website/SERVICETERMS.md

# IPDB Service - Terms of Service

## Introduction
### IPDB Foundation
The IPDB Service is operated by the IPDB Foundation e.V. (“IPDB Foundation”), an *Eingetragemer Verein* (or *e.V.*), a registered voluntary association in Germany. Learn more about the [IPDB Foundation](LINK).

[REGISTRATION INFORMATION]

### The IPDB Service 
The IPDB Service is a blockchain database that allows Users to create, store, and transfer digital assets of any kind.

The IPDB Service is not a currency or a money transfer service. An object on the IPDB Service does not have any inherent market value. Rather, it represents the value assigned to it by Users.

### Application of the Terms
Use of the IPDB Service is subject to the terms set out on this page (“Terms”). If you use the IPDB Service, you are agreeing to be bound by the Terms.

You can only use the IPDB Service if you are able to form a contract with the IPDB Foundation and are not barred from doing so by any applicable law. If you are using the IPDB Service on behalf of an organization, you must have the legal authority to act for the organization.

Your agreement under these Terms is with the IPDB Foundation, and not with any of the Caretaker organizations.

### Changes to the Terms
The IPDB Foundation may change the Terms in accordance with the IPDB Foundation’s Rules and these Terms.

Changes to the Terms will be posted to the IPDB Foundation website for comment by the public. Based on this feedback, the IPDB Foundation can propose amendments to the changes or proceed with the proposed changes. After a 30 day comment period, the IPDB Foundation will vote on whether to implement the new Terms as proposed, to implement the new Terms with amendments, or continue with the previous Terms.

New Terms will apply from the date of the change. When there is a change, we will provide notice by email if you have signed up to receive our newsletter, and by posting a summary of the changes on the IPDB Foundation website and social media outlets. 

Changes will become part of the Terms unless you object to their inclusion within three weeks of our sending notice of the change. If you do not accept the new Terms you must stop using the IPDB Service.

The Terms will always be available at [https://ipdbfoundation.org/terms](https://ipdbfoundation.org/terms), and can be saved or printed.

## IPDB Service
### Users
Individuals or organizations (“Users”) do not have to register to use the IPDB Service. 

In individual User is identified by a unique public-private encryption key pair (“Key”), generated by the User. 

### Transactions
A Transaction on the IPDB Service is one of a number of actions involving a digital object: registering the object, transferring the object, loaning or consigning the object, or sharing the object. 

When a User sends a Transaction to the IPDB Service, the Caretaker Nodes check to ensure the User has permission to make that Transaction. If it is valid, it is permanently written to the IPDB Service.

Once a Transaction has been written to the IPDB Service, it is **permanent**. Each new Transaction is built on all of the previous Transactions. Therefore, Transactions cannot be deleted once they have been written, not even by the IPDB Foundation.

Users may make [NUMBER] Transactions each month for free. If a User needs more Transactions, the User may buy additional Transactions from the IPDB Foundation, or from any Transaction Agents approved by the IPDB Foundation. 

### Security
The IPDB Service is based on strong encryption. This means that your content is very secure as long as you keep your private key secure. If only you have the key, then only you have the ability to create, transfer, or remove the content you own. 

## Users’ Conduct
### Code of Conduct
Users’ Keys may be suspended if they violate the Code of Conduct. Users must not:
- Probe or scan systems or networks for vulnerabilities, except in accordance with our Security Research Best Practices.
- Access non-public areas of the IPDB Service, or access the IPDB Service by means other than officially supported interfaces.
- Send unsolicited communications or spam.
- Upload or distribute malware, adware, viruses, trojans, or other software designed to attack or subvert other Users’ systems.
- Publish materials that are fraudulent, misleading, or that infringes a third party’s rights.
- Publish materials promoting violence or hatred against groups based on any identifiable characteristic, including gender, race, religion, ethnicity, sexual orientation, gender identity, disability, or other grounds.
- Violate the privacy of or defame others.

### Content of Transactions
While the *validity* of Transactions is verified by the Caretakers, the *content* of Transactions made by Users is not reviewed by the IPDB Foundation or Caretakers. It is each User’s responsibility to ensure their Transactions on the IPDB Service are lawful and do not infringe third party’s rights. Users are expected to follow applicable laws, including copyright, trademark, data protection laws, and laws governing permissible speech in that User’s jurisdiction.

The IPDB Foundation is not able to remove content once it has been written to the IPDB Service. However, the IPDB Foundation may block Users’ ability to write further transactions to the IPDB Service if that User violates the Code of Conduct.

## Legal

### Jurisdiction and Law
The law of the Federal Republic of Germany applies to these Terms. The general place of jurisdiction of the IPDB Foundation and the place of fulfilment is Berlin.

### Liability
The IPDB Foundation is not responsible for the accuracy, completeness, appropriateness, or legality of any Transaction a User makes on the IPDB Service, or any other information that can be accessed through the IPDB Service.

The IPDB Service is provided as-is, without express or implied warranty or condition of any kind. We disclaim any warranties of merchantability, fitness for particular purpose, or non-infringement.

The IPDB Foundation may be liable for Users’ damage caused wilfully or through gross negligence on behalf of the IPDB Foundation.

Regardless of the degree of negligence, the IPDB Foundation may be liable for Users’ damage arising from injury of life, body or health, based on a breach of duty by the IPDB Foundation, for damage that arises where the IPDB Foundation has breached a duty that is of utmost importance for achieving the object of the contract, in case of wilful deceit, and for damage arising from the breach of a warranty assumed by the IPDB Foundation or from an organizational fault.

In cases other than those mentioned above, the IPDB Foundation’s liability is expressly excluded, no matter the legal ground.

Claims against the IPDB Foundation for which the IPDB Foundation may be liable are time-barred within 12 months from the beginning of the statutory limitation period.

### Indemnification
Users of the IPDB Service must indemnify the IPDB Foundation for any third party legal claims against the IPDB Foundation which may arise from use contrary to these Terms, including the cost of an adequate legal defence. 

In the event of a third party claim against the IPDB Foundation, Users must provide the IPDB Foundation with truthful, full, and complete information necessary for the examination of the claims and for any necessary defense. 

### Disputes
Disputes will be handled under the version of the Terms that in force at the time of the occurance leading to the dispute. 

### No Assignment
Users may not assign their rights in the Terms. Any attempt to do so is void. The IPDB Foundation may assign its rights to any affiliates or subsidiaries, or to any successor in interest in the IPDB Service.

### Severability
If any of the Terms are invalid or contain a gap, the other sections of the Terms remain in effect. If this happens, the partise are deemed to have made the agreement which comes closest to the intended economic consequences of the Terms and which can be validly agreed on.