Legal Notice and Risk Disclosure
This Legal Notice and Risk Disclosure Statement (the "Notice") is provided by Gradian, a limited liability game developer (collectively with its affiliates, "we", "our" or "us"). Any statements and representations made by us or on our behalf, and any use of the tokens issued by us (the "Tokens") or of any platform, service or protocol upon which our Tokens operate (the “Project”), regardless of whether such Project is owned, operated, developed or otherwise controlled by us, shall be subject to this Notice. Before using the Project or interacting with the Token, please read this Notice carefully. In addition, the Tokens are subject to additional terms and conditions that may be amended by us from time to time. The Project may also be subject to additional terms and conditions that may be amended by the owner of the Project from time to time.
Information and Communications
Our website available at www.gradian.network (the “Website”), the Project, and any other information communicated by us or on our behalf, whether through our whitepaper, communication channels or otherwise (collectively, the “Materials”), do not constitute an offer to sell, a recommendation or solicitation to buy, sell or hold Tokens or any other assets. Nothing in the Materials constitutes a recommendation or solicitation to use the Tokens, the Project or any related products, services or technologies. Always make sure to verify that the information that you believe is provided by us is posted or communicated by our authorised representatives.
Materials are provided solely for informational and educational purposes and should not be relied on for any decision, whole or in part. The Materials are not guaranteed to be true, complete, timely, reliable, accurate, sufficient, non-infringing, or fit for a particular purpose, and we are not obligated to update them. All Materials are provided on an as-is basis and without any guarantee of accuracy or completeness; therefore, any use is at your own risk, and you are solely responsible for damages or losses. Do your own research and investigation whenever possible.
References to third-party data and industry publications may also be included in materials. Even though we believe that the data is accurate and reasonable, we cannot guarantee its accuracy or completeness. Any data from third-party sources referred to on the Website or in connection with the Project have not been independently verified by us, nor have we verified the assumptions underlying such data. Using such third-party data and industry publications does not mean that we endorse them.
Regarding the Tokens, we make no warranties or representations and expressly disclaim all warranties and representations, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The tokens are provided «as is» and «as available». Tokens are not guaranteed to perform as expected or to hold a particular value or price. The Tokens may lose some or all of their value. There are no guarantees in regard to the Tokens, their price, value, supply amount, or performance. We do not assume responsibility for the Tokens performance, value or loss of value, the use or inability to use them.
The Tokens do not represent an investment, security, equity interest, share, debt, loan, or derivative. In no way do the Materials constitute a prospectus or offering document, nor are they a solicitation of offer to buy or sell the Tokens or any other assets.
Unless otherwise specified, the Tokens do not grant any rights to anyone in relation to us or our affiliates, or their revenues or assets, including but not limited to, voting, distribution, redemption, liquidation, proprietary rights, or any other financial or legal right. There is no intention of providing any other rights to any individual through the Tokens. The Tokens do not provide any right of ownership or other interest and do not constitute a loan.
THE TOKENS HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE US SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND MAY NOT BE OFFERED OR SOLD WITHIN THE UNITED STATES OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, U.S. PERSONS (AS DEFINED IN REGULATIONS UNDER THE SECURITIES ACT).
THE TOKENS HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION ACT 2001, AS AMENDED (THE “AUSTRALIAN SECURITIES ACT”), AND MAY NOT BE OFFERED OR SOLD WITHIN AUSTRALIA OR TO, OR FOR THE ACCOUNT OR BENEFIT OF, AUSTRALIAN PERSONS (AS DEFINED IN REGULATIONS UNDER THE AUSTRALIAN SECURITIES ACT).
Unless otherwise specified, we do not allow Tokens to be received or used by, transferred or sold to, a person who is (i) the subject of economic or financial sanctions or trade embargoes administered or enforced by any country or government, including, but not limited to, those administered by the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom or Office of Foreign Assets Control of the United States or any other applicable jurisdictions, (ii) Any individual located, organised, or resident in a country under sanctions, (iii) persons listed in any sanctions-related lists of sanctioned individuals, including those maintained by the United Nations Security Council, the European Union, Her Majesty's Treasury of the United Kingdom or Office of Foreign Assets Control (OFAC) of the United States. (iv) located, organised or resident in Australia, Canada, Cuba, the Democratic People’s Republic of North Korea, Hong Kong SAR, the Islamic Republic of Iran, Libya, the People's Republic of China, South Sudan, Sudan (North), Syria, The Crimea, United States of America, any jurisdiction in which the acquisition and/or ownership of Tokens is prohibited by applicable law, or (v) directly or indirectly owned or controlled by any person or persons described above.
The Project is in its Beta Stage of Production
Please keep in mind that the Project is still in beta stage, which means it and all related software are experimental. Additionally, the Project is provided "as is" and "as available", without warranty of any kind- this includes but isn't limited to warranties that the project doesn't have defects or vulnerabilities, it's fit for a particular purpose, or non-infringing.The Project is provided "as-is." You assume responsibility for your use of the Project. We will not be held responsible in any manner for claims, losses, damages, or other liabilities incurred as a result of or in connection with the Project's operation or usage.
The Website, the Project, and the Materials may contain forward-looking statements based on current expectations. All statements that are not statements of historical fact are forward-looking statements. The future development plans and projections, business projections, future functionality, and projected performance of the Tokens, the Project or us, as well as prospects for any industry are all considered to be forward-looking statements.
Keep in mind that forward-looking statements naturally address topics that, to one degree or another, are uncertain or unknown. Also, we can't promise you that any of our forward-looking statements will turn out to be accurate. Outcomes could differ materially from what is stated in the forward-looking statement, and it would be unwise for you to rely on such a statement. Please be advised that there are numerous risks and uncertainties associated with investing in the Tokens, the Project or our company. These include economic, competitive, regulatory and other factors affecting us or our operations including but not limited to: technological advancement; industry changes; competition; legislative uncertainty and government action; new regulations or laws coming into effect market volatilityPerformance of Proof related products.
The Project and the Materials are not substitutes for professional business, legal, financial, investment, or tax advice. If you have any questions relating to such information, please consult your own professional advisors.
Acceptance of Risks and No Liability
You must read the Risk Disclosure Statement below and accept all of the risks described there, as well as agree that we will not be held liable for any losses or damages incurred as a result of these risks. You hereby acknowledge and agree that both the Tokens and the Project may at any time be subject to additional risk disclosure statements, which may be amended without notice.
Indemnity and Limitation of Liability
To the maximum extent legally permissible, you hereby indemnify, defend and hold us, our employees, directors, shareholders, officers, consultants, representatives, agents or contractors harmless from and against any loss arising out of or based on the following: (i) any inaccuracy in your representation or warranty, or (ii) a breach or failure to comply with any covenant or agreement you made with any one of the above persons in connection with the Tokens or Project, or (iii) an action brought by you against one of the above persons that is finally decided in favor of any one of them.
To the maximum extent permitted by applicable laws and regulations, in no event shall us, our employees, directors, shareholders, officers, consultants, representatives, agents or contractors be liable or responsible for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages or losses of any kind, nor shall they be liable for the loss of goodwill, loss of profits (including expected), loss of data, diminution of value, and business interruption arising out of or in connection with the use of the Tokens, the Project or the Materials or reliance thereon, any inaccuracy or omission in any Materials, whether based upon breach of warranty or contract, negligence, strict liability, tort, or any other legal theory, regardless of whether we have been advised of the possibility of such damages or losses.
Risk Disclosure Statement
Risk of Software Weaknesses
We do our best to make sure that the Tokens, the Project and their related software follow high-security standards, but we cannot promise or guarantee that they are secure from fishing attacks, malware or other malicious threats. In addition, the Tokens, the Project and their related software may have weaknesses, bugs, vulnerabilities or other defects which could lead to losses and damages for you, other users of the Tokens, the Project or any such related software or third persons.
The Tokens, the Project and their related software will initially be deployed on the Algorand blockchain main network. If this network fails, is broken, or is abandoned, it could have a significant negative impact on the Tokens, the Project, and related software. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the Tokens, the Project or such related software, and related blockchain software by rendering ineffective the cryptographic consensus mechanism that underpins the blockchain. The smart-contract concept, and the underlying software platform and software application (i.e., Algorand or other blockchain) are still in their early stages of development and testing. Although it is extremely improbable, the blockchain with any other blockchain can be attacked resulting in downtime, consensus split, the 51 percent attack, or other undesirable results that might result in complete loss of your assets.
Risk of Flawed Logic of the Tokens, the Project or their Related Software
The logic behind the Tokens, Project, and related software may be faulty, defective, or deficient, which might cause smart-contracts to operate incorrectly or not as intended, or transactions to be carried out in violation of the underlying logic that supports the smart-contracts. This can result in a partial or total loss of digital assets used in the transaction.
Risk of Confusing User Interface
A user interface element or design decision can confuse or mislead you, resulting in the execution of a different action or transaction than intended, or connection to the wrong wallet, account, or network.
Risk of Legal Uncertainty
Various laws and regulations govern our intended activities in the countries in which we operate or intend to operate. If we intend to operate our business in some or all jurisdictions, we may have to obtain different licenses or other permissive documents. Consequently, our business in such jurisdictions will always be subject to obtaining those licenses or permissive documents, if they are required by law. It is possible that certain activities could be considered to be in violation of any law or regulation. It is unknown what penalties would be imposed for such a violation. In addition, changes in applicable laws or regulations or evolving interpretations of existing laws could result in increased compliance costs or capital expenditures, which could adversely affect our business model.
Risk of Theft
In the event of hacking, sophisticated cyber-attacks, distributed denial of service, errors, double-spent attacks, flash-loan attacks, vulnerabilities or defects in the Tokens, the Project or its related software, Algorand or any other blockchain, or otherwise, there cannot be any assurance that your digital assets will not be stolen. An example of this kind of event would be a flaw in the source code or programming that could be exploited or abused. Digital assets used in transactions relating to the Tokens, the Project, or their related software may be lost or stolen in any of the above circumstances.