This Dalian Mining Cloud Services - Terms of use (hereinafter – the “Agreement”) is made and entered into by and between Dalian Mining, a company incorporated under the laws of the China, with the legal address: Huangpu Rd, Ganjingzi District, Dalian, Liaoning, China, 116086 (hereinafter – “Dalian Mining”) and the entity or person (hereinafter – the “Customer” or “you”) agreeing and accepting the terms of the Agreement by continuing using services offered on this Dalian Mining administrated website and / or mobile application (hereinafter – the “Platform”). The services are rendered in Huangpu Rd, Ganjingzi District, Dalian, Liaoning, China, 116086. This Agreement is effective as of the date that the Customer clicks to accept the Agreement during REGISTRATION (the “Effective Date”). The services are considered to be rendered by the date of termination of the term of the selected contract. If you are accepting on behalf of the Customer, you represent and warrant that: (i) you have full legal authority to bind the Customer to this Agreement; (ii) you have read and understood this Agreement; and (iii) you agree, on behalf of the Customer, to this Agreement. If you do not have the legal authority to bind the Customer, please do not click to accept. This Agreement governs the Customer’s access to and use of the hosted computational services and other services performed by Dalian Mining on the Platform (hereinafter – the “Services”). Terms of this Agreement are spreading its effect on all relationships performed on this website and /or mobile application offered by Dalian Mining. For an offline variant of this Agreement, you may contact Dalian Mining for more information.
1) Provision Of The Services
Dalian Mining will provide the Customer computational power at a hash rate that is fixed for the Term of the Agreement. The Customer acknowledges that the Services shall be rendered on a best effort basis. The availability of computational power and, accordingly, the output and results of any Services and cryptocurrencies may vary. During the Term, the Customer may: (i) use the Services, and (ii) use any Software provided by Dalian Mining as part of the Services. The Customer may not sublicense or transfer these rights.
2) Mining Portal
As part of receiving the Services, the Customer will have access to the Dashboard through which the Customer may administer accessible services, including management and allocation of its deployment of computation power in connection with the Customer’s selected algorithm. The Dashboard also provides the Customer tools to direct transfer of digital assets to the Customer’s digital asset wallet.
3) Modification To The Services And Agreement
Dalian Mining reserves the right to make in its solely discretion commercially reasonable updates to the Services and to the Agreement from time to time. If Dalian Mining makes a material change to the Services or to the Agreement and any linked documents, it will notify about such changes by updating the Agreement of by placing corresponding information in description of the Services. Unless otherwise noted, material changes to the Agreement will become effective upon day of publication of updated terms of the Services and / or documents on the Platform. If the Customer or other user of the Platform do not accept any changes to mentioned terms and / or documents he (she) must stop using the Platform immediately. Therefore, continued usage of the Platform is deemed as acceptance of the modified terms of the Services and / or documents on the Platform. The Customer or other user accepts his (her) solely obligation and corresponding risks for timely and frequently reviewing the Agreement and terms of the Services to ensure the applicable usage of the Services and the Platform.
4) Withdrawal
Results of performance of purchased computational power, other digital assets are due to withdrawal due the Customer’s request on terms of the Agreement. Dalian Mining has right to suspend withdrawal process in case of revealed risks of theft, malversation, tort, misrepresentation, fraudulent activities and request additional documents and information to acknowledge that the personal account is not under third party’ control, and / or any assets are not under risk of theft or subject of fraudulent activities.
5) Not An Advisor
All information placed on the Platform (including out of tab “Assets”) about cryptocurrencies, other digital assets or portfolios of cryptocurrencies can not be treated as an investment advice, consulting advice, trading or any other kind of advice, promise or responsibility for future values or market pricing of cryptocurrency or portfolios of cryptocurrencies. Dalian Mining is not broker, advisor or any kind party that could be treated as obliged to the Customer or to other user of the Platform in connection with any trading decisions. The Customer or other user of the Platform before registering on the Platform and or performing any actions on the Platform or making any decision should make personal legal and tax research, order professional consulting and advices by regard of his (her) residence, local laws, personal financial circumstances, risk tolerance and obligations. The Platform CAN NOT be treated as a business or investment instrument and can be used only for personal use. All names, labels or any graphic designations in relation to cryptocurrencies or portfolios of cryptocurrencies are made on the Platform for individualization purposes only and have no correlation to any investing indicators, prognosis or any personal investing choices or advices.
6) Blockchain Transaction Fees
The delivery and receipt of any of the Customer’s digital assets is subject to network or transaction fees charged by the blockchain associated with the Customer-selected algorithm (“Blockchain Transaction Fees”). Blockchain Transaction Fees are paid to emit, record, verify, and process a transaction on the blockchain and not retained by Dalian Mining.
7) Third Party Fees
Certain digital wallets, wallet addresses, tools, and third-party software and devices (“Third-Party Wallets”) used by the Customer may also charge Customer a fee, including a per transaction or transfer fee. Customer is responsible for being aware of and satisfying any such fee. Customer should note that any such fees may significantly reduce Customer’s Hash Rate Output and therefore Customer is responsible for managing the selection, use, and rate and frequency of their delivery of Hash Rate Output to any such Third-Party Wallets.
8) Login Credentials
The Customer represents and warrants that the Customer is responsible for the preservation of confidentiality of the Customer’s login credentials. Dalian Mining log-in credentials and generated by the Services are for the Customer’s internal use only and the Customer is strictly prohibited from selling, transferring, or sublicensing them to any other entity or person.
9) Account Suspension
Dalian Mining may suspend the Customer’s right to access or use any portion or all of the Services immediately upon notice to the Customer if:
(i) Dalian Mining determines the Customer’s use of the Services poses a security risk to the Services or any third party, could adversely impact Dalian Mining’s systems, the Services or any other Dalian Mining customer, could subject Dalian Mining, its affiliates, or any third party to liability, or could be fraudulent;
(ii) the Customer is in breach of this Agreement;
(iii) the Customer initiated a chargeback or dispute with respect to any payment or purchase of the Service; or
(iv) the Customer has ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
(v) If the user accesses the mining portal using a VPN. This endangers the mining server.
10) Disclaimer
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DALIAN MINING, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT. DALIAN MINING, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, FAILURE TO STORE, OR ANY LOSS OF ANY CUSTOMER DATA, INCLUDING BLOCKCHAIN DATA AND DIGITAL ASSET REWARDS DERIVED, MAINTAINED, OR TRANSMITTED THROUGH USE OF THE SERVICES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING ITS CUSTOMER DATA AND DIGITAL ASSET REWARDS. NEITHER DALIAN MINING, ITS AFFILIATES, NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. DALIAN MINING, ITS AFFILIATES, AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSSES OR OPPORTUNITY COSTS RESULTING FROM BLOCKCHAIN NETWORK AND PROTOCOL OR THIRD-PARTY SOFTWARE ISSUES, WHICH MAY IN TURN RESULT IN THE INABILITY TO PROCESS TRANSACTION ON THE BLOCKCHAIN AT ALL OR WITHOUT INCURRING SUBSTANTIAL FEES.
a. Dalian Mining has unconditional right to modify and cancel without warning all the transactions and their results if the Customer does not comply with the terms of the Agreement or that are happened due to the Customer fraudulent activities or abuse of rights or Third party’s or Dalian Mining’s system failures or other events that led to Dalian Mining’ or the Customer’s unjust enrichment or income.
b. The Customer would abide by relevant laws and regulations to ensure that the sources of any digital information on the Platform that can be valued are legitimate and compliant when using the Platform.
c. When the Customer uses any services on the Platform, he (she) fully recognizes the risks of investing or performing any transactions with using the Platform and operates cautiously.
d. The Customer agrees that all investment operations conducted on the Platform represent the Customer’s true investment intentions and that he (she) unconditionally accepts the potential risks and benefits of investment decisions and actions performed on the Platform.
e. Dalian Mining reserves the right to suspend or terminate the Platform at any time.
f. Due to network delay, computer system failures and other uncontrolled and unintended by Dalian Mining or Third party’s events, which may led to delay, suspension, termination or deviation of execution of services that are performed on the Platform, Dalian Mining will use reasonable effort to ensure but not promise that the Platform execution system runs stably and effectively. The Customer agrees that Dalian Mining does not take any responsibility if the final execution fails to match the Customer’s expectations due to the factors mentioned above.
11) Assignment
The Customer will not assign or otherwise transfer this Agreement or any of the Customer’s rights and obligations under this Agreement, without the prior written consent of Dalian Mining, which may be unreasonably withheld. Any assignment or transfer in violation of this Section will be void. In addition, the Customer shall be the beneficial owner of any cryptocurrencies generated and/or received as a result of the Customer’s use of the Services under this Agreement. Dalian Mining may assign this Agreement without the Customer’s consent
(i) in connection with a merger, acquisition or sale of all or substantially all of our assets, or
(ii) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Dalian Mining as a party to this Agreement and Dalian Mining is fully released from all of its obligations and duties to perform under this Agreement. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns. The Customer may not merge this Agreement with any other agreements with Dalian Mining it may be party to.
12) Entire Agreement
This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The terms located at a URL referenced in this Agreement and the Documentation are incorporated by reference into the Agreement. After the Effective Date, Dalian Mining may provide an updated URL in place of any URL in this Agreement.
13) Force Majeure
Dalian Mining and its affiliates will not be liable for any failure or delay in performance of obligation under this Agreement where the failures or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war. Force Majeure events include, but are not limited to, upgrades to the validation rules of a given blockchain (e.g., a “hard fork” or “soft fork”). Dalian Mining protects safety of the Customer by reserving a right to buy-back digital assets in case of the situation, when authorities of the Customer’s State of residence prohibit using of cryptocurrencies, mining or blockchain technology. Dalian Mining creates extra guarantees for the Customer by reserving a right to buy-back digital assets in case of any situation, including even force majeure situations defined above.
14) Governing Law And Venue
All claims arising out of or relating to this Agreement or the Services will be governed by the laws of the Republic of China, excluding the Country’s conflicts of laws rules, and will be litigated exclusively in the courts of the Republic of China. The 1980 United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.
15) Language
All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
16) No Agency
This Agreement does not create any agency, partnership or joint venture between Dalian Mining and the Customer.
17) Unauthorized Use of VPNs Prohibited
To maintain the security and integrity of our network, it is strictly prohibited for customers to use unlicensed Virtual Private Networks (VPNs) while accessing our services.
18) Withdrawal and Activation Protocol
18.1: Withdrawal Process: Customers who initiate a withdrawal request from their Dalian account must wait for the server to fully process this withdrawal before proceeding with the activation of any new mining contract.
18.2: Server Handling: The server will prioritize the processing of the withdrawal request. Any attempt to activate a new mining contract before the withdrawal is completed will result in the server automatically deleting the withdrawal request.
18.3: Repeated Violations: If a customer repeatedly attempts to carry out further withdrawal activities after the occurence of the above incident, the server may interpret this as a violation of the terms. In such cases, the server reserves the right to disable the customer's account to prevent further violations.
This protocol is established to ensure smooth operations and to protect the integrity of customer transactions within Dalian Crypto Mining Solutions Limited.
19) Legal Provisions
Buying a mining contract or other purchases performed on the Platform should not be contrary to the laws of the country in which the Customer is a resident. The Customer pays independently all tax payments stipulated by the legislation of the country of the Customer. The Customer is responsible for all tax deductions.
The Customer is informed that he (she) is not allowed to perform purchases on the Platform using debit/credit cards that do not belong to the Customer without notarized permission of the legit cardholder that might be requested at any time by Dalian Mining.
