First draft of Terms of Service

TOS.md

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+# IPDB Terms of Service
+
+## Introduction
+### IPDB Foundation
+The IPDB Sites and IPDB Service are 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 Sites and Service
+The IPDB Sites are:
+- ipdbfoundation.org 
+- ipdb.foundation
+- ipdb.co
+
+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 IPDB token alone does not have any value; it only represents the value assigned to it.
+
+### Application of the Terms
+Use of the IPDB Sites and the IPDB Service are subject to the terms set out on this page (“Terms”). If you use the IPDB Sites or 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. Under German law, you must be at least 18 to use the IPDB Service, or have a parent or guardian sign up for you. 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 at any time. The 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, by a posting on our News Page, and by posting on our other 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. 
+
+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 that use the IPDB Service (“Users”) do not have to register to use the IPDB Service. Users are defined by a 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 nodes that make up the IPDB Service 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**. Transactions cannot be deleted once they have been written, not even by the IPDB Foundation.
+
+Users can have [NUMBER] Transactions free each month. After that, Users can buy additional Transactions from the IPDB Foundation, or from any of the 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
+The Users of the IPDB Service is a powerful tool. Users must use it responsibly. If Users violate the Code of Conduct, their Key will be suspended. 
+
+Users are expected to follow the law in their local jurisdiction and common sense. For example, 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 any means other than our publicly 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 that infringe the intellectual property rights of third parties, including copyright, trademark, and patent rights.
+- Publish materials that are illegal or unlawful for any reason, or that promote 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.
+
+### User Content
+Content published by Users is not verified or reviewed by the IPDB Foundation or by the Caretakers. It is the Users’ responsibility to ensure the Content they add to the IPDB Service is lawful and does not infringe any 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 that has been uploaded to the IPDB Service. However, the IPDB Foundation can 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 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 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 Foundation may be liable for the 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 IPDB for any third party legal claims against IPDB 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 IPDB, Users must provide IPDB 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 was in force at the time the event leading to the dispute took place. 
+
+### No Assignment
+You may not assign your 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 of any business associated with 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.