Version: 1.0
1. Application and Acceptance
a. Application
This Legal Notice is provided by the Company and governs your access to and use of the Website and Materials. The Website and Materials shall always be subject to the terms of this Legal Notice. Please read this Legal Notice carefully before using, referencing, or relying on them.b. Acceptance
By accessing or using the Website and/or Materials, you confirm that you have read, understood, and unconditionally accept this Legal Notice and all terms incorporated herein by reference, forming a legally binding agreement between you and us. Acceptance of this Legal Notice is a prerequisite for using the Website and Materials. If you do not agree, you must immediately discontinue any use thereof. If you are acting for or on behalf of an entity, you confirm that you are authorised to accept this Legal Notice on its behalf, thereby binding both the entity and yourself to its terms.c. Personal Data
Please learn more about how we process your personal data in our Privacy Notice.d. Interpretation
Capitalised terms used herein and rules of interpretation are defined in the ‘Interpretation’ section.2. Nodes
Any operation, use, or other engagement with the Nodes is subject to the Node Operation Terms & Conditions. We encourage you to carefully read them before engaging with the Nodes, as they affect your obligations and legal rights.3. Intellectual Property and Proprietary Rights
a. General
Unless explicitly stated otherwise in this Legal Notice, you do not gain any rights in or to the Intellectual Property, which remains fully owned by us, Affiliates, or other respective rights holders, who may restrict its use at any time. You must not obscure, remove, or alter any marks or notices on the Website. All rights not explicitly granted under the Licence remain reserved by the respective rights holders. You may not copy, reproduce, or imitate any part of the Website or Materials without our prior written consent.b. Licence
Subject to your acceptance of and compliance with this Legal Notice, we hereby grant you the Licence. The Licence will remain effective until it is revoked. Your access to and use of the Website must comply with the terms of the Licence.4. Important Disclaimers
a. Materials
The Materials are provided for informational purposes only and do not constitute any promise, warranty, or representation. We shall not be responsible for the accuracy or completeness of the Materials. Any use of and/or reliance on such information is at your own discretion and risk, and you are solely responsible for any possible damages or losses arising from any decision made relying on such Materials. Always conduct your own independent research and thorough investigation.b. Rewards
You may have the opportunity to engage in specific activities that could make you eligible to receive Rewards as a form of recognition for your contribution to the Fortytwo ecosystem. Participation in these activities is entirely voluntary and does not guarantee that you will earn any Rewards, specific outcome, or benefits. Rewards have no cash or monetary value, are non-transferable (unless explicitly stated otherwise by us), and are intended solely to enhance a gamified participation experience. They are not designed to, nor shall they be interpreted as having, any utility, function, or redeemable value of any kind. We make no representation or commitment that Rewards can or will be exchanged for any asset, right, benefit, service, or product, now or in the future. We do not sell Rewards, and they cannot be purchased or acquired other than through becoming a contributor to the Fortytwo ecosystem. Nothing in these Terms, nor in any communication made by us, shall be construed as granting you any right or expectation to receive profits, returns, income, equity, ownership interests, voting rights, or any other form of participation in us, our Affiliates, or our and Affiliates’ products or services.c. No warranty
The Website and Materials are provided on an “as is” and “as available” basis. Your use of them is entirely at your own risk. We make no warranties, whether expressly or impliedly, and hereby expressly disclaim any warranty and/or representation of title, non-infringement, integration, merchantability, and fitness for a particular purpose with respect to the Website and any Materials, including that the Website and any Materials will be secure or available at any particular time or place, meet your expectations or be suitable for you, or that any Materials will be true, complete, timely, reliable, accurate, correct, or sufficient. We are not obligated to update or correct any information on the Website or in the Materials.d. Forward-Looking Statements
The Website and Materials may contain forward-looking statements. These statements include projections, forecasts, plans, strategies, objectives, expectations, or intentions regarding future events, performance, or developments. Forward-looking statements are inherently uncertain and subject to risks, uncertainties, and assumptions that are difficult to predict, many of which are beyond our control. These statements are not guarantees of future performance or outcomes and should not be relied upon as such. Actual results or developments may differ materially from those expressed or implied by forward-looking statements due to a variety of factors, including but not limited to technological changes, market conditions, regulatory changes, and other risks. We do not undertake any obligation to update, revise, or correct any forward-looking statements, whether as a result of new information, future events, or otherwise, except as required by applicable law. By accepting this Legal Notice, you acknowledge and accept that any reliance on forward-looking statements is entirely at your own risk.e. No liability
To the fullest extent permitted by law, we and Our Parties shall not be liable or responsible for any direct, indirect, punitive, exemplary, incidental, or consequential damages of any kind, including the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and/or business interruption arising out of or in connection with the Website and/or Materials, their use or reliance thereon, including without limitation, the accuracy, reliability, currency, veracity, or completeness of the Materials, any delays, inaccuracies or errors in them or their transmission, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, regardless of whether we or any Our Party have been advised of the possibility of such damages or losses. However, this Legal Notice does not limit liability for fraud, intentional misconduct, or gross negligence.f. Waiver
You agree not to, and to the fullest extent permitted by law, waive any right to recover the damages listed above from us and Our Parties. If certain jurisdictions do not permit these exclusions or limitations, they will apply to the extent the law allows.g. No Offer Or Solicitation
The Website and Materials are not an offer, recommendation, or solicitation to buy, sell, or hold investment instruments, securities, cryptocurrencies, or virtual assets in any jurisdiction. They are not a prospectus or offer document, and nothing we provide or communicate should be relied on for contracts or decisions. Nothing in the Materials recommends or solicits the use of our or third-party products, solutions, or services. We do not endorse any third-party services, content, or products that may be mentioned or referred to on the Website or in the Materials, and their use is entirely at your own risk. To the fullest extent permitted by law, we are not liable for any loss or damage caused by your access to or use of any third-party services, content, or products. Always verify that any information you believe comes from us is communicated by our authorised representatives.h. No Advice
No part of this Legal Notice and Materials is intended to be, nor should it be considered or construed as, business, legal, financial, investment, trading, or any other sort of advice, including advice of a broker regarding any matters to which all or any part of such information relates. Before making any decision, you should consult your own legal, financial, tax, or other professional advisors regarding such information.5. Applicable Law And Disputes Resolution
a. Applicable Law
This Legal Notice, as well as any and all relationships between you and us relating to the Website and any Materials, shall be governed by, construed, and enforced in accordance with the laws of England and Wales, excluding any conflict of law rules.b. Informal Dispute Resolution
You must first contact us to try to resolve any dispute related to this Legal Notice, the Website, or Materials informally by sending us a notice via email to legal@fortytwo.network. If no agreement is reached within thirty days, the dispute may be submitted to arbitration as outlined below.c. Binding Arbitration
Except for disputes where either we or you seek injunctive or other equitable relief for the alleged unlawful use of the Intellectual Property, all disputes arising from or related to this Legal Notice, and any matters contemplated herein, will be resolved through binding arbitration under the London Court of International Arbitration Rules, which are incorporated by reference herein. The arbitration will take place in London, UK, with a single arbitrator, and the proceedings will be conducted in English. All notices, requests, demands, and communications related to the arbitration must be sent electronically, either via email or through any electronic filing system operated by the London Court of International Arbitration. Electronic communications will be considered received on the day they are transmitted, based on the recipient’s time zone.d. Waiver of Court Proceedings and Jury Trial
Except for disputes where either we or you seek injunctive or other equitable relief for the alleged unlawful use of Intellectual Property, you and we hereby waive your and our respective rights to (i) have any dispute resolved in a court, and (ii) a jury trial.e. Confidentiality
To the fullest extent permitted under applicable law, you, we, and other persons engaged by you or us shall maintain the confidentiality of any arbitration, litigation and negotiation proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the disputes.f. No Class Actions
Any dispute arising out of or related to this Legal Notice is personal to you and us and will be resolved solely through individual arbitration or litigation, not as part of a class action or representative proceeding.g. Statutes of Limitation
To the fullest extent permitted by law, you and we agree that any claim arising from or related to this Legal Notice, the Website, or Materials must be filed within one (1) year of the event giving rise to the claim. Claims not filed within this period will be permanently barred, meaning neither you nor we can pursue such claims.h. Fallback Dispute Resolution Procedures
If, and only if, the arbitration agreement contained in this Legal Notice is found unenforceable or inapplicable, then any disputes, claims, and controversies, whether based on contract, tort, equity, statute, regulation, or any other legal or equitable theory, arising out of or related to this Legal Notice, the Website, Materials or associated relationships shall be resolved exclusively in the courts of the Seychelles, having jurisdiction.6. Communication
a. Communication Terms
The information concerning these Terms and Node Operation is made available online at https://www.fortytwo.network. All such information will be deemed valid, in writing, and legally binding, and will be considered effective on the day after it is published. You can contact us at legal@fortytwo.network. We may ask for additional information to verify your identity.b. Communication Disclaimers
You shall always carefully assess and verify any information you access or receive via the Communication Channels. You must cross-verify any hyperlinks and wallet addresses provided through the Communication Channels for authenticity, correctness, and accuracy by cross-referencing them with our other Communication Channels or through our officially designated moderators before relying on or using such information or details, or performing any transactions involving virtual assets. Be extra cautious regarding any hyperlinks, wallet addresses, or instructions on executing blockchain transactions, which are shared only through one Communication Channel. There is always a risk that one or more of our Communication Channels may be compromised, which is a common occurrence in the blockchain space, resulting in unauthorised third parties gaining control over them and posting or sending misleading information in an attempt to steal or gain control over your assets. Accordingly, you hereby assume such risks and the responsibility to reasonably verify and assess any and all information you receive or access through our Communication Channels, at the very least by means mentioned herein. We and Our Parties shall not be held liable or responsible for, or in connection with, your reliance upon or use of unauthentic or misleading information or communications shared through the Communication Channels as a result of our loss of control or their compromise. We hereby disclaim any duty of care with respect thereto and shall not be held liable or responsible for any damages or losses sustained by you in connection with, or resulting from, the compromise of our Communication Channels.7. Miscellaneous
a. Modification
You agree that we may modify, supplement, or update this Legal Notice from time to time at our sole and absolute discretion, without your consent. If we make changes to this Legal Notice, we will update the “Last Updated” date at the top of this Legal Notice. Unless otherwise specified by us, updated Legal Notice shall become effective immediately, and your continued use of the Website will confirm the acceptance of such updated Legal Notice. If you do not agree to the amended Legal Notice, you must immediately discontinue any access to or use of the Website.b. Language
Currently, only the English version of the Website interface and any Communications is considered official. The English version shall prevail in case of differences in translation of any information, documents, Communications, or other content.c. Assignment
You may not assign or transfer any rights or obligations under this Legal Notice without our prior written consent. However, we may transfer or assign this Legal Notice, including any rights and obligations, to any third party without requiring your additional consent or approval.d. Entire Agreement
This Legal Notice, together with any documents incorporated herein by reference, contain the entire agreement between you and us concerning the matters contemplated herein and supersede all prior and contemporaneous understandings, writings, letters, statements, or promises, both written and oral, between you and us regarding the subject matters hereof, including, without limitation, any public or other statements, promises, publications, or representations made by us or Our Parties. Except for Our Parties, there shall be no third-party beneficiaries hereto.e. Severability
The invalidity or unenforceability of any provision or part-provision of this Legal Notice shall not affect the validity or enforceability of any other provisions of this Legal Notice, all of which shall remain in full force and effect.f. Survival
All terms and conditions of this Legal Notice, except for Intellectual Property and Proprietary Rights section, shall survive any expiration or termination of this Legal Notice and/or your access to or use of the Website, regardless of reason.8. Interpretation
a. Definitions
In this Legal Notice, unless the context requires otherwise, the terms shall have the following meanings:- “Affiliate” means a person controlling, controlled by, or under the same control as us.
- “Communications” means any letters, notices, messages, demands, requests, or other communications that may be required, permitted, or contemplated hereunder.
- “Communication Channels” means the Website and all our social media channels, accounts, chats, groups, and/or bots owned or administered by us, as may be indicated on the Website.
- “Intellectual Property” means any names of services and products, logotypes, trademarks and other marks, copyrighted content, designs, drawings, animations, videos, pictures, etc., available on the Website or otherwise provided by us.
- “Legal Notice” means this Legal Notice, together with any documents incorporated herein by reference, as may be amended from time to time.
- “Licence” means a limited, temporary, non-transferable, non-exclusive, revocable, and non-sublicensable licence (right) to access and use the Website for its intended purposes on the terms set forth herein.
- “Materials” means any information, statements, announcements, data, content, and other materials provided via the Communication Channels, or otherwise communicated by us or on our behalf in relation to the Website, Nodes, or other our services and products.
- “Node” means a computing device that facilitates the processing, exchange, storage, transmission, and validation of transactional and block data within the Fortytwo Network.
- “Our Parties” means our Affiliates, as well as our and Affiliates’ shareholders, directors, officers, employees, agents, advisors, contractors, and assignees.
- “Rewards” means certain badges, points, or similar non-transferable units of account that can from time to time accrue in connection with participation in, or completion of, certain activities introduced by us.
- “we”, “us”, “our” means Fortytwo Ltd, a company established under the laws of the Seychelles, which operates the Website.
- “Website” means our website available at https://fortytwo.network, including any of its subdomains.
- “you”, “your” means you as a visitor of the Website or a person reviewing the Materials.