Web Site Terms and Conditions of Use Including Official Rules for Stish Sweepstakes & Instant Win.
Effective August, 10, 2019
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials
(information or software) on Stish.io’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Stish.io’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Stish.io at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- We reserve the right to terminate any members accounts at any time for any reason we determine. This includes any files or content that any member has added to our website.
- You agree not to spam, solicit, or collect any personal data from our site or or our members. You agree not to use robots, spiders, scripts, scrapers, crawlers, etc to access our site or our members. Any attempt to do so will be considered an attempt to gain unlicensed access of our data and we will prosecute to the fullest extent of the law.
- TOKENS SHOULD ONLY BE PURCHASED WITH THE INTENT OF USING THEM TO ACCESS PAGES OR TOOLS AND CONTENT ON THIS WEBSITE. TOKENS ARE NOT FOR INVESTMENT PURPOSES.
- All fees are 100% non-refundable. We reserve the right to refuse service and or payment to any member at any time.
- RISK FACTORS…DO NOT PURCHASE TOKENS WITHOUT UNDERSTANDING THEIR RISK FACTORS AND HOW OUR WEBSITE WORKS. TOKENS ARE FOR TRADING WITHIN THIS WEBSITE ONLY AND DO NOT HAVE A CASH VALUE EQUIVALENT.
- Although we may not know or list every specific Risk Factor, it is important to read, consider, and understand all risk factors especially those published and available by reading our whitepaper.
- The materials on Stish.io’s web site are provided “as is”. Stish.io makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Stish.io does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Stish.io or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Stish.io’s Internet site, even if Stish.io or a Stish.io authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Stish.io’s web site could include technical, typographical, or photographic errors. Stish.io does not warrant that any of the materials on its web site are accurate, complete, or current. Stish.io may make changes to the materials contained on its web site at any time without notice. Stish.io does not, however, make any commitment to update the materials.
Stish.io has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Stish.io of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Stish.io’s web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. Community Guidelines
- You will not use the Website or the Service for any unlawful purpose, including, without limitation, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, or pirating content;
- You will not access or use the Website or the Service to collect any market research for a competing business;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Service;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; and
- You will not interfere with or attempt to interrupt the proper operation of the Website or the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website or the Service through hacking, password or data mining, or any other means.
- You Are Solely Responsible For The Content That You Upload Or Create On StishIt.net. You certify that content that you create or upload is original or that you have rights to re-publish the content. By using this website you agree and accept that at anytime StishIt.net at it’s sole discretion without notice or reason delete or remove your content.
- The policy of StishIt.net is to remove content that has been requested to be removed for copyright violations immediately upon satisfactory proof of violation.
- Please See This Page ( https://stish.io/blogging-rules/ )For Official Blogging Rules.
10. Eligibility For Instant Win SweepStakes
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED AND WHERE ANY REGISTRATION OR BONDING REQUIRED. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
- To enter the Sweepstakes, just access the Stish.io game on your computer or mobile phone. There is no cost to play the game. Each time you complete play of a “virtual scratch card” , you will be eligible to win a prize. A prize may be, third-party goods or services, or virtual tokens, goods or services. Clicking through to any other linked pages, including sponsored advertisements, will not result in additional Sweepstakes entries.
- Participants must be 18 years old or the legal age of majority in your region or territory.
- The Instant Win Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations, and you can only use our Services if it is legal for you to do so as determined by the laws of the country, state, and/or territory in which you live and access the Services. Your computer or mobile device must accept cookies or any similar device used to track entries.
11. How To Claim A Prize
- You will be notified immediately if you have won a prize.
12. General Conditions
- Any Giveaway may be canceled, suspended and/or modified, in whole or in part, if in the opinion of the Sponsor any fraud, technical failure or other factor beyond its control may impair the integrity or proper functioning of the Sweepstakes. Neither the Sponsor nor any Promoter is responsible for malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in electronic communications or internet service.
13. Stish Credits
- The Services may include an opportunity for you to earn virtual currency (“Stish Credits which are virtual tokens and will be referred to as “Virtual Tokens“) to, in our discretion, license virtual digital goods, or to obtain discounts, offers or other goods or services, or to exchange for Stish Crypto (together, “Redeemed Goods“). Regardless of what we call them, Virtual Tokens are not real money, and do not have monetary value. You acknowledge that Virtual Tokens are not real currency. We make no guarantee as to the nature, quality or value of the features of any third-party good or services that will be accessible through the use of Virtual Tokens, or the availability or supply of Virtual Tokens.
- Any Virtual Tokens balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. We may at any time expire free or promotional Virtual Tokens given to you. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Virtual Tokens regardless of the circumstances. You absolve us of any responsibility to maintain or update your Virtual Tokens account. However, if there is a loss of Virtual Tokens in your account due to technical or operational problems with the Services, we will refund the lost Virtual Tokens once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the Virtual Tokens lost.
14. Force Majeure
- We will not be liable to you for any delay or failure to perform any obligation under these Terms and Official Rules if the delay or failure is due to circumstances beyond our reasonable control.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Stish Tokens Legal Notice:
Tokenized Cryptocurrency Right Transfer Agreement
Subject to an existing Right of Ownership Token Transfer Agreement or otherwise proclaimed possession of ownership of the underlying asset (“the Cryptocurrency”), referenced hereafter as “P003_82200”, Stish.io, (hereafter the “Token Issuer”) whose address is Po Box 21 Vanderbilt, TX 77991 (the “Purchaser” or the “lien holder”) hereby agrees to tokenize his ownership of the Cryptocurrency Right granted under the Agreement P003_82200, (the “Tokenized Right to Cryptocurrency Revenue”).
Uploading this Agreement on the blockchain will be hashed and referred in code of a Smart Contract generated by the Token Issuer.
- SALE OF THE TOKENIZED RIGHT.
1.1. The Token Issuer hereby agrees to issue 100,000,000 Token(s) at the price of as of 2018-08-31 on the blockchain of the Token Issuer’s choice (Ethereum).
- TOKEN BUYER’S PAYMENT AS CONDITION PRECEDENT.
2.1. Token Buyer’s (defined in Section 14) payment for the Token(s) issued by Token Issuer under Section 1 is a condition precedent to the formation of this Agreement. There will no binding Agreement until the payment from the Token Buyer is appeared on the Token Issuer’s Exchange account.
2.2. Likewise, there will be no binding agreement with any subsequent token buyer unless the payment for the Token created hereunder made to the Token Holder at the moment of selling the Token.
- SMART CONTRACT. For the purpose of recording the ownership of the Cryptocurrency Right created under the Agreement P003_82200, Token Issuer generates a Smart Contract. This Smart Contract facilitates the direct transfer of the Cryptocurrency Right created to an individual or an entity that makes the payment for the Token representing the ownership of the Cryptocurrency Right created under the Agreement K003-2017 (the “Token Holder”).
- TOKEN HOLDER’S RIGHT.
4.1. Subject to the Agreement P003_82200, all Token Holder(s) will be granted the right to set a new price for the purchased token hereunder, provided that he/she cannot interfere or enforce in the Cryptocurrency Owner’s decision regarding the Cryptocurrency subject to the Agreement P003_82200.
4.2. Subject to the Agreement P003_82200, Token Holder(s)’s Cryptocurrency Right does not create any type of a lien on the Cryptocurrency subject to the Agreement P003_82200. Token Holder’s Cryptocurrency Right will be limited to the Right to claim the amount of the Cryptocurrency Income promised by the Cryptocurrency Owner to Token Issuer under the Agreement P003_82200.
- RIGHT OWNER’S WARRANTIES AND DUTIES. Token Issuer and subsequent Token Holder hereby represent and warrant that, to the best of his/her knowledge, he/she is the sole lawful owner of the tokenized Cryptocurrency Right created under the Agreement P003_82200 and free and clear of any liens and encumbrances except the ones disclosed to Token Issuer from the Cryptocurrency Owner under the Agreement P003_82200. Token Issuer and each subsequent Token Holder(s) have full right, power and authority to sell and transfer his/her Right created under the Agreement P003_82200. Token Issuer and each subsequent Token Holder also warrant that he/she does not currently know of and has no reason to know of any third party claim to any right, title, or use of the Right created under the Agreement P003_82200 except the ones disclosed to Token Issuer from the Cryptocurrency Owner under the Agreement P003_82200. Token Issuer and each subsequent Token Holder did not and will not execute any agreement in conflict with this Agreement. Once a token purchaser makes the full payment pursuant to Section 1, Token Issuer will take any actions that may be necessary or desirable to protect and perfect the Purchaser’s Cryptocurrency Right created under the Agreement P003_82200.
- ASSUMPTION OF RISK.
Each Token Holder bears the risk of loss when purchasing a Token representing the ownership of the Cryptocurrency Right created under the Agreement P003_82200. Token Issuer will not be responsible for and will not be liable for any loss arising from: (a) failure or malfunction of hardware, software, server, and internet connections; (b) malicious software introduction; (c) the third party may obtain unauthorized access to information stored within buyer’s account, including, but not limited to Buyer’s storage address and private key; (d) forgotten passwords; and (e) incorrectly constructed transactions or mistyped account address.
This Tokenized Cryptocurrency Right subject to the Agreement P003_82200 is not a consumer good and sold on an “as is” and “as-available” basis. Token Holder(s) bears the entire risk, Token Issuer sells the tokenized Cryptocurrency Right to Token Holder(s) without any warranty of fitness for a particular purpose, and Token Holder(s) acknowledges that no warrant of fitness could be offered because of the many future technical and legal uncertainties regarding the Tokenized Cryptocurrency Right.
Token Issuer is not responsible for any taxes or any other costs related to purchasing the Tokenized Cryptocurrency Right created under the Agreement P003_82200.
- NO DAMAGES.
Token Issuer will never be liable to Token Holder(s) for consequential and any kind of damages, including but not limited to lost profits.
- MARKET RISK.
All Token Holder(s) understands that this Tokenized Cryptocurrency Right is a new and relatively untested exchange medium. Token Holder(s) therefore understands that Token Issuer cannot predict how the value of the Tokenized Right will change, the consumer demand for the Tokenized Right, technical difficulties in or modification to the peer-to-peer blockchain network, change of regulations, and all other obstacles that a peer-to-peer blockchain network might face. All Token Holder(s) affirmatively represents that he/she is a sophisticated blockchain users and therefore knowingly assumes all known and unknown risk of loss. All Token Holder(s) has not recourse whatsoever against Token Issuer for damages or liability suffered by Token Holder(s) due to the market condition or whatsoever causes.
- RISK OF FINANCIAL REGULATION.
All Token Holder(s) understands that the Tokenized Cryptocurrency Right is a relatively new technology and no one can predict how the government for each country may apply and enforce the existing laws or regulate the Tokenized Right or other peer-to-peer blockchain based exchange technologies in the future. All Token Holder(s) understands that there is a high level of uncertainty, and all Token Holder(s) assumes that all financial regulatory risk inherent in operating and transferring the Tokenized Right.
All Token Holder(s) has no recourse whatsoever against Token Issuer for damages, civil and criminal, suffered by each Token Holder(s) due to regulatory enforcement. Token Issuer does not and cannot warrant that the exercise or transfer of the Tokenized Cryptocurrency Right is legal in all specific jurisdiction of each country. Token Issuer has not duty to advise or warn to each Token Holder(s) and each Token Holder(s) will not advise or warn Token Issuer about any particular legal or regulatory requirement(s). Each Token Holder(s) is solely obligated to understand the laws and regulations of its local jurisdiction before exercising, selling, or purchasing the Tokenized Right, and Token Holder(s) is solely responsible for any of its actions that may be unlawful.
“Tokenized Right to Cryptocurrency Revenue” means a digitized portion or unit of the syndicated ownership of the Cryptocurrency Right created under the Agreement P003_82200. “Token Holder(s)” means a buyer(s) of the tokenized Right representing an ownership of the Cryptocurrency Right through the Smart Contract created by the Token Issuer hereunder. “Smart Contract” means terms and conditions for a legally effective Instrument written in programming language or asset protocol into the blockchain of Token Issuer’s choice. “Token Buyer” means that a party (an individual, legal entity, or authorized person representing an organization) that intends to buy the Tokenized Cryptocurrency Right initially issued by Token Issuer hereunder.
- DISPUTE RESOLUTION.
Informal Resolution. If either Token Issuer or Token Holder has any concerns regarding a breach under this Agreement, the complaining party must first notify the other and allow the other party at least 30 days to remedy the claimed breach. Binding Arbitration. Any dispute arising out of or relating to this Agreement, or the breach thereof, shall finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or three arbitrator, and judgement upon the award rendered the arbitrators may be entered in a court in United States jurisdiction. The arbitration will be conducted in the English language, in accordance with the international Arbitration Rules of the United States Commercial Arbitration Board.
14.1. No Conditions to Effectiveness; Entire Agreement. There are no conditions to the effectiveness of this Agreement. This Agreement contains the entire agreement and understanding of the Parties hereto, and supersedes any prior agreements or understandings between or among the Parties hereto, which respect to the subject matter hereof.
14.2. Governing Law. This Agreement, and the right of the Parties hereto, shall be governed by, construed and enforced in accordance with the laws of United States regardless of the conflict of laws principle. Any action in respect of, or concerning, this Agreement shall be litigated solely in United States and both Parties consent to jurisdiction of the person and venue solely in United States .
14.3. Amendment and Waivers. This Agreement may be amended only by an instrument in writing signed by the Parties hereto. No waivers of or exceptions to any term, condition or provision of this Agreement, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any such term, condition or provision.
14.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby.
14.5. Each party, in entering into this Agreement, acts as an independent party and nothing herein shall be construed to create a partnership or joint venture between the Parties or to constitute agency of an sort. Neither party shall have the authority to bind the other.
14.6. Force Majeure. A party is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God including: fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, or government prohibition or regulation preventing the trade of blockchain-backed token(s).
IN WITNESS WHEREOF, the Token Issuer, Stish.io hereto have executed this Agreement as of the date first written above.
Token Issuer/Token Holder