The Taupemist Organisation and TM asset legal document

in #taupemist6 years ago

The Taupemist Organisation and TM asset legal document

General information

In order to participate in the Taupemist ecosystem, an asset will be available to the potential members, in exchange for cryptocurrencies and fiat currency.
The Taupemist Asset know as TM is a token, which will allow the member to access the services provided by the Taupemist organisation.
The Taupemist organisation may distribute this TM to members in the form of an exchange, however, no profit will be derived from this exchange.
TM does not have the legal qualification of a security since it does not give any rights to dividends or interests. The TM asset does not represent shares and does not grant a member any degree of ownership over the organisation. The TM asset cannot have a performance or a particular value outside of the Taupemist organisation.
The TM asset shall therefore not be used or acquired for speculative or investment purposes. The TM asset will not be listed on any regulated stock exchange. The TM asset will not be or nor has been filed with regard to legal standards such as the Federal Act on Stock Exchanges and Securities Trading law, the Financial Market Infrastructure Act, the Collective Investment Schemes Act, which are not applicable to the distribution or exchange of the TM asset, therefore laws and acts that ensure that investors are sold investments that include all the proper disclosures and are subject to regulatory scrutiny for the investors' protection, are not applicable in this case.
Any acquirer of the TM asset should receive proper advice in order to understand whether the asset is appropriate for him or not.
Anyone acquiring the TM asset expressly acknowledges and represents that she/he has carefully reviewed this white paper and fully understands the risks, costs and benefits associated with the TM asset.

Knowledge required

The acquirer of the TM asset undertakes that she/he understands and has sufficient experience of cryptocurrencies, blockchain systems and services, and that she/he fully understands the risks associated with Taupemists services as well as the mechanism related to the use of cryptocurrencies (incl. storage).
Taupemist shall not be responsible for any loss of the TM asset or situations making it impossible to access the TM asset, which may result from any actions or omissions of the member or any person undertaking to acquire the TM asset, as well as in case of hacker attacks.

Risks

Acquiring the TM asset and storing them involves various risks, in particular, the risk that member may lose their Bitshares login credentials and access to their wallet which contains the TM asset. Therefore, and prior to acquiring the TM asset, any member should carefully consider the risks, costs and benefits of acquiring the TM asset, and if necessary, obtain any independent advice in this regard. Any interested person who is not in the position to accept or to understand the risks associated with the activity or
any other risks as indicated in the Terms & Conditions of the TM asset should not acquire TM asset.

Important disclaimer

This document shall not and cannot be considered as an invitation to enter into an investment. It does not constitute or relate in any way nor should it be considered as an offering of securities in any jurisdiction. This document does not include or contain any information or indication that might be considered as a recommendation or that might be used as a basis for any investment decision.
The TM asset is simply a utility asset which can be used only on within the Taupemist organisation and is not intended to be used as an investment.
The offering of the TM asset on a trading platform is done in order to allow the use of Taupemist's services and not for speculative purposes.
The offering of the TM asset on a trading platform does not change the legal qualification of the asset, which remains a simple means for the use of Taupemist's services and is not a security.
Taupemist is not to be considered as an advisor in any legal, tax or
financial matters. Any information in the document is provided for general information purposes only and Taupemist does not provide any warranty as to the accuracy and completeness of this information.
Taupemist is not a financial intermediary according to Swiss law and is not required to obtain any authorization for Anti Money Laundering purposes.
Acquiring the TM asset shall not grant any right or influence over Taupemist organization and governance to the holders.
Regulatory authorities are carefully scrutinizing businesses and operations associated to cryptocurrencies in the world. In that respect, regulatory measures, investigations or actions may impact Taupemist and even limit or prevent it from developing its operations in the future. Any person undertaking to acquire the TM asset must be aware of the Taupemist organisation's model or that the Terms & Conditions may change or need to be modified because of new regulatory and compliance requirements from any
applicable laws in any jurisdiction.
In such a case, members and anyone undertaking to acquire the TM asset acknowledges and understands that neither Taupemist nor any of its affiliates shall be held liable for any direct or indirect loss or damage caused by such changes.
Taupemist will do its utmost to launch its services and develop the
Taupemist ecosystem. Anyone undertaking to acquire the TM asset acknowledges and understands that Taupemist does not provide any guarantee that it will manage to achieve its long-term objectives. They acknowledge and understand therefore that Taupemist assumes no liability or responsibility for any loss or damage that would result from or relate to the incapacity to use the TM asset, except in case of intentional misconduct or gross
negligence.

Representation and warranties

By participating in the acquisition or exchange of the TM asset, the member agrees to the above and in particular, they represent and warrant that they:

· have read carefully the Terms & Conditions attached to this document; agree to the full content and accept to be legally bound by them;

· are authorized and have full power to purchase the TM asset according to the laws that apply in their jurisdiction of domicile;

· are not a U.S. citizen, resident or entity (a “U.S. Person”) nor are they
purchasing TM or signing on behalf of a U.S. Person;

· are not resident in China or South Korea and nor are they purchasing TM or signing on behalf of a Chinese or South Korea resident;

· live in a jurisdiction which allows Taupemist and it's members the right to use the TM asset without requiring any local authorization;

· are familiar with all related regulations in the specific jurisdiction in which they are based and that purchasing cryptographic tokens in that jurisdiction is not prohibited, restricted or subject to additional conditions of any kind;

· will not use the TM asset for any illegal activity, including but not limited to money laundering and the financing of terrorism;

· have sufficient knowledge about the nature of the cryptographic asset and have significant experience with, and functional understanding of, the usage and intricacies of dealing with cryptographic tokens and currencies and blockchain-based systems and services;

· purchase the TM asset because they wish to have access to Taupemist's services;

· are not purchasing TM for the purpose of speculative investment.

Governing law and arbitration

The Client acknowledges and accepts that the Taupemist organisation operates as a non-profit cooperative organisation within a legal environment that is still under development.
The Parties agree to seek an amicable settlement prior to bringing any legal action.

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