Terms of Use
Updated
May 23, 2021
Welcome to Iconworld, a sharing economy that helps idle data
centers to monetize their spare capacity. You are just minutes away from
enjoying Iconworld’s vision for the future in becoming the default cloud
infrastructure for the Web 3.0. With Iconworld you don’t need specialized
industry knowledge, sophisticated hardware, or advanced infrastructure. We’ve
assumed all of the complicated work on the backend leaving you free to
participate in the blockchain. Before you begin, we ask that you take a few
minutes and read the important Terms of Use Agreement below. We look forward to
your use of our website!
1. Contract Structure & Order-Of-Precedence
This Iconworld Terms of Use (“Agreement”) is entered into between Iconworld
Inc., (“Iconworld”) and the customer (“Customer”). Capitalized terms in this
agreement are defined in Section 15 (Definitions) and elsewhere in this
Agreement. Customer and Iconworld may be referred to in this Agreement
individually as a “Party” and collectively as the “Parties.” By accessing or
using Iconworld’s website (“Website”) or the content provided on or through the
Website, Customer agrees to follow and be bound by the following terms and
conditions concerning Customer’s access to and use of the Website and the
content provided on or through the Website and Iconworld’s Privacy Policy. Iconworld
may revise and update these Terms of Use from time to time in its sole
discretion. All changes are effective immediately when posted to the Website
and apply to all access to and use of the Website thereafter. However, any
changes to the dispute resolution provisions set out in the Governing Law and
Jurisdiction will not apply to any disputes for which the parties have actual
notice on or before the date the change is posted on the Website.
2. Description of our Services
2.1 About Iconworld. Iconworld is a sharing economy
that helps idle data centers to monetize their spare capacity and strives to
become the default cloud infrastructure for the Web 3.0. Iconworld is building
a marketplace for container-based cloud services. It is a full-stack cloud
service for container deployment using shared resources.
2.2 Iconworld’s Services. Iconworld’s business model
includes several components such as monetizing idle resources from world-class
data centers and providing blockchain Node hosting solutions. Iconworld
provides reliable infrastructure to 1000+ projects and applications including,
but not limited to, blockchain protocols, crypto exchanges, staking platforms
and personal home servers. Iconworld will provide developers with the ability
to deploy 50+ types of blockchain Node via our node hosting application, which
are available in the app store on the Iconworld cloud platform.
Iconworld cloud platform
To date Iconworld has successfully integrated 40+ blockchains with our
distributed cloud. We focus on enabling blockchain communities to develop and
stake on our platform. The platform is built to enable our various user groups
of blockchain companies and their communities, as well as cryptocurrency
exchanges and staking platforms to host their Nodes at affordable prices and
utilize our one-click deployment. Our decentralized resources provide at least
99.99% uptime, higher resilience and minimized latency of their network. The Iconworld
platform provides updates and maintenance for all mainnet integrations and
Nodes and will ultimately host entire cryptocurrency exchanges.
Iconworld cloud technology
Iconworld’s technology incorporates distributed Kubernetes clusters into one
single cloud computing system with a unified user interface/experience. The Iconworld
custom-built blockchain runs Smart Contract over Tendermint. We use a
proprietary scheduling system to combine resources within various locations and
are planning to extend our distributed cloud computing towards Edge Computing.
The Iconworld blockchain is built to provide payment and metering services for
the Iconworld cloud service. The blockchain and token are also used to
facilitate on-chain governance. Iconworld is not a public blockchain and Dapps
platform. We are building a blockchain which is created specifically to provide
payment and metering services for the Iconworld cloud platform, rather than
provide services for DAPPs of customers.
Iconworld token
The Iconworld token is an important component of our on-chain governance. Iconworld
currently implements a triple token model, where BEP-2 and Native token
co-exist together. This model will be phased out and in the near future we will
only convert all Iconworld BEP-2 tokens to Native Iconworld tokens.
The Iconworld token is listed in various formats in major and smaller
centralized and decentralized exchanges around the world. Having our tokens traded across many
exchanges not only provides the necessary liquidity but also prevents single
players from owning and trading our tokens.
3. Ownership of Service and Customer Data
3.1 Intellectual Property. The technology and content
used to offer, or provided in connection with, our Platform and Website,
including the software, text, displays, images, video, and audio, and the
design, selection and arrangement thereof, are exclusively owned by Iconworld
Inc., its licensors or other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret and
other intellectual property or proprietary rights laws.
3.2 Customer Data and Privacy. Iconworld ensures apps
utilize the latest version of Docker containers that carry with them up-to-date
security patches. Containers are segregated within a host using namespaces; it
is not possible for containers to communicate between namespaces, even when on
the same host. Iconworld does not log anything sensitive to user privacy at
all. However, in some cases we add an engineer of one of our clients to our Key
Management System (KMS) GitHub repo to ensure that any key can be passed to our
client safely. We will ultimately supply two ways for manage our clients’ key
info: (1) via SDK; and 2) by managing key on the web manage system (available
by March 2020).
4. Grant of Rights
Subject to the terms and conditions of this Agreement, Iconworld
hereby grants to Customer the non-exclusive, non-transferable (except as
specified in Section 13.8 (Assignment)), worldwide,
royalty-free right to access and use the Service to develop, launch and manage
Nodes solely for Customer’s own internal business purposes subject to the terms
and conditions of this Agreement.
5. Customer Responsibilities
5.1 Customer Responsibilities. Customer is responsible
for all activity occurring under Customer’s accounts, and for complying with all
laws and regulations applicable to Customer’s use of the Service. Customer also
must (a) notify Iconworld promptly upon becoming aware of any unauthorized use
of any Customer password or account (or any other breach of security of the
Service), and (b) notify Iconworld promptly upon becoming aware of, and make a
reasonable effort to stop, any unauthorized copying, distribution or misuse of
any aspect of the Service.
5.2 Use Restrictions. Customer must not, without Iconworld’s
prior written consent, cause or permit the: (a) use, copying, modification,
rental, lease, sublicense, transfer, or other commercial exploitation of, or
other third party access to, any element of the Service, except to the extent
expressly permitted by this Agreement; (b) creation of any modifications or
derivative works of the Service; (c) reverse engineering of the Service; (d)
gaining of unauthorized access to the Service or its related systems or
networks; (e) interference with or disruption of the integrity or performance
of the Service or the data contained therein.
6. Privacy
At Iconworld we are concerned about Customer privacy and we have
developed a policy to address any privacy concerns Customer may have. For more
information, please see Iconworld’s Privacy Policy. At Iconworld we do not
collect any Personally Identifiable Information about our users unless a user
voluntarily provides that information. Information from a user is only
collected when they voluntarily fill out a form on our website. This
information is treated as personal and kept confidential, it is collected in
order to help Iconworld fulfill Customer’s requests. Iconworld will not sell,
share, or rent information to any third-party.
7. Term/Termination
7.1 Term of Agreement. This Agreement will begin on
the Effective Date and will continue in perpetuity with full-force and effect
until terminated.
7.2 Termination of Use. Iconworld may, in its sole
discretion, at any time discontinue providing or limit access to the website,
any areas of the website or content provided on or through the website.
Customer agrees that Iconworld may, in its sole discretion, at any time,
terminate or limit Customer’s access to, or use of, the website or any content.
Iconworld may terminate or limit Customer’s access to or use of the website if Iconworld
determines, in its sole discretion, that Customer has infringed the copyrights
of a third party. Customer agrees that Iconworld shall not be liable to
Customer or any third-party for any termination or limitation of access to, or
use of, the website or any content, including content that Customer may have
shared. Customer may terminate in accordance with Section 7.2.
7.3 Effect of Termination. Sections 1,2 5.2, 7,8, 9, 10.2,
11, 12, 13, 14, and 15 of this Agreement will survive any expiration
or termination of this Agreement.
8. Fees & Payment
8.1 Purchasing Nodes. Customer or Customer’s
Authorized Users may purchase any number of Nodes to be developed, launched,
and managed via the Platform. Fees for Nodes can either be on a per month or
per week subscription basis.
8.2 Recurring Payments. Unless otherwise provided in
an Order, at the time of Customer’s first purchase on the Platform Customer
will be required to provide valid payment information. Unless otherwise
provided in an Order, by purchasing a subscription to a Node, Customer
acknowledges and agree that each Node has an initial and recurring payment
charge at the then-current per Node per month (or per week) Fee, and Customer
agrees that Iconworld, or its third-party payment processor, may submit monthly
charges to Customer’s chosen payment method without further authorization from
Customer, unless and until Customer provide written notice (via email or
through the Platform) to Iconworld that Customer wishes to cancel its subscription
or change its payment method.
8.3 Payment Method. Customer agrees to keep a valid
payment card or cryptocurrency wallet on file with Iconworld. If Customer’s
payment card expires or its cryptocurrency wallet is depleted, Customer must
notify Iconworld immediately.
8.4 Fees. All Fees are either in cryptocurrency or
U.S. dollars and exclusive of all sales, use, and other applicable taxes, all
of which shall be for Customer’s account. Iconworld shall automatically charge
Customer any such taxes and indicate such taxes as a separate line item in
Customer’s monthly or weekly payment receipt. Unless expressly provided in this
Agreement, all Fees are non-refundable.
8.5 Suspension for violation. In addition to Iconworld’s
other rights and remedies under this Agreement and at law, Iconworld may
suspend Customer’s access to the Platform if we are unable to process any
payment due to an expired or invalid payment card or a depleted cryptocurrency
wallet. Iconworld will use commercially reasonable efforts to notify Customer
and provide Customer an opportunity to provide updated payment information
prior to suspending access.
9. Third Party Interactions
The Platform and Website may contain links to third-party websites.
These links are provided solely as a convenience to Customer and should not be
interpreted by us as an endorsement of the content on the individual
third-party websites. Any third-party products and services and any terms
associated therewith are between Customer and the relevant third parties. Iconworld
does not support, license, control, endorse or otherwise make any
representations or warranties regarding any third-party products or services
under this section, and in no event will Iconworld have any liability
whatsoever in connection therewith.
10. Warranties and Disclaimer
10.1 Disclaimer. Except where expressly provided
otherwise, The Website, Platform, their components, any documentation and all
content provided on or through the Website, are provided on an “as is” and “as
available” basis. Iconworld expressly disclaims all warranties of any kind,
whether express or implied including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement with respect to the Website and all content provided on or
through the Website.
10.2 Representations and Warranties. Iconworld makes
no warranty that: (1) The Website or content will meet Customer’s requirements;
(2) The Website will be available on an uninterrupted, timely, secure, or
error-free basis; (3) The results that may be obtained from the use of the
Website or any content provided on or through the Website will be accurate or
reliable; or (4) the quality of any content purchased or obtained by Customer
on or though the Website will meet Customer’s expectations. Additionally,
Customer represents and warrants to Iconworld that (a) Customer has obtained
and shall obtain all necessary rights and consents to provide Iconworld with
the Customer Data including, with respect to any personal information contained
therein, the express consent from any applicable individuals to disclose and
transfer such information to Iconworld for the purposes contemplated herein,
and (b) that the Customer Data and the Nodes do not and shall not infringe, misappropriate,
or otherwise violate the rights of any third party including, without
limitation, intellectual property rights.
10.3 Exclusions and Limitations. Some jurisdictions do
not allow the disclaimer or exclusion of certain warranties or the disclaimer,
exclusion or limitation of certain liabilities. To the extent that they are
held to be legally invalid, disclaimers, exclusions, and limitations set forth
in these terms of use, including those set forth in section 8 and 10, do not
apply and all other terms shall remain in full force and effect.
11. Indemnification
Customer agrees to indemnify and hold harmless Iconworld, its
officers, directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, which include settlements costs and
reasonable attorneys’ fees due to or arising out of a third party claim
regarding or in connection with (i) Customer’s use or an Authorized Users’ use
of the Services or breach of these Terms; (ii) Customer’s Nodes; or (iii) Customer
or any of Customer’s Authorized Users’ gross negligence or willful misconduct,
to the extent that such liabilities, damages and costs were caused by Customer
or its Authorized Users.
12. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BUT
ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ICONWORLD, ITS LICENSORS
AND AGENTS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR DAMAGES MEASURED BY LOST
PROFITS, OR FOR DAMAGES FOR LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF USE,
LOSS OF DATA OR OTHER INTANGIBLE OR SPECULATIVE LOSSES, EVEN IF ICONWORLD HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR
INABILITY TO USE THE SERVICES OR THE WEBSITE; THE COST OF SUBSTITUTE GOODS OR
SERVICES; ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THOUGH OR FORM THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSION OR DATA,
STATEMENTS OR CONDUCT OF ANYONE RELATED TO THEE SERVICES; THE PERFORMANCE OF
NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR ANY PROVIDER
OR THIRD PARTY WEBSITE, OR ANY OTHER MATTER RELATING TO THE SERVICES OR THE
WEBSITE.
The limitation of liability set above does not apply to liability resulting
from our gross negligence or willful misconduct or death or bodily injury
caused by products Customer purchases through the Website. The foregoing does
not affect any liability which cannot be excluded or limited under applicable
law.
13. Confidentiality
13.1 Purpose. Recipient must not use any of
Discloser’s Confidential Information for any purpose other than carrying out
Recipient’s obligations or exercising its rights under this Agreement.
13.2 Permitted Disclosures and Obligations. Recipient
also must not disclose to any third party any Confidential Information, other
than to Recipient’s Affiliates, contractors and consultants who (a) need
to know such information in order to fulfill the Purpose, and (b) are
bound by confidentiality obligations substantially similar to Recipient’s under
this Agreement (each Party is fully responsible for its respective Affiliates’,
contractors’ and consultants’ compliance with this Agreement). Recipient must
treat all Discloser Confidential Information with the same degree of care
Recipient gives to its own Confidential Information, but not less than
reasonable care. Further, neither Party may disclose publicly the existence or
nature of any negotiations, discussions or consultations in progress between
the Parties without the prior written consent of the other
Party. Recipient and its Affiliates, contractors and consultants who
receive Confidential Information hereunder must: (i) not use any such
Confidential Information to compete with Discloser or in any other way except
as reasonably necessary for the Purpose; (ii) not reverse engineer,
disassemble or decompile any prototypes, software or other tangible objects
received from Discloser under this Agreement that embody Confidential
Information; (iii) promptly notify Discloser of any unauthorized use or
disclosure of its Confidential Information of which Recipient becomes aware;
and (iv) reasonably assist Discloser in remedying any such unauthorized
use or disclosure.
14. General
14.1 Governing Law and Venue. This Agreement and any
Services provided hereunder will be governed exclusively by the laws applicable
in the State of California, excluding its provisions on conflicts or choice of
law. Subject to the arbitration provision below, Customer irrevocably and
unconditionally consent to submit to the exclusive jurisdiction and venue of
the state courts in San Francisco County, California or federal court for the
Northern District of California with respect to any dispute or litigation
arising under this Agreement or as the result of any services.
14.2 Binding Arbitration. Any dispute, claim or
controversy arising out of or relating to the services, this agreement or the
breach, termination, enforcement, interpretation or validity thereof, including
the determination of the scope or applicability of this agreement to arbitrate,
shall be determined by binding arbitration rather than a court in San
Francisco, California before a sole arbitrator. The arbitration shall be
administered by JAMS pursuant to streamlined arbitration rules and procedures,
and the arbitrator shall apply the laws applicable in the state of California.
Judgment on the award may be entered in any court having jurisdiction as
specified above under “governing law and venue.” This clause shall not preclude
parties from seeking injunctions or other forms of equitable relief or
provisional remedies in aid of arbitration from a court of appropriate
jurisdiction. Customer agrees that all disputes must be brought in Customer’s
individual capacity and not as a Plaintiff or class member in any purported
class or representative proceeding. By entering into this agreement and
agreeing to arbitration, Customer agrees that it is waiving the right to file a
lawsuit and the right to a trial by jury. In addition, Customer agrees to waive
the right to participate in a class action or litigation on a class-wide basis.
Customer agrees that it has expressly and knowingly waived these rights. In any
arbitration, the arbitrator may, in the award, allocate all or part of the
costs of the arbitration including the fees of the arbitrator and the
reasonable attorneys’ fees of the prevailing party, and shall determine the
prevailing party for this purpose.
14.3 Limitation on Time to File Claims.
Any cause of action or claim Customer may have arising out of or relating to
these Terms of Use or the Website must be commenced within one (1) year after
the cause of action accrues; otherwise, such cause of action or claim is
permanently barred.
14.4 Waiver and Severability. The failure of Iconworld
to exercise or enforce any rights or provisions in these Terms of Use shall not
constitute a waiver of such right or provision. If any part or provision of
these Terms of Use is found to be unenforceable, such part or provision may be
modified to make the Terms of Use as modified legal and enforceable. The
balance of the Terms of Use shall not be affected.
14.5 Force Majeure. If either Party is prevented from
performing, or is unable to perform, any of its obligations under this Agreement
(other than payment obligations) due to any cause beyond its reasonable
control, e.g. war, riots, labor unrest, fire, earthquake, flood, hurricane,
other natural disasters and acts of God, internet service failures or delays,
and denial of service attacks (collectively, “Force Majeure”), the affected
Party’s performance will be excused for the resulting period of delay or
inability to perform.
14.6 Persons Not the Age of Majority. Persons who are
not the age of majority are not eligible to use the Website, and we ask that no
information in relation to such persons be submitted to us.
14.7 Geographic Restrictions. The owner of this
Website is based in the State of California in the United States. We make no
claims that the Website or any of its content is accessible or appropriate
outside of the United States. Access to the Website may not be legal by certain
persons or in certain countries. If Customer accesses the Website from outside
the United States, Customer does so on its own initiative and is responsible
for compliance with local laws.
14.8 Assignment. Customer may not assign, delegate or
transfer these terms or Customer’s rights or obligations hereunder, or
Customer’s Services account, in any way (by operation of law or otherwise)
without the express prior written consent of Iconworld. Iconworld may transfer,
assign, or delegate these terms and our rights and obligations without consent.
14.9 Marketing. During the term, Iconworld is
permitted to identify Customer or Authorized User as an Iconworld Customer or
Authorized User on Iconworld’s website and marketing materials. In connection
therewith, we may use Customer’s corporate name, trade name, trademarks, and
corporate logos. Subject to the doctrine of fair use, all use will be done in
goodwill and will inure solely to Customer’s benefit.
14.10 Anti-Corruption. Customer acknowledges it has
not received or been offered any illegal or otherwise improper bribe, kickback,
payment, gift or other thing of value by an Iconworld employee, representative
or agent in connection with this Agreement. Customer will use reasonable
efforts to promptly notify Iconworld if Customer becomes aware of any
circumstances that are contrary to this acknowledgement.
14.11 Independent Contractors. The parties are
independent contracting parties. Neither Party has, or will hold itself out as
having, any right or authority to incur any obligations on behalf of the other
Party. The Parties’ relationship in connection with this Agreement will not be
construed as a joint venture, partnership, franchise, employment, or agency
relationship, or as imposing any liability upon either Party that otherwise
might result from such a relationship.
14.12 Notices. All legal notices (e.g., notice of
termination of this Agreement or an order form based on a material
breach) required under this Agreement must be delivered to the other Party
in writing (a) in person, (b) by nationally recognized overnight delivery
service, or (c) by certified U.S. mail (requiring signature) to the other
Party’s corporate headquarters, Attention: Legal Department. With respect
to all other notices, Customer may email Iconworld at hello@iconworld.com, and Iconworld
may email Customer’s billing contact identified on the applicable order
form(s). Either Party may change its notice address by giving written
notice to the other Party.
14.13 Entire Agreement. This Agreement, together with
all orders (if any) that Customer has executed with Iconworld, comprises the
entire agreement between Customer and Iconworld regarding the subject matter of
this Agreement, supersedes all prior or contemporaneous negotiations,
discussions or agreements, whether written or oral, between the Parties
regarding such subject matter, and may only be modified by a document signed by
authorized representatives of both Parties.
15. Defined Terms
As used in this agreement:
“Authorized User(s)” means Customer’s customers, employees,
representatives, consultants, contractors and agents who have been authorized
by Customer to use the service;
“Confidential Information” means information and materials
provided by the disclosing Party (“Discloser”) to the Party receiving
such information or materials (“Recipient”) that (i) are identified as
confidential at the time of disclosure, or (ii) a reasonable person in the
relevant industries should understand to be confidential based on the nature of
the information and materials and all other relevant factors. For the avoidance
of doubt, Customer’s Confidential Information includes the Nodes, the Customer
Materials and any non-public information or material regarding Customer,
Customer’s legal or business affairs, financing, employees, or data. Iconworld’s
Confidential Information includes the Platform, the Website, the Aggregate
Data, the Usage Data, and any and all source code relating thereto and any
other non-public information or material regarding our legal or business
affairs, financing, customers, properties, pricing, products, services, or
data;
“Customer Data” means any data, information or material
received by the Service from Customer or Customer’s users in the course of
accessing or using the Service;
“Node” means an individual database instance in a
blockchain containing a copy of the full ledger of such database, and capable
of validating transactions within such database; and
“Service” means the 50+ available blockchain nodes that Iconworld
can provide to developers via its node hosting application that is available in
the app store and on the Iconworld cloud platform.