TERMS OF SERVICE
TERMS OF SERVICE
- These Terms of Service (hereinafter „TOS“) are subject to the use of masternode hosting services (hereinafter “Service”) of the website http://poolnode.club (hereinafter “Website”). Any use of the terminology herein or other words in the singular, plural, capitalization and/or he/she or they, your/his/her shall be interpreted as interchangeable and therefore as referring to the same.
- Any individual, entity or other legal person (hereinafter “User”) who access to the Website and will use the Services has to read, accept and confirm the TOS first and agree on to be bound by the provisions of the TOS before become a member. Any factual participation in the Services will constitute such acceptance. If the User do not agree on and abide by these TOS, he is not allowed to use the Services.
- Any User of the Services confirm to be unlimited sui juris (contractual capably) and at least eighteen (18) years old by subscribing the Services. Moreover, any User is aware of all possible risks which are related to the usage of the Services, of blockchain technology and crypto-currencies.
- Exclusions and Limitations
- The information of the Website will be provided on an "as is" basis in the maximum extent which is permitted by law. The Service excludes all representations and warranties relating to the Website and its contents or contents which will be or may be provided by any affiliates or any other third party, including any inaccuracies or omissions related to the Website and/or the Services as well as the related presentations, demonstrations and descriptions.
- The uptime of the Service or Website is not guaranteed; maintenance and downtime may be required from time to time. The Owner is not responsible for the continuous and failure-free operation and the security of the crypto-currency networks. Nevertheless, the Owner will do its utmost to provide the Service in good conditions and to avoid any worse consequences.
- Limitation of Liabilities
- Getnode Ltd., its legal representatives and shareholders (hereinafter collective “Owner”) will be not liable for any direct or indirect, consequential and incidental damages related to or cause by the Website and/or the Services whether the consequences was foreseeable or not and may happen in a normal case like things happen.
- Especially the Owner will be not liable for damages as but not limited to damage of User’s computer hardware or software, systems and programming or loss of data as well as economic loss, loss of business or loss of profits.
- The User confirms the awareness of all risks including the possibility of economic loss or the loss of expected profits. The Owner will not compensate any irreversible loss.
- Masternode rewards will be divided proportionally to the shares held by the User of the masternode or masternode-pool and forwarded to its account balance. All transactions will be processed in the currency EUR or BTC. However, a payout in EUR based on a BTC-pay-up is not permitted regarding to money laundering prevention.
- The payouts will be transferred ONLY to the account the User had mentioned on its investment form (dashboard). The payouts will be credited after every two (2) weeks on a regular basis.
- The Owner will charge for the Services a fee of 35% of the Masternode rewards. The fee will be deducted from the payout amount before the payment to the User will be done.
- Any rewards accumulated by a nominated crypto-currency account will be only paid to that particular address. Different wallet balances cannot be merged.
- The Owner will be not liable for any changes of the crypto-currency value. The Return of Invest (ROI) will be calculated based on the actual rewards for each block for the last 24 hours. The Owner cannot guarantee that any crypto-currency will keep a constant value and therefore cannot guarantee the ROI. Total loss is possible at any time and any risk will be borne by each User.
- Legal Requirements and Sanctions
- The User declares by his agreement to this TOS that he has not been affected by any sanction or that he has been listed by any competent supervisory authorities. He must announce changes immediately. The Owner will monitor his status regularly. A positive screening result leads to the immediate cessation of services.
- In addition, the User confirms with his consent to the TOS that he acts at his own expense.
- The Owner is entitled to require a proof of the identity of the User. In the case of a natural persons, this would be usually an official document of an authority (e.g. identity card), in the case of a legal entity supervisory authorities by a current extract from the commercial register.
- In the case of incorrect or incomplete information as well as fraud or fraudulent misrepresentation, the User shall indemnify the Owner from all legal consequences and financial damages. Additionally, the Owner will immediately suspend the User from the use of Website and Services. The Owner reserves the right to take legal actions.
No waiver of any of the provisions of the TOS will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
- Force Majeure
The Owner will be not liable in any event or circumstance which is beyond the control of the Owner, including but not limited to acts of Gods, riots, wars, floods, fires, explosion, strikes and other similar events, which will prevent, delay, disruption or failure of the provision of already committed Services.
The User’s consent to the TOS includes a membership of the Masternode Club (see separate Articles of Association). The membership will be valid for a period of (365) three-hundred-sixty-five calendar days and will be prolonged automatically by 180 days if the membership will be not terminated by the User. The User can terminate its membership and the use of Services under the URL http://www.poolnode.club/cancelation/. The share of the current masternode valve or pool value will be payed out.
The Owner has a right of extraordinary termination if there are cogent reasons against a continuation of the business relationship with a User. In this case of an premature extraordinary termination of the contract, the share of the current masternode value or pool value, minus a processing fee of 35%, will be refunded. There is no right regarding to unpaid or future payouts.
- Severability Clause
If any provision of the TOS become invalid, the invalidity does not affect other provisions of the TOS that can be given effect without the invalid provision and to this end, the provisions of the TOS are severable.
- Governing Law
The rights and obligations of the Owner and User and third parties, if any, pursuant to the TOS, the Website and the Service are governed by, and shall be construed in accordance with the laws of the Republic of Malta.
Any dispute, controversy or claim arising out of or relating to the TOS, the Website and the Service shall be finally settled by arbitration in accordance with the Arbitration Rules of the International Chamber of Commerce (Paris, France). The Arbitration proceedings shall be conducted in Valletta, Republic of Malta. The language of the proceeding shall be English.