Audacity Member Terms and Conditions of Use

(Draft 0.07)


Last updated on 04 November 2019


Welcome to Audacity, a web site that lets Members create Projects and submit concepts in order to share ownership amongst Members. The audacity.id web site and its associated services (the “Services”) may be found at the domain and its related subdomains found at audacity.id (the “Site”).


The Site is owned and operated by Audacity Inc Limited, a UK Limited Company, and its corporate affiliates (collectively referred to herein as “Audacity”, "us", "we" or the "Company"). By creating a user account and/or accessing or using the Site or by posting any content on the Site, you agree to be bound by these Member Terms and Conditions of Use ("Terms of Use” or ”Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. If you have a user account prior to any such changes, you will be prompted to review the revised Terms of Use, and accept them, prior to logging in to your user account. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE NOTE THAT BY AGREEING TO THE TERMS AND CONDITIONS PROVIDED FOR HEREIN YOU MAY BE TRANSFERRING VALUABLE INTELLECTUAL PROPERTY RIGHTS TO AUDACITY FOR ITS COMMERCIAL USE.


Defined Terms


All initial capitalized terms used in this Agreement shall have the meanings ascribed to such terms. In addition to the terms defined elsewhere in this Agreement, the following Terms shall have the meanings listed below:


    “Project” A project is a collaborative, invite only space which Members can build Products or Execute projects. The have a primary Member ‘Project Lead’ who is solely responsible for curating Project membership.


    “Product” means a product concept, design, documentation, or idea that is submitted by a Member to the Site as a product in any stage of development. Note that Products may or may not be a Software Product as defined elsewhere.


    “Software Product” means a product concept, design, code or idea that is submitted by a Member to the Site as a software product in any stage of development.


    “Intellectual Property Rights” means all past, present and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exploitation rights, copyrights, moral rights, and mask work rights; (b) trademark, and trade names rights and similar rights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in intellectual property; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions and reissues of, and applications for, any of the rights referred to in clauses (a) through (e) of this sentence.


    “Member” is anyone that creates an account online and is registered to post content on the Site and includes all other Persons who participate on the Site other than the Company.


    “Community” is the total of all Members on the Site together with the Services provided. 


    “Member Content” includes all content, code, or works of authorship that a Member transmits to the Site (including links to the same transmitted to the Site) and that is included in a Software Product or otherwise used or displayed, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format. Member Content also includes information a Member provides to Audacity outside of the Site in relation to Member Content transmitted to the Site, and such information shall constitute Member Content transmitted to the Site under this Agreement. 


    “Site Content” means all information on the Site and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement. For the purposes of clarity, Site Content does not include Member Content or Software Products.


    “Smart Contract” is a contract created by users residing on a decentralised network beyond the control of Audacity.


Audacity Control of the Site and Services


You acknowledge that Audacity is a service provider that has created the Community to allow Members to interact regarding topics and content chosen by Members, and that Members can alter the information presented on the Site on a real-time basis. Audacity generally does not regulate the content of communications between Members or Members' interactions with the Services. As a result, Audacity has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of Member Content provided by Members. Nonetheless, Audacity shall have the right, but not the obligation, to monitor and/or limit any Member Content posted by a Member to the Site, including, without limitation Software Products.


Service Interruptions and Site Changes


Audacity reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that Audacity will not be liable for any interruption of the Site, delay or failure to perform. Audacity has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion.


Fees


Fees and charges, if any, are described on the Site, and in the event you elect to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted on the Site. Audacity may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. All fees paid to the Company are solely for services provided by the Company through the Site and no payments made in connection with the Site should be made with any expectation by a Member to receive any return payment.


Eligibility


Participation in the Site is void where prohibited. This Site is intended solely for users who are sixteen (16) years of age or older. Any registration by, use of or access to the Site by anyone under 16 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Services or the Site, you represent and warrant that you are 16 or older, and that you agree to and will abide by all of the terms and conditions of this Agreement. If you are entering into this agreement on behalf of another person or entity (“Entity”), you represent that you have the authority to enter into this Agreement on behalf of such Entity, and to bind such Entity to the terms of this Agreement.


Registration Data and Account Security


In consideration of your use of the Site, you agree to:


(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");

(b) maintain the security of your password and identification;

(c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete;

(d) be fully responsible for all use of your account and for any actions that take place using your account.


Proprietary Rights in Site Content; Limited License


All Site Content is the proprietary property of the Company, its Members or other licensors, with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Subject to the terms of this Agreement, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your own personal use, in connection with your participation on the Site and in accordance with these Terms.


You shall not use any data mining, robots or similar data gathering or extraction methods on the Site or Services. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. The foregoing license is revocable at any time by the Company without notice and with or without cause.


License of Project Member Content


Our Site enables our Community of users to create Projects and develop Products through the contributions of our Members, which may ultimately result in a valuable product, set of code or other form of technology. ll Members in a Project share access to the Project contents, but licence is not granted until a Project has ended and ownership rights distributed to Project Members.


Limited licence shall be granted under Audacity Copyright to Members for promotion purposes for the duration of a Project.


Member Responsibilities


Members are responsible for providing full legal names, address and date of birth to allow creation of either legal documents to transfer intellectual property at the end of a Project or to enable creation of a Limited or Limited Liability Company for the transfer of intellectual property or assets. Failure to provide these details may result in the loss of project entitlements.


Members are responsible for recording their contributions directly to a Smart Contract and to do so by their own free will. Members are assumed to understand that once a Smart Contract has been created, the terms of a Smart Contract cannot be modified.


Membership Status


Project Member are curated by the Project’s primary Member (Project Lead”). A Member may be removed from a project by either the Project Lead or by Audacity at any time without notice. A member may have their membership suspended without notice. In the event that a Member is removed or suspended from a Project, they do have the right to access the site in order to assure contributions to the Project. 


In the event that the Project Lead is removed or suspended from a Project, their Member role will be replaced by an existing team Member.


Members removed from a project retain all right to work or contributions submitted during the period they were active on the Site.


Audacity is not responsible for curating Project membership or for mediating disputes between Members. However, Audacity retains the right to do so at its discretion.


Access to a Project’s Smart Contract is restricted by Members who have been invited to that Project. Parties who illicitly access a Project’s Smart Contract may not be assigned equity or ownership of a project in any way, and may be prosecuted.


A Smart Contract may only be accessed via a Member’s private key. Private keys are individually assigned to Members at Project signup. The private key is should be known only to that Member and Members should not share the details of their private key with other Members. If lost a Member may lose rights to unregistered Project contributions. In such an event, Audacity takes no responsibility and is not liable in any way.


License to Audacity


In order to make our Site, Services and platform available to you and other Members, we need a limited license to your content. Accordingly, you hereby grant Audacity a non-exclusive, irrevocable, worldwide, royalty-free, fully-paid up, sublicensable (through multiple levels), transferable license under all of your Intellectual Property Rights, to use, reproduce, publicly display, publicly perform, create derivative works of, distribute, digitally transmit, have made, import and otherwise exploit your Member Content for the purposes of operating and providing the Site and Services to you and our other Members. Audacity acts as an intermediary and intellectual property holder during the execution of a Project. All intellectual property is transferred to Members once a project has ended.


    Audacity holds all copyright and intellectual property during the duration of a Project. Members may decide to exit the platform at any time at which point all intellectual property will be transferred to Members based on calculations performed on the Smart contract.


    Members must agree to the outcome of the Smart Contract calculations and sign related ownership transfer documents within fourteen days. Failure to do so may result in loss of ownership.


You agree that you shall not:


(a) take any action or upload, post, e-mail or otherwise transmit to or via the Site any Member Content that infringes or violates any third party rights, including without limitation all Intellectual Property Rights, or rights of publicity and rights of privacy;

(b) impersonate any person without their consent, including, but not limited to an Audacity employee, or falsely state or otherwise misrepresent your affiliation with any Person;

(c) take any action or upload, post, e-mail or otherwise transmit to or via the Site any Member Content that violates any law or regulation;

(d) take any action or upload, post, e-mail or otherwise transmit to or via the Site any Member Content as determined by Audacity at its sole discretion that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(e) take any actions or upload, post, e-mail or otherwise transmit to or via the Site any Member Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(f) take any action or upload, post, email or otherwise transmit to or via the Site any Member Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising or promotional materials that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that the Company considers in its sole discretion to be of such nature;

(h) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(i) attempt to gain access to any other Member’s account or password or"stalk", abuse, or otherwise harass another Member;

(j) charge any third party for use of the Site or the Services;

(k) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or Services or any of its algorithms that are utilized to allocate Influence.

Any violation by you of the terms of the foregoing may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued Influence and any amounts otherwise due to you from the Company.


Member Presentation of Audacity or Audacity Products


Members in the Community may choose to produce a web or mobile application (including, without limitation, a website, blog, Facebook page, Twitter page, or similar) promoting or otherwise presenting Audacity.


Any such use must comply with the following guidelines:


  1. Post the following notice clearly and conspicuously on each and every page within an application:

    "This application is not affiliated with, endorsed by, or in any manner provided or controlled by Audacity, Inc. Audacity, Inc. assumes no liability for the content of this application."

  2. If using any Audacity branding (including, without limitation, Audacity or Audacity product brand names or logos), do not distort or alter the brand appearance. For example, don't change any spelling, don't add or merge words, don't alter color, font or dimensions.

  3. If using any Audacity created imagery (still photos or videos), include the following attribution:

    "© Audacity, Inc. All rights reserved." adjacent to each instance of imagery.

  4. Don't claim any untrue association with Audacity.

Audacity Members are not employees, consultants, contractors or agents of Audacity. Do not include the Audacity name or other Audacity brand name in a domain name (including, without limitation, Facebook page URL or Twitter page URL).


Copyright Infringement Complaints


Audacity is committed to respecting and protecting the legal rights of copyright owners. As such, Company adheres to the following notice and take down policy. If you believe any Member Content infringes upon your Intellectual Property Rights, please submit a notification alleging such infringement (hereafter a “Takedown Notice”).


To be valid, a Takedown Notice must:


(a) be provided to Company’s designated agent, (“Copyright Agent”), as set forth below, and

(b) include the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.


The Company’s Copyright Agent to receive Takedown Notices is: copyright@audacity.id. For clarity, only Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for Company to be authorized to takedown any Member Content, your Takedown Notice must comply with all of the requirements of this Section.


Monitoring Member Content


Audacity is not responsible or liable in any manner for any Member Content posted on the Site or in connection with the Services. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any Member Content. The Company is not responsible for the conduct, whether online or offline, of any Member of the Site or Services.


Disputes Between Members


As a condition of access to the Site and the Services, you release Audacity (and Audacity’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed arising out of or in any way connected with any dispute you have or claim to have with one or more Members of the Site; including, without limitation, any claim that another Member infringes upon your Intellectual Property Rights in any Member Content that you may provide.


You further understand and agree that:


(a) Audacity will have the right but not the obligation to resolve disputes between Members relating to the Services, and Audacity’s resolution of any particular dispute does not create an obligation to resolve any other dispute;

(b) to the extent Audacity elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Service and will not make judgments regarding legal issues or claims;

(c) Audacity’s resolution of such disputes will be final with respect to the Site, and any allocation of Influence or the allocation of any payments due to Members related to the foregoing, but will have no bearing on any real-world legal disputes in which Members of the Services may become involved;

(d) you hereby release Audacity (and Audacity’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Audacity’s resolution of disputes relating to the Site or the Services.


Countries Of Use


The Site and Services are only available for use in the following countries: Note that this list does NOT currently include the United States. Use of the Site and Services by residents of any country not listed here invalidates all agreements between Company and Member and will result in Member’s immediate loss of access to the Site and Services.

United Kingdom
Albania
Andorra
Argentina
Armenia
Australia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Brazil
Bulgaria
Canada
Chile
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Israel
Italy
Kazakhstan
Kosovo
Latvia
Lithuania
Luxembourg
Macedonia
Malta
Moldova
Monaco
Montenegro
Netherlands
New Zealand
Norway
Poland
Portugal
Romania
Russia
San Marino
Serbia
Slovakia
Slovenia
South Africa
Spain
Sweden
Switzerland
Turkey
Ukraine
Uruguay


Warranty Disclaimers


WITHOUT LIMITING THE FOREGOING, THE SITE CONTENT, SERVICES AND ALL OTHER FEATURES ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE SITE AND/OR SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ADDITIONALLY, COMPANY DOES NOT MAKE ANY WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE SITE, SERVICES, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. COMPANY RESERVES THE RIGHT TO CHANGE ANY PART OF THE SITE AT ANYTIME WITHOUT NOTICE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK.


Limitation of Liability


NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY SITE CONTENT, MEMBER CONTENT OR OTHER INFORMATION AVAILABLE ON THE SITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE, SERVICES OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE AND ITS SERVICES. THEN THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.


Indemnification


You hereby agree to defend, indemnify and hold harmless Audacity, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Members of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from:


(a) any breach of this Agreement by you, or

(b) any claims by third parties that your activity on the Site or your Member Content (including your Member Content as incorporated in a Software Product) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their confidential information.


No Archive


Notwithstanding anything contained herein, the functionality provided to you by the Site, Services and the Company’s systems, networks, and servers are not an archive and Company shall have no liability to you or any other person for loss, damage or destruction to your Member Content or any other information submitted to or via the Site. You shall be solely responsible for:


(a) uploading your Member Content;

(b) preventing any loss or damage to your Member Content and

(c) maintaining independent archival and backup copies of any of your Member Content.


Notice


From time to time, Company may revise the Terms of Use. To help you stay current of any changes, Company notes the date that these Terms were last updated below. Your use of the website following the posting of any revised Terms shall be deemed acceptance of the revised policy. Company strongly recommends checking our Terms periodically. If you disagree with the provisions of the Terms at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to the Terms as in effect.


Termination


Audacity may cancel, suspend or block your use of the Site without notice if in the sole judgement of Audacity there has been a violation of these Terms. Your right to use the Site will end once your Member account is terminated, and any data you have stored on the Site, including Member Content, may be unavailable later.


You may terminate your Member account at any time. Company is not responsible or liable for any records or information that is made unavailable to you as the result of your termination of your Member account.


YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, CONTENT OR MATERIALS TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.


Any limitations on liability that favor Company will survive the expiration or termination of these Terms for any reason.


Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be one.

The seat, or legal place, of arbitration shall be London, United Kingdom.

The language to be used in the arbitral proceedings shall be English.

The governing law of the contract shall be the substantive law of The United Kingdom.


Miscellaneous


This Agreement, and any rights and licenses granted hereunder, may not be transferred by you, but may be assigned by Company without restriction. Your access to the Site as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the United Kingdom, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the United Kingdom. Company’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.




Smart Contract Fallback Policy
Draft version 0.02


Last updated 04 November 2019


While every care is taken to ensure the integrity of every smart contract on the site, problems can arise. In those situations where a smart contract might become corrupted or otherwise unusable. Audacity will make every effort to recover the contract. Recovery methods may include, but are not necessarily limited to:


(i) recovery of the contract to the latest viable state,

(ii) updates to the code of the contract in order to correct the issues, or

(iii) open a new contract, then moving the contract information to a new smart contract and closing the defective contract.


Audacity makes no warranty regarding the effectiveness of the recovery mechanism and accepts no liability for any loss of information beyond what may be required by the laws of the United Kingdom. 


Please note that this policy does not cover any situation that may arise from a Member’s misuse of the Site or Service, either accidental or deliberate nor does it cover circumstances or failures of systems or services other than those operated and controlled by Audacity.


Audacity reserve the right to determine Smart Contact state, recovery, upgrade, migration and update mechanisms without warranty or liability to the extent permissible by applicable law.