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BlockClaim™ - REGISTRANT AGREEMENT

1. DEFINITIONS
In this document, unless the context requires otherwise:

Asteroid Australia Pty Ltd (“Asteroid”) owns the registration protocol and is an industry self-regulatory body responsible for administering The BlockClaim™ protocol registration system.

  1. BlockClaim™ means the registration of the claim you have made which is the subject of your application, and if successful, of your BlockClaim™
  2. BlockClaim™ means your registration of a BlockClaim™, which is the subject of your application
  3. Published Policies means those specifications and policies established and published by “Asteroid” from time to time in accordance with “The Universal Declaration of the Exploration of Space”, and can be found at “Asteroid’s” web site at www.asteroidltd.com
  4. Registry Operator means the operator of the BlockClaim™ registry for the BlockClaim™
  5. Registrant, You or the person or legal entity applying for, or the holder of, a BlockClaim™

2. GENERAL

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you render the use of the BlockClaim™ to another person.

3. BLOCKCLAIM™APPLICATIONSANDREGISTRATION

  • (a) Your application for a BlockClaim™ must be in the form prescribed under the Published Policies. The BlockClaim™ must comply with the Published Policies
  • (b) You accept that even if we have accepted and approved your BlockClaim™ application, the application may still be rejected by the Registry Operator in performing its final integrity checks
  • (c) You accept that neither you, nor we, have any proprietary right arising from the registered BlockClaim™, or the entry of a BlockClaim™ in the registry
  • (d) All personal information pertaining to the registrant is held in the WHOCLAIM and available for the benefit of the public

 

4. BLOCKCLAIM™

  • (a) Your BlockClaim™ will be effective for a two-year period, once an application is accepted and approved by us and by the Registry Operator, and you have paid the non-refundable registration fees, unless it is cancelled earlier under the terms of this document or under any Published Policies;
  • (b) Your BlockClaim™ may be renewed every two years, as long as you: pay the non- refundable registration renewal fees and continue to meet the eligibility criteria prescribed in the Published Policies;
  • (c) You accept that it is your responsibility to ensure that your BlockClaim™ is renewed;
  • (d) You may cancel your BlockClaim™ at any time by notifying us in writing, but this does not entitle to any refund;
  • (e) We may cancel your BlockClaim™ if you breach any provision of this document;
  • (f) Once a BlockClaim™ application is approved your liability for fees are final and

irrevocably due and non-refundable under any circumstances whatsoever including

error, negligence, omissions, transfers and or cancellations;

  • (g) If you have acquired this BlockClaim™ through a reseller who does not pay us you

are still liable for the fees for that BlockClaim™ and it is up to you to recover your money from that reseller.

5. YOURWARRANTYTOUS
The registrant makes, and is taken to have made, the following warranties, when

applying to register or renewal the registration of a BlockClaim™:

(a) all information provided to register or renew the registration of the BlockClaim™ (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith;

(b) the registrant meets, and will continue to meet, the eligibility criteria prescribed in “Asteroid’s” published policies for the BlockClaim™ for the duration of the BlockClaim™ registration;

(c) the registrant has not previously submitted an application to apply for the same BlockClaim™ with another registrar using the same eligibility criteria, and the other registrar has rejected the application;

(d) the registrant is aware that even if the BlockClaim™ is accepted for registration, the registrant's entitlement to register mining right claim(s) to a specific asteroid may be challenged by others who assert a right to have an entitlement to a claim;

              (e) the registrant is aware that the registration of the BlockClaim™ (that is, the specific BlockClaim™) will be forfeit if any of the warranties set out above is      found to be untrue, incomplete, incorrect or misleading.

6. OUR OBLIGATIONS TO YOU

  • (a) Once your BlockClaim™ application is accepted and approved, we will cause your BlockClaim™ details to be entered in the BlockClaim™ registry
  • (b) We will endeavour to stay within the terms of our privacy policy as published from time to time on the BlockClaim™ protocol
  • (c) We will give you immediate notice if: we are no longer an accredited registrar

7. YOUROBLIGATIONSTOUS

  • (a) Throughout the period of your BlockClaim™, you must:
    comply with the Published Policies, and give notice to the Registry Operator (through us) of any change to any information which you have given us;
  • Protect the registry keys or other passwords provided to you from unauthorised or fraudulent and accept unconditionally any and all responsibility for any such use;
  • (b) You must, directly or indirectly, through registration or use of the BlockClaim™ or otherwise:

re-register a BlockClaim™ when selling it or;

re-register BlockClaim™ when trading from another business or web site or;

  • (c) You must not:

transfer or purport to transfer a proprietary right in any BlockClaim™ registration

  • (d) You may: grant or

purport to grant a registered BlockClaim™ as security or hypothecate it as collateral

8. USEOFYOURINFORMATION You give to:

  • (a) “Asteroid”, the right to publicly disclose to third parties, all information relating to the registered BlockClaim™ in accordance with the Published Policies;
  • (b) us the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the BlockClaim™ in the BlockClaim™ proprietary protocol;
  • (c) the Registry Operator, the right to publicly disclose to third parties, all information relating to the registered BlockClaim™ to enable the Registry Operator to maintain a public WHOICLAIM service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

 

9. DISPUTERESOLUTION

  • (a) “Asteroid” has in place a dispute resolution called the BlockClaim™ Dispute Resolution Policy (“BDRP”), which applies in the event of a dispute between a registrar and a BlockClaim™ holder, or between a BlockClaim™ holder and a third party, in relation to entitlements to a BlockClaim™;
  • (b) The “BDRP” binds you and us severally as if it were incorporated in this document;
  • (c) You accept that:
    “BDRP” may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and such policies bind you and us severally as if they were incorporated in this document.

10. TRANSFER OF REGISTRARS
We will ensure that you can easily transfer your BlockClaim™ registration to another

registrar in accordance with the Published Policies.

The Published Policies will address such matters as:
the maximum fees which we can charge you for such transfer;
when we are not allowed to charge you fees;
the conditions under which we must transfer the registered BlockClaim™;
and, the conditions under which we are entitled not to transfer the registered the BlockClaim™.

11. LIMITATION OF LIABILITIES

  • (a) You must not pursue any claim against (“Asteroid”) or against us, and neither (“Asteroid”) nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third parties damages, arising from any breach by us of our obligations under this document, or under our registrar agreement with (“Asteroid”).
  • (b) The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to (“Asteroid”), entitling (“Asteroid”) to terminate the Registrar Agreement between (“Asteroid”) and the Registrar, (“Asteroid”) may in its sole discretion terminate the Registrar Agreement.
  • (c) You accept and agree that neither (“Asteroid”) nor we are responsible for the use of any BlockClaim™ in the BlockClaim™ registry, and that (“Asteroid”) is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a BlockClaim™ holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

 

• (d) You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: loss or liability resulting from access delays or access interruptions;

loss or liability resulting from data non-delivery or data mis-delivery;
loss or liability resulting from acts of God; loss or liability resulting from the unauthorized use or misuse of your account identifier or password; loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your BlockClaim™, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
(e) Notwithstanding any other provision of this document and to the fullest extent permitted by law, (“Asteroid”) will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of (“Asteroid”), its employees, agents or sub-contractors. Nothing in this document is to be read as excluding, restricting or modifying the application of any legislation which by law cannot be excluded, restricted or modified.

12. INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your BlockClaim™.

 

13. OUR AGENCY

We enter into this document as agent for (“Asteroid”) for the sole purpose, but only to the extent necessary, to enable (“Asteroid”) to receive the benefit of the rights and covenants conferred to it under this document.

14. GENERAL

  • (a) In this document:
    a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
    a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
    headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning
  • (b) All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
  • (c) If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
  • (d) This document is governed by and is to be construed in accordance with the laws of Western Australia, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia and waives any right to object to proceedings being brought in those courts.

 

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