Last updated: July 10, 2018
This document acts as an agreed upon Terms of Service (hereinafter, “Terms” or“Terms of Service”) between you (hereinafter, “Purchaser”, “Buyer”, “User”, or “you”) and WhalesAvenue - Investment Boutique (hereinafter, “WhalesAvenue” or “Company”). You accept these Terms when you purchase WhalesAvenue’s tickets on World Blockchain Conference or using website at http://whalesavenue.io/ or through any other means (collectively, “Services”). The terms “us”, “we” or “our” refer to WhalesAvenue too.
Your access to and use of the Service (Service mean: The opportunity to take part in “World Blockchaine Conference”) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. We will provide notice of any amendment to these Terms by posting any revised terms to the Site and updating the “Last updated” field above accordingly or by any other method we deem appropriate. We are not obligated to provide notice in any other method beyond these. Any change to these Terms will be effective immediately upon such notice and apply to any ongoing or subsequent use of the Site or Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
This document stipulates general conditions for use of website http://whalesavenue.io/.
Qualifications of User in Order to Use the Site
The User represents and warrants that you are at least eighteen (18) years of age, are legally entitled to use the internet and services like those provided by WhalesAvenue, and have not had your right to use our service previously suspended or revoked by us.
Illegal and Prohibited Use
You represent and warrant that you will not use the Website or Services for any criminal, illegal, or otherwise prohibited use, including, but not limited to, activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. You represent and warrant that you will not use our Website or Services to assist any other party in such illegal activity. You represent and warrant that you will not in any way use the Website or Services to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Website’s or the Platforms underlying code or technical mechanisms; cause damage to the Website or WhalesAvenue through any means, including, but not limited to, through the use of hacking, malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website. You also agree not to transfer access to your Account, as defined below, or any other rights granted to you by these Terms.
Registration and Access
The use of our Services requires you to create an account with WhalesAvenue (hereinafter, “Access”). You warrant and represent that all information provided when creating such an Account is current, complete, and accurate. You agree to promptly notify WhalesAvenue of any changes to any information that would cause the information provided upon your Account’s creation to no longer be current, complete or accurate.
Agreements on Special Conditions
WhalesAvenue has the right to enter into agreement with any of Purchasers on special conditions, including commercial conditions, which may be different from those stipulated by this Terms.
Damages Caused by Vulnerabilities Inherent in the Internet or in Blockchain
Use of the Internet may not be secure. You agree that WhalesAvenue is not responsible whatsoever for any damages caused by the interception, loss or alteration to any information sent over the Internet. While WhalesAvenue will take reasonable steps to ensure the security and privacy of any information transmitted during your use of our Services, in no event will any such information be considered “confidential” or will its disclosure to a third party, accidental or otherwise, cause liability against WhalesAvenue, even if it occurs as a result of our negligence. WhalesAvenue takes every reasonable precaution to prevent and mitigate attacks. However, these problems still may occur from time to time for reasons that are out of our control. WhalesAvenue makes no representation and does not warrant the safety of the Website and is not liable for any lost value or stolen property, regardless of whether WhalesAvenue was negligent in providing appropriate security.
WhalesAvenue Does Not Provide Legal, Financial, or Other Professional Advice
In no way should our providing of Services be considered legal, financial or any other kind of specialized or expert advice on which the User might detrimentally depend, causing liability against WhalesAvenue. In using the Site, you represent and warrant that you have sought any legal, financial or otherwise specialized advice from an expert qualified to provide such counsel, or else you have the sufficient knowledge and sophistication to evaluate the risks and merits associated with Blockchain and offerings and to competently use our Services. WhalesAvenue does not give any guarantees, assumptions, promises that your project will interest potential investors who will attend the "World Blockchaine Conference". That your project will attract any money thanks to a visit to the "World Blockchaine Conference".WhalesAvenue does not give any promises, guarantees, assumptions, forecasts about the attractiveness of your project for investment. Internal audit of your project has exclusively organizational goals - selecting reliable start-ups and preventing scams from the conference. You represent and warrant that you understand that any recommendations or commentary made by NWBA or its employees or other users should be considered generalized in nature, and you should use your own judgment or seek the advice of an expert before taking any action regardless of such statement. We give no assurance as to the accuracy or completeness of any such statement.
We may terminate access to our Services without prior notice or liability for any reason whatsoever, including, but not limited to, if you breach the Terms. Nothing in these terms or in any other communication or action by WhalesAvenue or our employees, agents or representatives should be taken as a waiver of any legal remedies available for any event causing termination. All provisions of the Terms which by their nature should survive termination shall survive termination, including (but not limited to) ownership provisions, disclaimers or limitations of obligations or liability, and indemnity.
Copyright of Communications In Connection With Our Services
You agree that any materials, information or communications transmitted between the User and WhalesAvenue in any form and by any means are non-confidential and will become the sole, exclusive property of WhalesAvenue. WhalesAvenue will can use or disseminate them in a completely unrestricted fashion for any legal purpose, commercial or otherwise, without notifying or compensating you. You hereby waive any right to litigation or recovery for perceived damages caused by the use of this information as is permissible by law.
You agree to indemnify, exculpate and hold WhalesAvenue, its representatives, affiliates, employees and service providers harmless from any claim or demand permissible by law arising out of or related to the use of the Services, including but not limited to any breach by you of these Terms or violation of any law, rule, or rights of a third party. You agree to pay for any legal fees or other costs that incurred by WhalesAvenue or any other indemnified parties as a result of your actions.
Disclaimer of Warrants and Guarantees
WhalesAvenue does not guarantee any level of performance or the continued, uninterrupted availability of our Services. We do not guarantee the accuracy of any information provided on the Website. We hereby disclaim all warrants and guarantees that not expressly made in these Terms.
Applicable Law and Venue
The validity, interpretation, construction and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of China.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and WhalesAvenue (i) waive your and WhalesAvenue’s respective rights to have any and all Disputes arising from or related to this Agreement resolved in a county court, and (ii) waive your and WhalesAvenue’s respective rights to a jury trial. Instead, you and WhalesAvenue will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitration, Class Action or Representative Actions
Any Dispute arising out of or related to these Terms is personal to you and the WhalesAvenue and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Any arbitration will occur in Shanghai, China. Arbitration will be conducted confidentially by a single arbitrator in accordance with the Arbitration Law and the Supreme Court's interpretations of the Shanghai Arbitration Commission (SHAC), which are hereby incorporated by reference. The Arbitration Law and the Supreme Court's interpretations are available on the Shanghai Arbitration Commission (SHAC) website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the Arbitration Law and the Supreme Court's interpretations, or (ii) waive your opportunity to read the Arbitration Law and the Supreme Court's interpretations and any claim that the Arbitration Law and the Supreme Court's interpretations are unfair or should not apply for any reason. The language of the arbitration shall be Chinese (Cantonese). Otherwise, the jurisdiction for arbitration shall be determined according the applicable law.
Survival and Severability
Any portion of these Terms that reasonably should survive the termination or any other agreement is hereby agreed to do so. If any provision of these Terms is deemed illegal, invalid or otherwise invalid for any reason, then that provision will be severed and the rest of these Terms will remain intact and enforceable.
Our failure to exercise or enforce any rights or provisions of these Terms does not constitute a waiver of those rights or provisions. These Terms represent the entire and complete agreement between the User and WhalesAvenue, including any future modification of these Terms, superseding any prior agreements or communications between you and us. Any ambiguities in these Terms shall be construed in the light most favorable to WhalesAvenue.
Act of God
WhalesAvenue' performance under these Terms shall be excused if the failure of such performance is caused by forces beyond its reasonable control. This includes (but is not limited to) acts of God, acts of any government, war or civil unrest, severe weather, fire, natural disasters, political embargos, terrorism, power or equipment failure, industrial or labor disputes or controversies, acts of any third party, or blockchain failures.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
WhalesAvenue does not take any responsibility for successful collecting of money for your project. We help you to get the maximum opportunity to be presented to the largest number of investors. Your task is to convince the investors that you are the very unique product that should receive money.
The success of collecting money for your project will depend solely on you and on how many mistakes you will prevent. Here are the most important mistakes that can not be made. Collecting money for your project depends on whether you make these mistakes or not.
1.Travel budget should be sufficient to at least a week's stay at Hong Kong prices for each person.
2.There must be absolutely all marketing materials according to the Instruction we sent you. In addition, you must have a working MVP, teaser, and be ready to answer the most subtle points and tricky questions that can be asked about your product.
3.The ability to explain the technical side of your project in English without errors.
4.You should understand that you will not receive money (as an investment in your project) right on the event that we hold. In order to get money, if you are noticed, it is necessary to spend a lot of time and energy after the event, in private meetings and closed pitches.
5.You should know all your competitors and understand your uniqueness in the market. Without knowledge of the competitive environment and without understanding the uniqueness (competitive advantage), you can not convince investors of anything. This requires a large and thorough analysis (home work) of competitors both in your country and abroad.
6.You need to know where you will spend each cent of the money involved. If you do not have a clear distribution and a project roadmap with a detailed description of where and when the attracted money will be spent, you will not be able to convince the investor that he need to invest in your project.
7.Your project should be adapted to the market where you plan to collect investments. Cross-cultural communication is an important skill in today's reality of crypto business.
8.The team should have credibility in the eyes of investors. It often happens that the investor likes the project and is ready to invest in it, but absence of a close-knitted team and the lack of the background from the team (did not have co-project earlier) makes investing in the project impossible.
9. Inability to explain the future project on specific numbers, inability to make transparent and well-designed offering.
10. Lack of community in the project. A big problem for all projects is the lack of a project community in the country where you plan to raise funds and in the country where you plan to operate the business after the end of fees.
11. If you do ICO just to make ICO (to collect money) then you should at least not show it to investors. Investors very clearly distinguish who collects money to build a business, and who do it just to do.
12. You need to be confident in your project and this confidence need to be felt by the investors. And you should be ready to redesign your project on demand at any time, of course unless it does not harm your project. But the overestimation of the uniqueness of your project and disability to hear constructive comments from potential investors will it harms your project.
13. Translation of project documentation into another language (Chinese, Korean, Japanese) is not a translation of the idea of the project, the project's credibility and local adaptation of the project. Investors in the country where you are fundraising are not required and will not accept you without understanding the local market in the local crypto industry.
If you have any questions regarding this TOS please write to us at email@example.com