion, delay and connection failure.
3.7 It is strictly prohibited to use this platform for any illegal activity such as money laundering, smuggling, and commercial bribery. Once such events are discovered, we shall have the right to adopt various available means including but not limited to freezing account and notifying relevant authorities. We shall assume no responsibilities arising thereof and shall reserve the right to take actions against relevant personnel for liabilities.
3.8 As the staking revenue of Staking Pool is subject to the development of the mined blockchain itself, Chain of Secrets could not guarantee the incremental revenue of Users; all risks arising from the corresponding blockchain of Staking Pool itself shall be borne by Users.
4.1 The products and/or services offered by this platform have not been registered or qualified under the securities laws of any jurisdiction anywhere in the world. It is being offered only in jurisdictions where such registration or qualification is not required, including pursuant to applicable exemptions that generally limit the users who are eligible to subscribe for such products and services. No action has been taken to permit the offer, sale, promotion or distribution of the platform or any related products and/or services in any jurisdiction where action for that purpose is required. Prospective users are required to inform themselves about, and to observe any restrictions relating to, the platform or any related products and/or services in their respective jurisdictions. This platform may not make the products and services available in all markets and jurisdictions, and may restrict or prohibit use of the products and services from certain countries or jurisdictions, including without limitation: Mainland China and United States of America including Puerto Rico Autonomous States, American Samoa (not Samoa), Guam, Northern Mariana Islands State and US Virgin Islands (St. Croix, St. John, and St. Thomas) (collectively, “Restricted Countries and Territories”). The User shall represent and warrant that he/it: (i) does not come from the above countries or regions, (ii) is not located in, under the control of, or a citizen or resident of the Restricted Countries and Territories. Persons from the Restricted Countries and Territories are not allowed to use this platform, and such restriction shall apply to citizens or residents of other countries located in the Restricted Countries and Territories as well. This platform may be accessed in the Restricted Countries and Territories, or may display official languages of the Restricted Countries and Territories, but this cannot be regarded as any User having obtained permission to use our products and services in such Restricted Countries and Territories. Any attempts to bypass restrictions, such as covering or changing their true location by using a virtual private network, proxy, or similar service, or otherwise providing false or misleading information about their identity, address, or residential address, or through the use of our products and services by third parties and the use of our products and services on behalf of third parties in the Restricted Countries and Territories is a violation of this Agreement. If this is true, or if we have reasonable grounds to suspect that the User is from the Restricted Countries and Territories, we reserve the right to close the User’s account in accordance with relevant Laws and Regulatory Rules without prior notice.
4.2 The User shall represent and warrant that he/it: (i) (if a natural person) is of legal age to form a binding contract (at least 18 years old); or (if a corporate entity) is duly incorporated and validly existing in its jurisdiction, and have full civil power and authority to enter into binding agreements, to accept this Agreement and to trade using this platform and in doing so he/it will not violate any other agreement to which he/it is a party; (ii) all information provided by the User to us (including but not limited to the User’s name, mobile phone number, and email address) is true, accurate, and complete; (iii) User’s use of this platform will fully comply with all applicable Laws and Regulatory Rules and will not be used for illegal or immoral purposes; (iv) the User’s registration and use of this platform must comply with the certification requirements of the legal entity represented by the User, any other contract obligations and restrictions undertaken by such legal entity, and related laws and regulations, and shall not infringe or harm the rights of any other person; (v) all digital currency of the User in his/its account in this platform are legally owned by the User, and all transactions initiated by his/its account in this platform are initiated by the User; and (vi) the User agrees to abide by all Laws and Regulatory Rules in his/its jurisdiction including but not limited to, reporting transactions or tax profits.
5.2.1 Using the true name, stage name or pen name of any celebrity to register (unless you are the celebrity);
5.2.2 Registering in the name of any national institutions or other organisations (unless you are the authorised person by such institutions or organisations, in which case the platform has the right to request you to provide relevant documents);
5.2.3 Registering with any uncivilised or unhealthy word or any word containing discrimination, humiliation, obscenity or any other similar meaning;
5.2.4 Registering with any content causing ambiguity or misunderstanding or any other content violating laws, regulations, or public morals or infringing the right of any third party;
5.2.5 Other situations determined by us.
6.15.1 to suspend or terminate the services under this Agreement;
6.15.2 to terminate this Agreement;
6.15.3 to close the User’s account;
6.15.4 to require the User assuming responsibility for any losses suffering by the platform arising from he/it.
7.1 We will make our reasonable business efforts to maintain all the products and services provided but could not guarantee the security and convenience of such products and services. To the maximum extent permitted by Laws, we will not be liable for any failure to delete or store any information (including without limitation information released/stored by the User, account address, quantity of digital currency, and information data) generated from our services.
7.2 If using the products and services provided on the platform involves internet services, such use may be affected by factors of instability in various sectors. There existing those risks such as interruption of the use, failure to meet the requirement of the User, or losses of Users’ digital currencies as a result of force majeure (including without limitation war, earthquake, lightning strikes, floods, fires, government actions, technical control by telecom departments), computer virus, hacking, system instability, location of the User, shutdown of computers, and any internet, technical and communications lines; Users shall understand those foregoing risks and bear all the losses therefrom himself/itself while we will not assume any responsibilities.
7.3 If the User suffers any losses as a result of the breakdown of any third party’s (such as the telecom operators’) communication lines, technical issues, networks, computer failures, computer virus, hacking, system instability, or any other force majeure (including without limitation war, earthquake, lightning strikes, floods, fires, government actions, technical control by telecom departments), we will not be responsible for such losses.
7.4 We hereby have taken reasonable measures but does not make any explicit or implicit guarantee for the use of our services by the Users, including but not limited to the applicability, free of error or omission status, sustainability, accuracy, reliability, and being suitable for a certain purpose of the services. Meanwhile, we do not make any representation and guarantee on the validity, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technologies and information involved in the services. It is the User’s personal decision to login on or use the services and the User shall solely take all risks and any possible losses.
7.5 That the information provided by the User is untrue or is not updated in time may give rise to a failure in performance of the obligations by the platform to the User according to this Agreement, and all legal consequences arising therefrom (including any losses of the User or the platform or any third party during the User’s use of the products or services provided) shall be solely borne by the User while we shall not be held liable for such consequences.
7.6 If any breach by the User of any provision of this Agreement or the relevant Service Terms results in or causes this platform or its partners or its affiliates being asserted by any third party of any claims, demands or losses (including reasonable costs of litigation and attorneys’ fees), the User shall bear full liability arising therefrom.
7.7 In the event that any User’s infringement of other User’s right or the right of any third party may result in the platform being sued, we may in our sole discretion provide the User’s information to the court at the request of the court or the law enforcement agency without the User’s prior consent or any notice to the User.
7.8 Users undertake to indemnify and hold the platform and its partners and its affiliates harmless against any or all direct or indirect losses, damages (including, without limitation, fines and penalties imposed by any government or court and any tangible and intangible damages), fees or expenses (including without limitation legal and other professional’ costs) arising from any violation of this Agreement or any Service Terms by the User, irrespective of when such losses, damages, fees or costs occur and whether such losses, damages, fees or expenses are based on any claims brought by any third party or resulting from any other forms.
7.9 Our guarantees and representations in this Agreement are the only guarantee and representation made by us for this Agreement and the products and services provided by us. They shall replace any and all other guarantees and representations (whether written or oral, or whether explicit or implicit) made by us. All these guarantees and representations only represent our own guarantees and representation, and we do not guarantee that any third party will observe the guarantees and representations herein.
7.10 To the extent permitted by law, we hereby do not waive any rights that are not mentioned herein to restrict or neutralise our liability or exempt us from liability for damage.
8.1 We only provide Users with relevant information on third-party content and services. When you accept the content or services provided by any third party through this platform, we will not be responsible for your use of such third-party content or services or your relationship with such third party. If you suffer any losses due to such third-party content or services or you have a dispute with the third party, you agree to resolve the dispute with such third party yourself that will not involve us, and you shall not bring any claims against us.
8.2 Although we have conducted strict selection of third parties, we cannot control or guarantee the authenticity, legality and accuracy of all third-party information, nor can we control or guarantee the quality, serving capabilities and sustainability of third-party content or services, and the ability of third parties to perform their obligations under the corresponding service agreements. For any losses arising from any quality defect of the content or services provided by any third party or from any delay or interruption in the services, we shall not be liable for any consequences resulting therefrom.
8.3 We will not be responsible for the legality, accuracy or reliability of any content submitted to us or transmitted or displayed by our services or links (including any content provided by any User or cooperating third party), nor will we give any endorsement, support or assurance. You acknowledge that you understand and agree that you may encounter inaccurate, misleading, defamatory, offensive or illegal content when using our product or services. Any risk arising from your reliance on or use of the content obtained from our products or services shall be on your sole responsibility. We shall not be liable for any direct or indirect loss that you may suffer as a result of your use or reliance on the content of any linked websites or resources. Your use of our products or services does not empower you any rights of the content obtained from such products or services.
8.4 We may review (but we do not promise to review) the content or third-party services provided by this platform to determine whether the forgoing content or third-party services comply with our policies, applicable Laws and Regulatory Rules or are ambiguous. If any content or third-party services infringe intellectual property rights, or are indecent, defamatory or rough, or violate any legal rights of any third party, or rise any risks to the security or operation of this platform, we are entitled to delete or to refuse to provide or link to those forgoing content or third-party services.
8.5 The third-party content and services displayed on this platform may be subject to other terms, such as the terms of relevant third party who originally made or created such content or services, or terms of relevant third party who conduct promotional activities on this platform. Using such third-party content and services denote that you agree to be bound by any further terms and rules if being notified.
It is the User’s responsibility to guarantee that his/its email address and/or mobile phone number provided to us is true and effective, so that we can communicate with the User electronically. The User understands and agrees that if we send him/it an electronic communication but the User does not receive it because his/its email address or mobile phone number on file is incorrect, out of date, blocked by his/its service provider, or he/it is otherwise unable to receive electronic communications, we will be deemed to have provided the communication to him/it. Please note that if the User uses a spam filter that blocks emails from senders not listed in his/its email address book, he/it must add us to his/its email address book so that he/it will be able to receive the communications we send to him/it. If the User’s email address or mobile phone number becomes invalid such that electronic communications sent to him/it by us are returned, we may deem his/its account to be inactive, and he/it may not be able to complete any transaction.
All policies regarding the collection, storage and use of personal and other information in relation to the User’s registration and use of the platform are included in our Private Policy, which is an integral part of this Agreement. The newest vision of Private Policy can be viewed on ChainofSecrets.org.
11.1 We are committed to providing Users with safe, compliant and reputable services; therefore, we insist on carrying out necessary due diligence and continuous analysis and reporting against Users. Depositing or withdrawing digital currency by Users through the platform will be subject to anti-money laundering and anti-terrorism financing transactions supervision. We will refer to Cayman Islands’s Anti-Money Laundering and Terrorist Financing Ordinance (Chapter 615 of the Laws of Cayman Islands), other applicable laws and contractual relationships to preserve certain information and documents, such as transaction records involving large amounts and suspected money laundering, and cooperate with regulatory agencies when requested, we expressly reserve its right to preserve such information and documents. The same applies even if the User terminates the relationship with us or gives up his/its application during the process of registering an account on this platform.
11.2 We reserve the right to refuse registration of the User at any time for any reason (or no reason), or prohibit the User from recharging or withdrawing money, or terminating the relationship with the User. Without prejudice to the generality of the foregoing provisions, applicable conditions of the foregoing provisions include, but are not limited to, persons originating from or residing in a country that does not comply with the international money laundering/counter-terrorism financing standards stipulated by Financial Action Task Force (“FATF”), or considered as politically exposed persons under the FATF’s forty anti-money laundering recommendations, or persons who fail to meet our standards of user due diligence, inquiry or request. We may use a more rigorous user due diligence process instead of declining registrations. At any time, users may be subject to stricter due diligence procedures when accessing the platform and using related services.
12.1 Chain of Secrets has the right to unilaterally modify, if necessary, the terms of this Agreement and the relevant terms of each specific service. The modification made by Chain of Secrets to this Agreement and/or the relevant terms of a specific service shall come into effect automatically upon the effective date specified in its online announcement or system upgrade reminder. When using the products and services, you shall check and read the amendments in a timely manner, and shall consciously abide by the provisions of this Agreement and the relevant terms of a specific service. If you do not agree to the modifications, you shall immediately stop using the products and services provided by the platform.
12.2. We reserve the right to modify or discontinue the services at any time without notice to the User. We may from time to time (and to the extent permitted by applicable Laws) add, change or delete the functional items (including the free provision of a service) of the platform, or suspend or terminate a service completely, without being held responsible for the User or any third party.
13.1 If the User posts any illegal information in the platform, or commits any act which seriously contradicts social morals, violates Laws or breaches any terms of this Agreement, we have the right to immediately terminate the provision of services.
13.2 Save for the circumstances specified in Clause 13.1 above, if we determine, at our discretion, that the User has committed other improper behaviours during his/its use of the products and services provided by the platform, we have the right to terminate the provision of such products and services without any explanation.
13.3 If the User provides false identity information or fraudulently uses other person’s name to register an account, or conducts any activities in breach of any terms of this Agreement, we have the right to suspend the provision of all or part of the services to the User, and have the right to immediately cancel his/its account without prior notice, in which case all legal responsibilities resulted therefrom shall be borne by the User.
13.4 We reserve the right to change, suspend or terminate the services at any time without notice to the User. We shall not be liable for compensating or indemnifying the User or any third party in any way for such change, suspension or termination.
13.5 If any service is terminated or suspended for reasons attributable to Laws, telecoms service providers, third-party technical issues, hacking or other force majeure (including without limitation war, earthquake, lightning, flood, fire, government actions and technical control by telecom departments), we shall not be liable for compensating or indemnifying the User or any third party in any way for such suspension or termination.
15.1 All intellectual achievements contained in the platform including but not limited to the website logo, database, website design, words and charts, software, photos, video records, music, voices and the combination of the aforesaid contents, software compilation, relevant source code and software (including small application program and script) shall be owned by us. Without our express prior written consent, the User shall not reproduce, change, copy, send or use any of the aforesaid materials or contents for commercial purpose, or decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the platform or any part of our property or in any other way manipulate us.
15.2 All rights (including but not limited to trademark, name of the product, logo, domain name, or other distinguishing brand feature) contained in the name of the platform shall belong to Chain of Secrets Limited.
15.3 The User’s acceptance of this Agreement shall be deemed that the User initiatively and exclusively transfers the copyright of the information in any form that he/it publishes on the platform to us free of charge, including but not limited to the right of reproduction, the right of issuance, the right of leasing, the right of exhibition, the right of performance, the right of playing, the right of broadcasting, the right of information network broadcasting, the right of filming, the right of adaption, the right of translation, the right of compilation, and other transferrable rights to be enjoyed by the User. This Agreement is written agreement under Cayman Islands Copyright Ordinance (Chapter 528 of Laws of Cayman Islands), and it is effective for the contents of any works published by the User on the platform and protected by copyright law, no matter whether the contents are formed before or after the Agreement taking effect.
15.4 The User shall not illegally use or dispose intellectual property rights of us or others during the use of our services.
Our or User’s breach of the Agreement herein shall constitute the breach of contract, and the breaching party shall assume the liability for breach of contract to the non-breaching party and compensate for all losses arising therefrom.
17.1 The Agreement shall be governed by the Laws of the Cayman Islands Special Administrative Region as to all matters including validity, construction, effect, performance and remedies without giving effect to the principles of choice of law thereof. In the event of any dispute, controversy, or claim arising out of or relating to the Agreement or the construction, interpretation, performance, breach, termination, enforceability or validity thereof (a “Dispute”), the party raising such Dispute shall notify the other party promptly and no later than sixty (60) days from the date of its discovery of the Dispute. The parties shall cooperate and attempt in good faith to resolve any Dispute promptly.
17.2. Any Dispute which cannot otherwise be resolved as provided in Clause 17.1 above shall be submitted to the International Court of Arbitration of the International Chamber of Commerce (“ICC”) for arbitration which shall be conducted in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for convenience only. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in English.
19.1 You agree that you will not make any claim against us for any statement which is not explicitly set out in this Agreement. The invalidity of any clauses of this Agreement (or any part of a clause) will not affect the validity or enforceability of any other clauses (or the remainder of such clause). In the event that we cannot enforce any part of this Agreement in the manner originally provided in this Agreement, we may replace it with similar terms, to the extent permitted under applicable Laws, and the remaining terms of this Agreement shall remain unchanged. Any delay in the enforcement of any clause of this Agreement shall not be interpreted as a waiver of any rights in that clause. Any rights and obligations under this Agreement which by their nature should survive (including any obligations in relation to the liabilities of or the indemnities (if any) provided by the respective parties) will remain in effect after termination or expiration of this Agreement.
19.2 You may not delegate, assign or transfer this Agreement or any rights or obligations under this Agreement without our prior consent. We may assign, transfer or sub-contract this Agreement or our rights and obligations under this Agreement, in whole or in part, without your prior consent or prior notice to you.
19.3 This Agreement may be executed by electronic means, and the electronic assent or use of the products and services by the User shall constitute execution of the Agreement. The User agrees that the electronic text of the Agreement constitutes “writing” and the User consents to the terms and conditions hereof constitute a “signing” for all purposes.
19.4 The section titles in this Agreement are solely used for convenience and have no legal or contractual effect.
Last revised date: 08-APR-2020