Last Updated: March 2019
Please read our Community Rules carefully as they contain important information about your legal rights, remedies and obligations when you join, or are a Guest of, our Community. By participating in our Community you agree to comply with and be bound by these Community Rules. They constitute a legally-binding agreement between you and other Members of our Community, governing your access to and use of our Community Platform.
Account means a Member’s portal on our Community Platform for their Digital Currencies where they can view their Balances and make Deposits and Withdrawals
Applications means our Community Platform web applications, bots, mobile apps and program interfaces, which includes our Websites, Accounts, Transfers, and TIG Exchange
Balance means the value of a Digital Currency held by a Member on the Blockchain, based on publicly available information from the Blockchain which can be viewed in our Accounts section of our Community Platform (as an approximation) in any currency selected by a Member
Blockchain means a decentralised digital platform for coins and tokens (such as Bitcoin, Ethereum and ERC 20 tokens)
Code of Conduct means our Code of Conduct published on our Websites
Community means our decentralised community of Members who use our Community Platform to access their Digital Currency (Accounts), and to Send and Receive Money (Transfers)
Community Content means content on our Community Platform including (i) Accounts, (ii) Transfers, (iii) content which a Community Member may create, upload, post, send, receive and store about themselves, such as a profile pictures, favicons, nicknames, contact details or other materials and personal information, (iv) content licensed or authorised for use by or through our Community Platform from a Community Partner or third party, and (v) other content that we make available on or through our Community Platform
Community Fees means any fees and charges for Members to use our Community Platform
Community Loan Program means the program described in paragraph 12
Community Partner means a business who supports our Community Platform as described in paragraph 6
Community Platform means our Websites, Applications and Services
Community Rules means these Community Rules (including our Policies)
Deposit means to acquire Digital Currency on the Blockchain
Digital Currency means a coin or token on the Blockchain (also referred to as “Money”)
Eligibility Requirements means the eligibility requirements to Join our Community which are set out in paragraph 3
Eligible Person means a person who meets our Eligibility Requirements
Guest means a person who accesses and uses our Community Platform on a casual basis as described in paragraph 4
Identity Verification means providing your identity details and address on our Community Platform
Interaction means when you interact with a Member or Guest on our Community Platform - for example, when you Send or Receive Money, use our TIG Cash App or trade on our TIG Exchange (and Interact has a corresponding meaning)
Interest means interest on Accounts under our Community Loan Program as described in paragraph 12
Join means becoming a Member of our Community to access and use our Community Platform (and Joined and Joining have a corresponding meaning)
Member means a Member of our Community who accesses and uses our Community Platform as described in paragraph 5
Member Portal means any password-protected sections of our Website for a Member to access information about their Digital Currencies using our Community Platform
Receive means for a Member or Guest to receive Digital Currency by electronic means (for example, on social media) from another Member or Guest using a Transfer
Send means for a Member or Guest to send Digital Currency by electronic means (for example, on social media) to another Member or Guest using a Transfer
Services means our associated services, technologies and digital tools
Standard Terms means the Standard Terms published on our Websites which apply to a direct contract between Members when they use our TIG Cash App
Tax means any tax in your jurisdiction, including value-added tax, sales taxes, income tax, financial institution tax and capital gains tax, however described in your jurisdiction
Tax Authority means an appropriate governmental tax agency, tax department and/or tax authority in your jurisdiction
TIG means our Community
TIG Exchange means the TIG Exchange on our Website www.tigexchange.com
TIG Cash App means any browser application on one or more of our Websites (included in BETA2) and/or mobile application obtainable from an app store (under development) for Members to interact with each other on our Community Platform to Deposit and Withdraw cash in their local currency.
TIG Help means our help and conflict resolution service available to Members on our Community Platform
Tigereum means the Digital Currency called Tigereum on the Ethereum Blockchain with contract address 0x749826F1041CAF0Ea856a4b3578Ba327B18335F8
Transfer means a digital certificate created by a Member or Guest on our Community Platform to Send or Receive Money using our Community Platform
“We”,“us”,“our” refers to our Community
Websites means our Community Platform website hellotig.com and our TIG Exchange website www.tigexchange.com (and any subdomains and other websites including www.tigereum.io and www.tigereum.com)
Withdraw means to sell Digital Currency on the Blockchain1. ABOUT OUR COMMUNITY
1. ABOUT OUR COMMUNITY 1.1 We are a decentralized Community consisting of Members who access, use, and support our Community Platform to access and use their Digital Currencies on the Blockchain.
1.2 Anyone can Join our Community, subject to meeting our Eligibility Requirements (see paragraph 3 below), and complying with these Community Rules.
1.3 These Community Rules also apply to Guests who access and use our Community Platform as if they were a Member, unless otherwise stated. 2. INTERFACE FOR DIGITAL CURRENCIES
2.1 Our Community Platform is an interface for Digital Currencies.
2.2 Our mission is to develop better ways for Members to use and access their Digital Currencies by using our Community Platform.
2.3 All Digital Currencies of Members are the individual assets of Members on the Blockchain. Our Community Platform simply provides an alternative (and hopefully better) interface for Members to use and access any Digital Currencies they may have on the Blockchain.
2.4 Our Community is not a Blockchain platform or a Digital Currency, and we do not control the rules which govern any Blockchain platform or Digital Currency which Members may access using our Community Platform.
2.5 Our Community does not guarantee the value of any Digital Currencies owned by a Member.
2.6 Where a Member chooses to view the approximate value of a Digital Currency on our Community Platform in a fiat currency, we provide an approximated value based on publicly available information from the Blockchain and an average of currency exchange rates. Our Community does not represent that the approximated value of a Digital Currency in a selected currency can be realised by a Member if they were to convert their Digital Currency into that currency by whatever means may be available to them.
2.7 Our Community Platform is not integrated with all Digital Currencies. We publish on our Websites a list of those Digital Currencies which are integrated with our Community Platform.
2.8 The use of and access to a Member’s Digital Currencies is governed by the rules which are determined by the Blockchain platform of the relevant Digital Currency, not by these Community Rules. Where there is any inconsistency between the governing rules of a Blockchain platform and these Community Rules, the governing rules of the Blockchain platform will prevail.
2.9 We sometimes use the term “Money” on our Community Platform to describe Digital Currencies which we have integrated with our Community Platform. This is not intended to infer that Digital Currencies are money issued by a government, or that Digital Currencies on the Blockchain are regulated, licensed, guaranteed, sovereign risk or protected in any way.
2.10 Members should familiarise themselves with the operation of Digital Currencies and Blockchain platforms before using our Community Platform. Members should only use our Community Platform if they understand the risks of Digital Currencies on the Blockchain. Members should appreciate that the Blockchain is an emerging tool for financial markets and that there are inherent significant risks to holders of Digital Currencies during these developmental stages of the Blockchain.
2.11 Our Community does not take any responsibility for compliance with local laws by Members or by Blockchain platforms who create and issue Digital Currencies which Members choose to acquire. 3. ELIGIBILITY REQUIREMENTS
3.1 You must be at least 18 years old and able to enter into legally-binding contracts to Join our Community, and to access and use our Community Platform as a Guest or Member. If not, you are not eligible to Join our Community or access our Community Platform.
3.2 You represent and warrant that you comply with any applicable export control laws in your local jurisdiction. If so, you are eligible to Join our Community and access our Community Platform.
3.3 You represent and warrant that neither you nor any other Guest or Member you Interact with is: (i) located in a country that is subject to a government embargo or sanction, or that has been designated by a government as a "terrorist supporting" country; and (ii) not listed on any government list of sanctioned, politically exposed, prohibited or restricted persons. If either of those apply, you are not eligible to Join our Community or access our Community Platform.
3.4 Guests and Members are responsible for identifying, understanding and complying with all laws, rules and regulations that apply to their Digital Currencies and their use of our Community Platform. For example, some countries have laws that prohibit or restrict the use of Digital Currencies. In some countries, Guests or Members may have to register, get a permit or obtain a licence before using Digital Currencies or our Community Platform. Guests and Members are alone responsible for identifying and obtaining any required licences, permits or registrations applicable to them in their local jurisdiction.
3.5 Certain activities on our Community Platform may be prohibited altogether in your country. Penalties may include fines or other enforcement. If you have questions about how local laws apply to Digital Currencies or our Community Platform, you should always seek legal guidance. You represent and warrant that your use of Digital Currencies and our Community Platform complies with all local laws in your jurisdiction. If not, you are not eligible to Join our Community or access our Community Platform.
3.6 Members access and use certain enhanced areas or features of our Community Platform subject to any conditions or requirements that may apply, such as completing an Identity Verification process, meeting specific quality or eligibility criteria, complying with our Policies, using our Standard Terms and complying with these Community Rules.
3.7 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation or verification of any Members’ identities or addresses provided by them.
3.8 Notwithstanding the above, for transparency and fraud prevention purposes and as permitted by applicable laws, we may, but have no obligation to: (i) ask Members to provide a form of government identification or other information, or undertake additional checks designed to help verify the identities or backgrounds of Members; (ii) screen Members against third-party databases or other sources and request reports from service providers; and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background checks in your local jurisdiction (if available).
3.9 Members’ access to or use of certain enhanced areas and features of our Community Platform may be subject to specific policies, standards or guidelines, or may require that they accept additional Community rules and conditions. If there is a conflict between these Community Rules and specific policies, standards or guidelines or additional Community rules and conditions applicable to a certain area or feature of our Community Platform, the specific policies, standards or guidelines and additional Community rules and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3.10 If you access or download any Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Community Rules. Some areas of our Community Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Community Rules.
3.11 We may at our discretion ban a person from Joining our Community or accessing our Community Platform for any reason. If so, you are not an Eligible Person.
3.12 These Eligibility Requirements apply to Members who use our TIG Exchange, but they do not apply to other Exchanges. 4. GUESTS
4.1 An Eligible Person may use our Community Platform as a Guest, subject to these Community Rules.
4.2 Guests may use our Community Platform on a casual basis to Send and Receive Digital Currencies using Transfers on our Community Platform.
4.3 The following aggregated daily limit applies to a Guest’s use of our Community Platform: Sending Digital Currencies to the value of US$250 when a Guest uses card payments without Identity Verification.
4.4 When you use our Community Platform as a Guest from time to time, we may collect data which is publicly available about you where this is reasonably required for us to monitor your use of our Community Platform, to monitor your aggregate daily limits, and to monitor your compliance with our Community Rules. This may include data about your IP address, location, device ID, social media ID and publicly available personal information we collect from those sources.
4.5 We may also ask you to voluntarily provide additional information about yourself when we detect that you are regularly accessing and using our Community Platform as a Guest. 5. MEMBERS
5.1 An Eligible Person may Join our Community as a Member.
5.2 To Join as a Member, you may use an email address or mobile phone number and create a password, or you may use your account with a third-party social networking service such as Facebook or Google.
5.3 Members are also required to provide Identity Verification, and upon doing so you may be granted access to enhanced features of our Community Platform.
5.4 When Identity Verification is required, you must provide accurate, current and complete Identity Verification. You must keep your Identity Verification information up-to-date at all times in your profile on our Community Platform. We accept your Identity Verification information in good faith and do not accept any responsibility to check this information.
5.5 You may not Join more than once. You may not assign, pass control over, or otherwise transfer your Membership to another party.
5.6 You are responsible for maintaining the confidentiality and security of your registration password and may not disclose your password to any third party. You must immediately notify us if you know or have any reason to suspect that your password has been lost, stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorised use of your registration.
5.7 You are liable for any and all activities conducted under your profile as a Member.
5.8 If you become a Member, you grant us all permissions and licences provided in these Community Rules.
5.9 Upon becoming a Member, we will automatically create an Account for you to acquire Digital Currency which can be viewed in your local currency. You may also acquire Digital Currencies which can be viewed in other currencies.
5.10 You may use our Community Platform to Send and Receive Digital Currencies with other Members and with Guests using Transfers.
5.11 The following aggregated daily limits apply to Members when you Deposit or Withdraw, and when you use Transfers: (i) Digital Currency to the value of US$250 when you use a card payment; (ii) Digital Currency to the value of US$1,000 when you use cash; and (iii) Digital Currency to the value of US$10,000 when you use Digital Currency from an Account.
5.12 Our Standard Terms apply to any contract made directly between you and another Member when you use our TIG Cash App.
5.13 You agree to our Community Platform knowing the private key of any Blockchain digital wallet in which you hold Digital Currencies which are integrated with our Community Platform, and you authorise our Community Platform to use your private key to execute any instructions you give us from time to time when you use our Community Platform. 6. COMMUNITY PARTNERS
6.1 An Eligible Person, or a company whose directors and officers are Eligible Persons, may apply to become a Community Partner.
6.2 We may accept an Eligible Person (or a company owned or managed by an Eligible Person) becoming a Community Partner in our absolute discretion.
6.3 Community Partners may provide services to our Community for payment, to build and support our Community Platform.
6.4 Community Partners do not become a party to, or other participant in, any contractual relationship between Members who use our Community Platform. They do not act as an agent for or partner of any Member. They are not a party to Standard Terms. They do not hold any Digital Currencies, money in bank accounts or cash for Members.
6.5 While our Community Platform may use Community Partners to help facilitate the resolution of disputes, Community Partners have no control over and do not guarantee: (i) the existence, quality, safety, suitability or legality of our Community Platform; (ii) the truth or accuracy of any Community Content; or (iii) the performance or conduct of any Member or third party.
6.6 Community Partners do not provide any endorsement, certification or guarantee about any Member, including any Member's identity or background or whether the Member is trustworthy, safe or suitable. Members should always exercise their own due diligence and care when deciding whether to interact with another Member, whether online or in person.
6.7 A Community Partner’s relationship with our Community is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, partner or Member of our Community for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of, or for the benefit of, our Community. We do not, and shall not be deemed to, direct or control any Community Partner generally or specifically, including in connection with their provision of any services to our Community, other than as provided for in these Community Rules.
6.8 Our Community Platform may contain links to third-party websites or resources provided by Community Partners (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practises, and their own intellectual property rights. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by our Community of such Third-Party Services or the Community Partner who provides them. 7. ACCOUNTS
7.1 Members may use the Accounts feature of our Community Platform to view the Balances of Digital Currencies they may have on the Blockchain (subject to those Digital Currencies being integrated with our Community Platform).
7.2 All Digital Currencies viewed in an Account on our Community Platform are owned by a Member directly in a digital wallet on the Blockchain, and they are the sole responsibility of the Member.
7.3 Our Community does not guarantee the value of any Digital Currencies owned by a Member.
7.4 Members may view the value of their Digital Currencies in any currency, including a fiat currency. When a Member chooses this feature, we provide an approximation only, based on publicly available information on the Blockchain and an average of currency exchange rates. Our Community does not represent that the value of a Digital Currency in another currency can be realised if converted to that currency.
7.5 Members may participate in our Community Loan Program to earn Interest on any of their Accounts. Interest rates are published on our Websites, and may vary from time to time. Members agree to limit their Withdrawals for up to 3 months to be entitled to receive Interest.
7.6 Members may use our Community Platform to transfer Digital Currencies between Accounts on our Community Platform, to Send and Receive Digital Currencies to/from Accounts using Transfers, and to Deposit and Withdraw Digital Currencies to/from Accounts. When this occurs, our Community Platform uses the private key of the Member to make a transfer within the digital wallet of the Member on the Blockchain.
7.7 An Account is not an actual account of value with an actual balance held by our Community Platform on behalf of a Member. It is simply a representation of the approximate value of a Digital Currency in a Member’s digital wallet on the Blockchain based on the information accessed by our Community Platform from the Blockchain. 8. DEPOSITS AND WITHDRAWALS
8.1 Members may use our Community Platform to acquire or dispose of Digital Currencies in digital wallets on the Blockchain (subject to a Digital Currency being integrated with our Community Platform).
8.2 When Members make a Deposit, they acquire a Digital Currency using our Community Platform and increase the number of that Digital Currency which they hold in their digital wallet on the Blockchain.
8.3 When Members make a Withdrawal, they dispose of a Digital Currency using our Community Platform and decrease the number of that Digital Currency which they hold in their digital wallet on the Blockchain.
8.4 When a Member wishes to make a Deposit or Withdrawal using our Community Platform, we do not guarantee that a Member can acquire or dispose of a selected Digital Currency for the value which is estimated on our Community Platform, or at all.
8.5 It is the intention of our Community that we hold fiat currencies in bank accounts so that we are in a position to enable Members to dispose of a selected Digital Currency from time to time for fiat currency (for example, as a Transfer to the Member’s bank account), however there is no obligation on our Community to do so for any Member at any time for the value which is estimated on our Community Platform, or at all. 9. SEND AND RECEIVE
9.1 A Member or Guest may Send and Receive money to/from friends and family using the Transfer feature on our Community Platform.
9.2 When Members and Guests use our Community Platform to Send money, they send their own Digital Currencies which they hold in digital wallets on the Blockchain.
9.3 When a Member or Guest Sends money using a Transfer, their Digital Currency is transferred into a stand-alone one-time digital wallet (which is what we call a “Transfer” on our Community Platform), and this Transfer is given a URL link so that it can be shared with a friend or family member.
9.4 Each Transfer created on our Community Platform will certify: (i) the Digital Currency it holds; (ii) the amount of that Digital Currency (that is, the number of coins or tokens); (iii) a digital wallet address where the Digital Currency is held on the Blockchain; (iv) the date and time when the Transfer was created; (v) digital signatures representing the identity of the Member or Guest who created the Transfer; (vi) a unique reference number for tracking the Transfer on our Community Platform; and (vii) a URL link so that the Transfer can be shared with a friend or family member on social media.
9.5 Any Member may use our Community Platform to Deposit the Digital Currency which is in a Transfer’s digital wallet into their Account, and any Member or Guest may deposit the cash equivalent value of the Digital Currency in the Transfer into a nominated bank account.
9.6 We do not accept any responsibility for the accuracy, completeness or value of a Transfer. It is your responsibility to check any Transfer you have. If you have any concerns about the accuracy or completeness of a Transfer, please contact TIG Help for further assistance and to resolve disputes.
9.7 A Transfer expires 12 months after it has been created. If a Transfer expires, the Digital Currency becomes an asset of our Community. The value of this Digital Currency is used to help fund our Community Platform. 10. TIG CASH APP
10.1 Any Member may Interact with another Member using the TIG Cash App to Deposit and Withdraw cash to/from digital wallets for Digital Currencies which are integrated with our Community Platform.
10.2 When Members use our TIG Cash App to Deposit and Withdraw cash, they acquire and dispose Digital Currency in digital wallets on the Blockchain between each other using our Community Platform.
10.3 A Member’s limit for an Interaction with another Member on the TIG Cash App is Digital Currency to the value of US$1,000. A Member’s aggregated daily limit for all Interactions on the TIG Cash App is Digital Currency to the value of US$10,000.
10.4 Our Standard Terms – TIG Cash App apply to Interactions between Members when using the TIG Cash App.
10.5 You consent to your profile being made available to Members on the TIG Cash App so that Members nearby can find you and seek to Interact with you. Your profile details may include a profile picture and your name. Stylised favicons and nicknames are permitted. Your approximate location may also be shown. You can turn these features on and off as you wish.
10.6 The TIG Cash App is free. Our Community does not charge for Deposit or Withdrawals of cash using the TIG Cash App. However, we cannot and do not prevent Members who may seek to charge a fee to other Members for Interacting with them using the TIG Cash App. Any agreement between Members about fees is an ancillary agreement between those Members and stands outside the Standard Terms. TIG Help will not get involved in disputes about ancillary fee agreements involving the TIG Cash App.
10.7 Members are responsible for compliance with any local laws and regulations which may apply to their use of the TIG Cash App.
10.8 We may prevent a Member from using the TIG Cash App in our absolute discretion, and will do so where a Member does not act in a manner which is consistent with our Community Rules and Policies.
10.9 TIG Cash App can be installed from the Google Play Store and the Apple App Store. Members must comply with the terms and conditions of Google and Apple. 11. TIG EXCHANGE
11.1 Members may use our Community Platform exchange TIG Ex (www.tigexchange.com) to buy and sell coins and tokens using Tigereum.
11.2 TIG Ex is not a third-party exchange. The only trading currency is Tigereum. The only users are our Members. TIG Ex is provided as part of our Community Platform as a benefit solely for Members. 12. COMMUNITY LOAN PROGRAM
12.1 We have a Community Loan Program because we are a Community. It is one of the ways we help each other.
12.2 Our Community Loan Program is a form of peer-to-peer lending between Members. Members who borrow from our Community pay interest on their Community Loans, and Members who participate in the program earn Interest on their Accounts.
12.3 We prioritise making Community Loans to Members in underbanked communities to promote financial inclusion and improve our Members’ way of life.
12.4 Profits from our Community Loan Program help fund our Community.
12.5 When we loan money to other Members in our Community, we must protect Members’ money. We only loan against secured property. We do not loan more than 50% of the secured property’s value. Maximum loan amount is US$500,000 (or equivalent local currency).
12.6 Members maintain ownership of their Digital Currency when they participate in our Community Loan Program.
12.7 Members can earn Interest on their Accounts by agreeing to maintain a minimum balance of US$1,000 and limiting their withdrawals to US$1,000 per day and US$10,000 per month. These limitations continue to apply for 3 months after a Member notifies us that they want to exit our Community Loan Program. The Interest payable from time to time is published on our Website. Interest is payable monthly in arrears by Deposits into Accounts based on the average balance of the Account over the relevant month.
12.8 We are able to pay Interest when Members agree to limit their withdrawals because the funds needed to be reserved for Withdrawals across our Community Platform are less. We can loan some of these reserves out to other Members instead. We profit-share the revenue we receive from Members who borrow, and pay some of that out as “interest” to Members who participate in the Community Loan Program.
12.9 We have a specialist team of experienced lenders who manage our Community Loan Program. Our team liaises with local agents in each country to document and settle loans, and ensure compliance by our Community.
12.10 In the unlikely event that there is a shortage of funds for Withdrawals, for example, if there has been a significant number of Withdrawals or if there has been a significant deterioration in the value of our Community Loan portfolio, participating Members agree that their Withdrawals can be temporarily stopped until the financial position of the Community Loan Program has been restored.
12.11 It is each Member’s responsibility to ensure their own compliance with local laws, when you participate in our Community Loan Program. Where it would not be permissible for our Community to pay Interest on Accounts, or to make loans to a Member, our Community Loan Program is not open to Members in that country.
12.12 To find out more about our Community Loan Program, you can email our specialist team on [email protected] 13. INTELLECTUAL PROPERTY RIGHTS
13.1 Members may use our Community Platform to create, upload, post, send, receive, store, access and view Community Content.
13.2 Community Content may, in its entirety or in part, be protected by copyright, trademark, and/or other laws of a country.
13.3 You acknowledge and agree that Community Content, including all associated intellectual property rights, is the exclusive property of our Community, the Members and/or licensors, or authorising third-parties who own the intellectual property rights relating to that Community Content.
13.4 You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Community Platform or Community Content.
13.5 Trademarks, service marks, logos, trade names, and any other source identifiers of our Community used on or in connection with our Community Platform may be trademarks of the Community Partner and/or licensor or authorising third party who owns, licenses or authorises them.
13.6 Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with our Community Platform and/or Community Content may be used for identification purposes only and may be the property of their respective owners, which may include a Community Partner.
13.7 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, redeem, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit our Community Platform or any Community Content, except to the extent you are the legal owner of certain Community Content or as expressly permitted in these Community Rules. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us, Members, Community Partners or their licensors, except for the licences and rights expressly granted in these Community Rules.
13.8 Subject to your compliance with these Community Rules, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) download and use our Community Platform on your personal device(s); and (ii) access and view any Community Content made available on or through our Community Platform and accessible to you, solely for your personal and non-commercial use.
13.9 By creating, uploading, posting, sending, receiving, storing or otherwise making available any Community Content on or through our Community Platform, you grant to our Community a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable licence to such Community Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit in any manner such Community Content to provide and/or promote our Community Platform, in any media or platform. Unless you provide specific consent, we do not claim any ownership rights in any Community Content and nothing in these Community Rules will be deemed to restrict any rights that you may have to use or exploit your Community Content.
13.10 You will not post, upload, publish, submit or transmit any Community Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates our Policies. We may, without prior notice, remove or disable access to any Community Content that we find to be in violation of these Community Rules or Policies, or otherwise may be harmful or objectionable to our Community or third parties.
13.11 We respect copyright law and expect our Community to do the same. If you believe that any content on our Community Platform infringes copyrights you own, please notify us immediately.
13.12 To assist Members (and potential new Members) who speak different languages, Community Content may be translated, in whole or in part, into other languages by our Community Partners. We cannot guarantee the accuracy or quality of such translations. Our Community Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. 14. COMMUNITY FEES
14.1 As a decentralized Community, our Members and Community Partners work together to provide our Community Platform as a free service to all Members.
14.2 We may, however, need to charge Community Fees from time to time for specific activities. When this occurs, we will aim to recover costs only. Any Community Fees will be published on our Websites. We reserve the right to change any Community Fees at any time by updating our Community Fees on our Websites.
14.3 Whenever a currency conversion occurs on our Community Platform, we will build in a margin of 2% above the interbank exchange rate. This margin will be utilised to fund the provision and further development of our Community Platform. 15. TIG HELP
15.1 Members may use TIG Help to seek to resolve any disputes between them. We will use our best endeavours to help resolve disputes between Members, however, we do not guarantee that a resolution will be able to be reached.
15.2 In certain circumstances, we may decide, in our sole discretion, that it is necessary to cancel an Interaction which has occurred on our Community Platform and make appropriate refund and payout decisions. This may be for various reasons, for example: (i) where we believe, in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to a Member and our Community; or (ii) where a Member has not followed these Community Rules or our Policies.
15.3 If we decide, in our sole discretion, to cancel an Interaction and refund or reimburse a Member for all or part of the value in dispute, we will seek to restore the Members and our Community to their original positions. 16. TAXES
16.1 You are solely responsible for determining your obligations to report, collect or remit any Tax which may arise from any activity you undertake on or using our Community Platform.
16.2 You understand that a Tax Authority may require Tax to be collected from our Community and/or its Members, and to be remitted to the respective Tax Authority in a particular jurisdiction.
16.3 Tax regulations may require us to collect appropriate Tax information from Members, or to withhold Taxes from payments to or between Members, or both. If a Member fails to provide us with documentation that we determine to be sufficient to satisfy our obligation (if any) to withhold Taxes from payments, we reserve the right to freeze all payments, or withhold such amounts as required by law, or to do both, until resolution.
16.4 If we are required by a Tax Authority to facilitate collection and remittance of Tax from or on behalf of our Community and/or Members, you hereby instruct and authorise us to collect the required Tax via our Community Platform, and to remit such Tax to the Tax Authority. The amount of Tax, if any, collected and remitted by us will be visible to you and separately stated to you on our Community Platform. Where we facilitate collection and remittance of a Tax, no Member is not permitted to collect the same Tax from another Member (as that would be double tax). 17. COMPLIANCE WITH LOCAL LAWS
17.1 Members and Guests are solely responsible for compliance with any and all laws, rules, regulations, licences, permits, reporting, and Tax obligations that may apply to your use of our Community Platform.
17.2 All Members and Guests should be especially mindful of your obligations to comply with laws relating to fraudulent financial transactions, anti money-laundering, counter-terrorist financing and reporting suspicious transactions. These are important compliance issues relevant to our Community, and many countries have their own laws to regulate them in their jurisdiction. It is your responsibility to familiarise yourself with the local laws in your jurisdiction relating to these matters and to comply with them.
17.3 Members and Guests should also be especially mindful of your responsibility to identify, understand, and comply with all laws, rules and regulations that apply to their use of our Community Platform, Digital Currencies, the Blockchain and exchanges for digital assets. For example, some countries have laws that restrict the use of Digital Currencies. In some countries, Members may have to register, get a permit or obtain a licence before using our Community Platform. Members are alone responsible for identifying and obtaining any required licences, permits or registrations applicable to them in their local jurisdiction.
17.4 Certain activities may be prohibited altogether in your country. Penalties may include fines or other enforcement. If you have questions about how local laws apply to our Community Platform, you should always seek legal guidance. You represent and warrant that your use of our Community Platform complies with all local laws in your jurisdiction. If not, you are not eligible to Join our Community or access our Community Platform. 18. CONDUCT IN OUR COMMUNITY
18.1 Our Community Rules and Policies together aim to protect Members and Guests from being adversely affected by non-compliant and illegal behaviour. You must comply with them or we will ban you from continuing as a Member or Guest.
18.2 Our Policies will be published on our Websites and are hereby incorporated by reference into these Community Rules.
18.3 In addition to anything required of Members and Guests in our Community Rules and Policies, you will not and will not assist or enable others to:
breach our Community Rules and Policies;
breach or circumvent any applicable laws or regulations or third-party rights, in any Members’ jurisdiction;
use our Community Platform or Community Content for any commercial or other purposes that are not expressly permitted by these Community Rules or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with our Community;
use our Community Platform for fraud, money-laundering or terrorist financing;
prevent any Member from reporting a suspicious transaction;
use our Community Platform in connection with the distribution of unsolicited commercial messages ("spam");
offer to use the TIG Cash App with a Member if you are not a Member;
use our Community Platform if you do not have the required permit or licence to do so, where a permit or licence is required in your local jurisdiction;
offer to Send Digital Currency which you do not own;
contact another Member for any purpose other than asking a question related directly to our Community Platform, including but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites;
use our Community Platform to set up an Interaction independent of our Community Platform, to circumvent any Community Fees or for any other reason;
request, accept or make any payment between Members outside of our Community Platform;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
misuse or abuse our Community Platform;
use, display, mirror or frame our Community Platform or Community Content, any individual element within our Community Platform, TIG’s name, any TIG trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in our Community Platform, without our express written consent;
dilute, tarnish or otherwise harm the TIG brand in any way, including through unauthorised use of our Community Platform (or any part of it), Community Content, registering and/or using TIG or Tigereum or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TIG or Tigereum domains, trademarks, taglines, promotional campaigns or Community Content;
use any robot, spider, crawler, scraper or other automated means or processes to access or collect data or other content from, or otherwise interact with our Community Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble or otherwise attempt to circumvent any technological measure implemented by us or any of our Community Partners or any other third party to protect our Community Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Community Platform;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of our Community Platform;
export, re-export, import or transfer an Application except as authorised by local law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
18.4 You acknowledge that we have no obligation to monitor the access to, or use of, our Community Platform by any Member or Guest, or to review, disable access to, or edit any Community Content, but we have the right to do so to: (i) operate, secure and improve our Community Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure your compliance with these Community Rules and Policies; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Community Content that we determine is harmful or objectionable; or (v) as otherwise set forth in these Community Rules. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us or our representative regarding the use or abuse of our Community Platform.
18.5 If you feel that any Member or Guest you Interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who: (i) engages in offensive, violent or sexually-inappropriate behaviour; (ii) you suspect of stealing from you, or acting fraudulently; (iii) you suspect is fraudulent, engaging in money-laundering or financing terrorists; or (iv) engages in any other disturbing conduct, you should immediately report such a person to the appropriate authorities and then contact us with details of the report you have made (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any). 19. TERM AND TERMINATION
19.1 Our Community Rules shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for a subsequent 30-day term until such time when either of us terminates the Community Rules in accordance with this provision.
19.2 You may terminate the Community Rules as they apply to you by sending us an email to [email protected]hellotig.com to cancel your Membership.
19.3 Unless it would be unlawful for us to do so, and without limiting our rights specified below, we may terminate your Membership for convenience at any time by giving you thirty (30) days' notice to your Community email address or mobile phone number.
19.4 We may immediately, without notice, terminate your Membership of this Community and/or stop providing access to our Community Platform if: (i) you have materially breached your obligations under our Community Rules or Policies; (ii) you have violated applicable laws, regulations or third-party rights; or (iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of a Member, our Community, or third parties (for example in the case of fraudulent behaviour of a Member).
19.5 In addition, we may take any of the following measures: (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or if (ii) you have breached our Community Rules or Policies, applicable laws, regulations, or third-party rights; (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during your registration or thereafter; (iv) you at any time fail to meet any applicable quality or eligibility criteria; (v) we have repeatedly received complaints about your performance or conduct; (vi) you have repeatedly failed to respond to reasonable requests for assistance from another Member; or (vii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of a Member, our Community, or third parties, or to prevent fraud or other illegal activity:
refuse to process a Deposit or Withdrawal for an Account;
refuse to Send Digital Currency for you;
cancel any Transfer you have created;
limit your access to or use of our Community Platform;
temporarily suspend your Membership;
permanently suspend your Membership in cases of severe or repeated offences, and stop providing access to our Community Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by us and an opportunity to resolve the issue to our reasonable satisfaction.
19.6 If we take any of the measures described above: (i) we may cancel and refund any Transfers which you hold on our Community Platform; and (ii) you will not be entitled to any compensation.
19.7 When your Membership has been terminated, you are not entitled to a restoration of your Membership or any of your Community Content. If your access to or use of our Community Platform has been limited or your Membership has been terminated, you may not register under another name or access and use our Community Platform through another Member.
19.8 Unless local laws do not permit it, if you or we terminate your Membership, the clauses of these Community Rules that reasonably should survive termination of your Membership will remain in effect.
19.9 In the event that we terminate your Membership and either we or a Community Member has suffered loss, we may withhold all or part of any Digital Currency in any of your Accounts on our Community Platform to compensate us or a Member for any loss you have caused. 20. DISCLAIMERS
20.1 Members and Guests choose to use our Community Platform voluntarily and at their sole risk. Our Community Platform is provided “as is” without warranty of any kind, either express or implied.
20.2 You agree that, before you use our Community Platform as a Member or Guest, you will take the time to investigate our Community Platform, and to understand what local laws, rules, or regulations may be applicable to you in your jurisdiction in relation to your access and use of the Community Platform. You will not rely upon any statement of law or fact made by us relating to the application of any laws, rules, or regulations.
20.3 If we choose to conduct Identity Verification or background checks on any Member or Guest, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or Guest or guarantee that a Member or Guest will not engage in misconduct in the future.
20.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights, however, the duration of statutorily-required warranties, if any, shall be limited to the maximum extent permitted by law. 21. LIABILITY
21.1 Unless your country of residence is in the European Union, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of our Community Platform, or any other Interaction you have with other Members or Guests whether in person or online, remains with you.
21.2 No Member or Guest nor any other party involved in creating, producing or delivering our Community Platform will be liable for any incidental, special, exemplary or consequential damages (including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services) or for any damages for personal or bodily injury or emotional distress arising: (i) out of or in connection with our Community Rules; (ii) from the use of or inability to use our Community Platform; (iii) from any communications, Interactions or meetings with other Members or Guests or other persons with whom you communicate, interact or meet with as a result of your use of our Community Platform; (iv) from your using an Account to access or use your Digital Currencies; or (v) from Sending or Receiving Digital Currencies using a Transfer, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
21.3 In no event will the aggregate liability arising out of or in connection with these Community Rules and your use of our Community Platform, or from the use of or inability to use our Community Platform, exceed the current value of your Accounts, or one hundred US dollars (US$100), whichever is the greater. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the United States, this does not affect our liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
21.4 If your country of residence is in the European Union, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties in which proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically-occurring foreseeable damage. Any additional liability of our Community or any of its Members or Guests is excluded. 22. INDEMNIFICATION
You agree to release, defend (at our option), indemnify and hold our Community, our Members, Guests, Community Partners and any officers, directors, employees, and agents of our Community Partners, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your breach of these Community Rules or our Policies; (ii) your improper use of our Community Platform; (iii) your Interaction with any Member or Guest, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction; or (iv) your breach of any laws, regulations or third-party rights. 23. DISPUTE RESOLUTION AND ARBITRATION COMMUNITY RULES
23.1 The Dispute Resolution and Arbitration Community Rules shall apply if: (i) your country of residence is in the United States; or (ii) your country of residence is not in the United States but you bring any claim against a Member or Guest in the United States (to the extent not in conflict with paragraph 25).
23.2 Overview of the Dispute Resolution Process We are committed to participating in a consumer-friendly dispute resolution process. To that end, our Community Rules provide for a two-part process for individuals to whom paragraph 23.1 applies: Part 1 - an informal negotiation directly with our customer service team, and Part 2 - a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by paragraph 22 and except as provided in paragraph 23.5). Specifically, the Consumer Arbitration Rules provide:
Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $US200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference or, for claims under $US25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
23.3 Pre-Arbitration Dispute Resolution and Notification Prior to initiating an arbitration, you agree to notify the other Member or Guest of the dispute and attempt to negotiate an informal resolution to it first. If, after a good faith effort to negotiate, either of you feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration must agree to notify the other party prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
23.4 Community Rules to Arbitrate It is agreed by Members and Guests that any dispute, claim or controversy arising out of or relating to these Community Rules, or the breach, termination, enforcement or interpretation thereof, or to the use of our Community Platform or Community Content (collectively, “Disputes”) will be settled by binding arbitration between Members and Guests (the “Arbitration Community Rules”). If there is a dispute about whether this Arbitration Community Rules can be enforced or applies to the Dispute, that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Community Rules It is agreed by Members and Guests that the following claims are exceptions to the Arbitration Community Rules and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking or cyber-attack).
23.6 Arbitration Rules and Governing Law The Arbitration Rules may evidence a transaction in interstate commerce and thus the Federal Arbitration Act will govern the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
23.7 Modification to AAA Rules - Arbitration Hearing/Location In order to make the location of an arbitration hearing at a place most convenient to everyone, Members and Guests agree that any required arbitration hearing may be conducted, at their option: (i) in the county where the initial claimant resides; (ii) in San Francisco County; (iii) in any other location to which those Members and Guests who are parties to the arbitration all agree; (iv) via phone or video conference; or (v) by solely the submission of documents to the arbitrator for any claim or counterclaim under $US25,000.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs It is agreed by Members and Guests that the initial claimant will be responsible for payment of any initial filing fee under the AAA Rules. They may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that their claim was frivolous or filed for the purpose of harassment, Members and Guests agree to bear their own costs.
23.9 Arbitrator’s Decision The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver Members and Guests acknowledge and agree that they are each waiving the right to a trial by jury as to all Disputes.
23.11 No Class Actions or Representative Proceedings Members and Guests acknowledge and agree that they are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless otherwise agreed in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Community Rules will be deemed void with respect to such Dispute.
23.12 Severability Except as provided in paragraph 23.11, in the event that any portion of this Arbitration Community Rules is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Community Rules shall be given full force and effect.
23.13 Changes Notwithstanding the provisions of paragraph 28 (Modification of These Community Rules), if we change this paragraph 23 (Dispute Resolution and Arbitration Community Rules) after the date Members last accepted these Community Rules (or accepted any subsequent changes to these Community Rules), Members may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such a change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between us in accordance with the provisions of this paragraph 23 (Dispute Resolution and Arbitration Community Rules) as of the date you last accepted these Community Rules (or accepted any subsequent changes to these Community Rules).
23.14 Survival Except as provided in paragraph 23.12 and subject to paragraph 23.8, this paragraph 23 will survive any termination of these Community Rules and will continue to apply even if Members stop using our Community Platform or terminate their Membership. 24. FEEDBACK
We welcome and encourage Members and Guests to provide feedback, comments, and suggestions for improvements to our Community Platform. Members and Guests may submit feedback by joining our chat group on Telegram t.me/tigereum or emailing us on [email protected], or by other means of communication. Any feedback Members and Guests submit to us will be considered non-confidential and non-proprietary to them. By submitting feedback to us, Members and Guests grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use and publish those ideas and materials for any purpose, without compensation to them. 25. APPLICABLE LAW AND JURISDICTION
25.1 If a Member’s or Guest’s country of residence is the United States, these Community Rules and the Standard Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Community Rules in paragraph 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. We both consent to venue and personal jurisdiction in San Francisco, California.
25.2 If a Member’s or Guest’s country of residence is China, these Community Rules and the Standard Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Community Rules shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing, which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which we may have to apply to any court of competent jurisdiction for an order requiring a Member or Guest to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to Members or Guests. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
25.3 If a Member’s or Guest’s country of residence is outside of the United States and China, the following applies: (i) where the dispute involves a Member or Guest against our Community, these Community Rules and the Standard Terms will be interpreted in accordance with the laws of St Helena; (ii) where the dispute involves two Guests, these Community Rules will be interpreted in accordance with the local laws of the Guest who brings the dispute to a court of competent jurisdiction; (iii) where the dispute involves a Guest and a Member, these Community Rules will be interpreted in accordance with the local laws of the Member; (iv) where the dispute involves two Members, these Community Rules will be interpreted in accordance with the local laws of the Member who brings the dispute to a court of competent jurisdiction; and (v) where the dispute involves a Member or Guest and a Community Partner, these Community Rules will be interpreted in accordance with the local laws of the Community Partner.
25.4 The following also applies if a Member’s or Guest’s country of residence is outside of the United States and China. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact a Member’s or Guest’s rights as a consumer according to the consumer protection regulations of their country of residence. If a Member or Guest wishes to enforce any of our Community’s rights as a consumer, they may do so in the courts of the jurisdiction in which they are a resident. 26. GENERAL PROVISIONS
26.1 Policies are incorporated by reference into these Community Rules.
26.3 Except as they may be supplemented by additional Community Rules and conditions, policies, guidelines or standards, these Community Rules constitute the entire agreement between Members and Guests pertaining to the subject matter hereof, and supercede any and all prior oral or written understandings or Community Rules in relation to their access to and use of our Community Platform.
26.4 No joint venture, partnership, employment, or agency relationship exists between Members and Guests as a result of our Community Rules or their use of our Community Platform.
26.5 Our Community Rules do not and are not intended to confer any rights or remedies upon any person other than a Member or Guest.
26.6 If any provision of our Community Rules is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
26.7 Any failure by us or a Member or Guest to enforce any right or provision of these Community Rules against a Member or Guest will not constitute a waiver of such right or provision unless acknowledged and agreed in writing. Except as expressly set forth in these Community Rules, the exercise by any Member or Guest of any of its remedies under these Community Rules will be without prejudice to other remedies under these Community Rules or otherwise permitted under law.
26.8 Members and Guests may not assign, transfer or delegate our Community Rules or their rights and obligations hereunder.
26.9 Unless specified otherwise, any notices or other communications to Members or Guests permitted or required under these Community Rules may be provided electronically and sent via email, text, or instant message. For notices made to any Member residing outside of Germany, the date of receipt will be deemed the date on which the notice was transmitted.
26.10 If a Member’s or Guest’s country of residence is in the European Union, they can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that we are not committed nor obliged to use an alternative dispute-resolution entity to resolve disputes with consumers.
26.11 If a Member or Guest has any questions about these Community Rules they should contact TIG Help at any of the contact addresses provided on our Website. 27. COMMUNITY PLATFORM UNDER DEVELOPMENT
27.1 Our Community Platform is under development and has not been launched commercially yet.
27.2 You acknowledge that we are developing new customer interfaces in a global market, and that this is a challenging endeavour. You have Joined this Community to be part of our exciting journey together with all other Members. You agree to participate constructively in our development and to work together with us to build a truly great Community Platform which we can all be proud of.
27.3 Your feedback is important to the success of our developing Community Platform, and you agree to give back more than you take out of this Community to help make the world a better place than it was when you Joined our Community.
27.4 To the extent permitted by law, you agree not to take legal proceedings against our Community or other Members during our development phase for any mistakes or errors which inevitably occur. We undertake to remedy all mistakes and errors in good faith as quickly as possible. This is the only way that innovative development can occur across our Community so we appreciate your participation and patience.
27.5 During our development our Community Platform will be unlicensed and unregulated. It is our intention to obtain legal advice about the appropriate licences and regulations which may apply in each country where our Community operates after development has been completed and before we commercially launch our Community Platform. 28. MODIFICATION OF THESE COMMUNITY RULES
We reserve the right to modify these Community Rules at any time in accordance with this provision. If we make changes to these Community Rules, we will post the revised Community Rules on our Website and update the “Last Updated” date at the top of these Community Rules. If a Member or Guest disagrees with the revised Community Rules, they should cease to use our Community Platform. Any continued access to or use of our Community Platform after the update takes effect will constitute acceptance of the revised Community Rules.