User Agreement - Sitemap-Flowers-The-Other-Fruit-Making-Choice-Personal-Biosphere-And-Real-World-Smart-Contract-HUMATION

terms of service

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There's no objective definition of perfect, yet there may be perfect for you. We do not judge.

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We do not wish to track why choices were made. That is your business. Not ours

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This User Agreement or Terms of Service ("Terms"), incorporate by reference the Privacy Policy and definitions as binding contract with The Other Fruit®

The Other Fruit® is also referred to as “TOF®” or written in the first-person as “we”, “our” or “us” herein. TOF® [part of HUMATION LTD, a limited company with offices on the 9th Floor, 33 Des Voeux Road, Central, Hong Kong] is further contactable by emailing [email protected] or [email protected] or [email protected]

Terms define member utilization of the TOF® mobile and web applications, The Other Blockchain®, TOF® services and current or future TOF® services herein collectively referred to as the Biosphere (“Biosphere”). Members constitute distinct, single individuals whom may herein also be referred to as “you”, “your”, “yourself” or “yourselves"

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TOF® services are digital. Biosphere purchases are direct between yourself and TOF®. TOF® facilitates member creation, valuation, registration and protection of contractual and various documentation. TOF® owns and utilizes distributed ledger technologies so as to create immutable accounting

TOF® services are to enhance the self-directed, independent, ad-hoc use and disclosures of contractual and copyright ownership claims by members. Anonymous entries in blockchains and movement of TOF® security tokens reflect select Biosphere numerical data, and are made permanently available for participant recall and implementation

Biosphere and TOF® services are provided "as is". TOF® makes no representations or warranties, neither express nor implied, of any kind. We recommend that prospective collaborators conduct independent research to ascertain for themselves the veracity, accuracy, authenticity or reputation of any member and service

By operating your Biosphere member profile you consent to receive various notifications and service communications from TOF®. From time to time and at our discretion we will adjust Terms, openly posting such updates herein

updated on February 6th, 2019

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a. Members are over eighteen [18] years old
b. Members represent, warrant and declare they have full legal and personal ability, capacity and intent, without any legal impediment whatsoever, to enter into contract
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i. TOF® takes no commissions

ii. TOF® is not a common carrier nor a public utility

iii. Members independently perform completion and payments

iv. Bockchain enhanced, registrations of data and multimedia content on distributed ledger technologies and in The Other Blockchain® are essentially permanent

v. TOF® makes no conclusions as to professed quality, popularity or reputation of members work, services or associated offerings

vi. TOF® services are maintained to securely facilitate private achievement of eclectic artistic pursuits as independently envisioned, promoted, reserved or performed by members

TOF® facilitates independently enacted financial and contractual functions towards the autonomous, sovereign utilization of collaborative engagement or exchange contracts which participants hold ownership, accounting and set valuations thereto

vii. Members skill-sets, services, offerings, expertise, professions, experiences, occupations and the like are displayed in Biosphere provided that such displays remain relevantly applicable within established member categories

Applicability is determined as those offerings, services or invitations to engage in collaboration which reasonably constitute genuine immediate or future benefit to members

viii. THOSE SUFFICIENTLY EVIDENCED OR PROVEN TO MAINTAIN BIOSPHERE ACCOUNTS FOR THE PURPOSE OF COLLATING MEMBER'S PERSONAL OR LOCATION DATA ARE IMMEDIATELY REMOVED BY TOF®
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THOSE AS FOUND TO BE IN VIOLATION OF ANY TERM ARE REFUSED FUTURE ACCESS AND PERSONALLY LIABLE FOR PROSECUTION INCLUDING BUT NOT LIMITED TO CLAIMS FOR RESTITUTION, CONSEQUENTIAL DAMAGES, INCONVENIENCES, REPARATIONS AND ALL POSSIBLY APPLICABLE LEGAL CATEGORIES, WITHOUT LIMITATION. PROCEEDINGS CAN BE CONDUCTED IN CIVIL OR CRIMINAL COURTS. VIOLATORS WILL BE PURSUED TO THE FULLEST EXTENTS PERMISSIBLE BY LAW

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a. Use of Biosphere
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i. Members operate profiles in either the general or corporate category

ii. Providers operate profiles in one distinct membership category, unless expressly permitted by TOF® to do otherwise

iii. Artists or creators operate profiles in no more than three membership categories, unless expressly permitted by TOF® to do otherwise

iv. TOF® grants activated member accounts personal, worldwide, royalty-free, non-exclusive, non-transferable license of Biosphere use

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b. You define collaboration and contract
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i. TOF® does not hold deposits

ii. Members set terms and conditions of registered contract

iii. Processing fees are calculated to specified amounts and billed once 

Settled processing fees initiate subsequent functions provided both the option to purchase concurrent with TOF® order verification are registered via activated Biosphere accounts

iv. Members in registered contract authorize TOF® financial functions

Registered contract conveys acceptance, binding to and comprehensive liability for various significant roles, responsibilities, risks, liabilities, detriments and obligations as found within registered documentation, terms and conditions

v. You have full legal and personal ability, capacity and intent to enter into binding contract, under the TOF® Biosphere, and under your respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

You are stating that you have no physical, mental nor financial restriction that shall adversely affect, prohibit or in anyway hinder your defining and reasonably fulfilling registered contract exactly in the manners you now and in future agree to

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c. Contracts
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i. Registered contracts set timed TOF® functions

These can include but are not limited to forms of financial conversions and transactions on Purchasing Member's behalf as ordered for TOF®'s processing

ii. Registered contracts set independent completion and payment

As in unilateral cancellation, irrespective of instigated cessation time, declared or understood independent repudiation of registered contract obligations or the like means any such action may result in a loss of monies to the cancelling participant

iii. Registered orders and contracts are recorded in participant's Biosphere accounts

Such accounting and select activity data can also be anonymously entered in The Other Blockchain® thereby creating dual time-stamped authentications

iv. Participants select contract's courts of law or applicable, overseeing institutions

v. Guarantee services can become available to established members

If available and selected for purchase at the time of contract registration, TOF® guarantee services act as confirmation of Purchasing Member able to immediately transfer sufficient payment throughout consummation of registered contract

vi. Contract registration is paid for by Purchasing Member

Contract registration follows participant's complete, reasonable, considered and recorded bargaining of all material terms and conditions contained therein

vii. Registered contract is binding and formal agreement

Bearing participant's unique Biosphere keys and personal electronic signatures, integration by reference of associated data or otherwise conveyed written requirements necessary to achieve completion all set registered contract and associated documentation as detailing participant's binding risks, obligations or liabilities which guide independent conduct throughout consummation

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d. For Sale & Open Collaboration
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i. Pins can be placed in any location

ii. Pins are created for free

There is no cost for activated members to create single or multiple pins. All pin types and categories are free to upload for activated members, irrespective of location and display duration

iii. Pins appear for a set time

Pin display duration is measured by member's timed expiry or direct removal by posting member

iv. Pins may contain multimedia

v. Data or information contained in pins is generated, defined by and remain relevant only to its individual posting, uploading member

vi. Pins are promotional, referencing possible terms or results of future collaboration

Pins are not perfected agreements, contracts nor do they contain sufficiently detailed material terms and conditions so as to constitute binding relationship. Pins have no presupposition of inherently transpiring commercial activity, promises or manifestations of mutual consideration, consent or the like

vii. For Sale and Open Collaboration pins can, for example:

outline ideal commissions;

state desired services;

set possible sales results;

list existing inventories of items or products;

propose artistic projects or concepts;

share descriptions of envisioned events;

describe artistic endeavors that are as yet to materialize in any shape or form;

list packaged products or sets of service offerings;

share listings of possible copyrights for sale;

share descriptions of envisioned commissions;

state members desired collaborative service;

offer speculations of possible collaborative exchange;

specify members availability for future artistic endeavors;

outline concepts intended as future artistic performances;

state open calls seeking member feedback, participation or the like

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i. Members MUST NOT
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a.Initiate unwanted contact or otherwise generate spam;

b. Willfully proceed with activities that violate pertinent laws or legislation;

c. Receive funds so as to circumvent any responsibility, law or legislation;

d. Disrupt, impede or infringe on other member's rights or well-being;

e. Knowingly mislead, fail to disclose or misrepresent any term, condition or situation;

f. Falsely advertise, promote or otherwise market items, offerings, services, treatments or the like;

g. Upload, use, claim, represent or present any data or content and works including their descriptions other than your own;

h. Discriminate on the basis of gender identity, disability, ethnic background, nationality, marital status, sexual orientation or age;

i. Promote any work or service that is not in your control or within your ability to by any reasonable definition satisfactorily supply or provide;

j. Take any action that may slow, damage or hinder Biosphere applications, sites, TOF® services or associated APIs;

k. Share details such as personal telephone numbers or email addresses for any other purpose or requirement other than completion of registered contract;

l. Request, suggest or plan collaboration with any current or previous Biosphere member outside of or otherwise off registered contract;

m. Dilute or damage The Other Fruit®'s (TOF®), HUMATION LTD's, Real-World Smart Contract®'s (the RWSC®) or The Other Blockchain®’s name, image or reputation through unauthorized use of brand names, content, systems, technologies or structures

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ii. Members are responsible for adherence with local laws, legislation, tax requirements, conduct and the like including repercussions claimed as deriving therefrom

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iii. Should you violate any Term you thereby admit knowledge of such violation and consequently hold TOF® harmless from any perceived or tangible liability

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a. Overview
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i. Your Biosphere use is lawful

ii. Members are responsible for their conduct

iii. Members, even temporarily, choose one location

iv. Open content remains visible to other members

Open content such as profile details or pins are visible to members whom you have not blocked. Such content can be found by non-blocked members in their conducting of searches in Biosphere's global map

v. Direct chats start after your agreement with terms and costs

Direct inter-member communications may only commence following your acceptance of a member profile's specified terms which can include authorization confirmation of minimum financial requirements

vi. TOF® may have no definitive knowledge of participant's real world conduct including but not limited to registered contract's:

participants actual working locations;

privately exchanged requirements for completion;

participants actual, pending or processed payments;

participants independently arranged payments and transfers;

valuations and currencies used in payment's exchange;

payment methods such as wallet use or the like

It is possible that these and other activities may only be known to you or comparably only known between the participants in registered contract

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b. Postings, communications and content
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i. Postings, communications and content are accurate and complete

You may not knowingly convey any material or data which is fake, fraudulent, copied, deceptive, defamatory, libelous or offensive. The classification of which is determined at TOF®’s reasonable discretion

ii. You actively hold copyrights to content used in Biosphere

iii. You are responsible for the authenticity of uploaded data, the use and disclosure of your personally identifiable information in Biosphere

Content intended for display shall appear in Biosphere search results. It is possible that this searchable content can be shared by members, potentially off Biosphere, and then indexed by search engines or the like

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a. Reviews
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i. Reviews and connections reflect members personal opinion or preference

ii. Reviews are subjective experiences of a completed registered contract

Members may not ‘rate’ others in any general or abstract sense. Reviews are considered accurate only in so far as representing the truncated or compressed extracts of directly experienced, subjective participant interpretations

iii. Reviews, connections and feedback does not contain any purposefully inflammatory, bigoted or spiteful statements or the like

Classification of inappropriate, inflammatory, bigoted, spiteful or similarly prohibited comment type classifications are reviewed and determined at TOF®'s reasonable discretion

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b. TOF® does not endorse members
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i. Activated member status records TOF®'s successful review of personal identification documentation and the registration of a payment method

Member's displayed or recorded Biosphere status and connections may not be taken as TOF®'s promotion or indication of the quality, reliability nor veracity of associated member services offerings, items, products or the like

ii. Reviews, ratings, feedback and similar member submitted evaluations are recorded by TOF®

TOF® reserves the right to share such typically non-personal or summary data when appropriate or when sharing is held as being of benefit to the community

iii. TOF® can, without warning, immediately delete any member profile and prohibit its future Biosphere access 

TOF® may delete any member profile as reasonably evidenced to be in manipulation of the review, connection or rating systems or whom may be in violation of Terms

To the full extents permissible by law TOF® and its employees, agents and authorized representatives accept no liability of such Biosphere access restriction imposed including any claims of losses and damages

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a. Copyright ownership registration
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i. Copyright is tentatively accorded to member's uploaded content

ii. Copyright Registrations set Purchasing Member's ownership claims

Copyright Registration services record ownership claims in distributed ledger technologies, in The Other Blockchain® or through implementation of TOF® owned decentralized applications [DAPP]

A 400x400px thumbnail image of registered content can be shown on its dedicated results webpage. Each TOF® registration receives a unique URL on TheOtherFruit.io with viewing becoming possible subsequent to processing via web-browser entry of the precise web address

IPFS encryption is an open source, decentralized technology used for content hosting and recall. Download access to IPFS encrypted content is made possible through unique cryptographic, multihash strings [keys]. Relevant keys are shared with Purchasing Members. IPFS keys permit decentralized download of IPFS registered content. Download using IPFS keys can be accessed through The Other Blockchain® result pages or from IPFS networks

iii. Copyright Registration currently accommodates the following file types;

[.3DM] Rhino 3D Model;
[.3DS] 3D Studio Scene;
[.3G2] 3GPP2 Multimedia File;
[.3GP] 3GPP Multimedia File;
[.AI] Adobe Illustrator File;
[.AIF] Audio Interchange File Format;
[.ASF] Advanced Systems Format File;
[.AVI] Audio Video Interleave File;
[.BMP] Bitmap Image File;
[.DDS] DirectDraw Surface;
[.DWG] AutoCAD Drawing Database File;
[.DXF] Drawing Exchange Format File;
[.EPS] Encapsulated PostScript File;
[.FLV] Animate Video File;
[.GIF] Graphical Interchange Format File;
[.IFF] Interchange File Format;
[.INDD] Adobe InDesign Document;
[.INDD] Adobe InDesign Document;
[.JPG] JPEG Image;
[.M3U] Media Playlist File;
[.M4A] MPEG-4 Audio File;
[.M4V] iTunes Video File;
[.MAX] 3ds Max Scene File;
[.MID] MIDI File;
[.MOV] Apple QuickTime Movie;
[.MP3] MP3 Audio File;
[.MP4] MPEG-4 Video File;
[.MPA] MPEG-2 Audio File;
[.MPG] MPEG Video File;
[.OBJ] Wavefront 3D Object File;
[.PCT] Picture File and
[.PDF] Portable Document Format File
[.PNG] Portable Network Graphic;
[.PS] PostScript File;
[.PSD] Adobe Photoshop Document;
[.PSPIMAGE] PaintShop Pro Image;
[.RM] RealMedia File;
[.RTF] Rich Text Format File;
[.SRT] SubRip Subtitle File;
[.SVG] Scalable Vector Graphics File;
[.SVG] Scalable Vector Graphics File;
[.SWF] Shockwave Flash Movie;
[.TGA] Targa Graphic;
[.THM] Thumbnail Image File;
[.TIF] Tagged Image File;
[.TIFF] Tagged Image File Format;
[.TXT] Plain Text File;
[.VOB] DVD Video Object File;
[.WAV] WAVE Audio File;
[.WMA] Windows Media Audio File;
[.WMV] Windows Media Video File;
[.YUV] YUV Encoded Image File;
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iv. TOF® uses custom copyright search and identification software

Registered content searches are visually based and do not publicly release member data nor alter usage rights, interests or copyright titles of ownership

Copyright Registrations are confidentially secured in blockchains, distributed ledgers, using innominate coded entries which subsequently permit members choice to implement or disclose such references at their independent discretion

To extend claim protection reviews, TOF® may cross-reference, research and utilize custom image recognition software designed for the identification, and subsequent notification to Purchasing Member, of any TOF® registered content's external [online] appearances

This process can include TOF®'s analysis of Biosphere multimedia content, copyright claims and of associated data. Additional services in such content search or analysis may generate direct notifications to Purchasing Member's as to TOF® registered content's possible external copyright infringements. TOF®'s ongoing use of custom software, tools and resources for ongoing identifications of copyright violations of registered content is performed at TOF®'s reasonable discretion and convenience

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b. Selling your intellectual property [IP]
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i. IP Sales Contracts can be individually registered

ii. IP Rights can be sold separate from collaboration

IP Rights to generated content as deriving or resulting from collaborative engagement or exchange may, at no additional cost, be specified for transfer assignment. The presence or absence of such stipulation is enacted by collaboration's artist, creator, seller or likewise at the IP Right owner’s discretion

iii. Absent concurrently registered IP Sales Contract, receiving participant is typically granted personal, non-commercial use

IP Right ownership assignment to collaboration recordings; documentation of sessions or performances; photographs of work or similar content as arising from collaborative engagement or exchange may be included within completion requirements of registered collaboration contract

IP Rights of generated content resulting from registered collaboration contract completion may be sold by the specified IP Right's owner participant as in separately registered IP Sales Contract

IP Rights inevitably remain subject to appropriate limitations and reasonable stipulations as specified throughout Biosphere contract and associated communications

iv. IP Rights must be verified before registered as successfully transferred. TOF® Copyright Registration may be documentation of such IP Right ownership

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c. Presuming ownership
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i. IP Right ownership can be registered with TOF®

ii. Producer members receive automatic IP Right ownership assignment

Artist, creator and provider categories constitute producer member classifications. By default, IP Right ownership of data and content uploaded in Biosphere, as created in collaboration or derived therefrom, are contractually specified as belonging to the collaborative participant operating in the producer or creator member categories

Preset contract assignment is distinguishable as IP Right ownership is most frequently specified as initially not belonging to collaboration's Purchasing Member

In good faith, TOF®'s tentative IP Right ownership assignment extends to content generated during consummation of registered contract is with the assumption that such members do actively hold ownership of IP Rights

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d. Utilizing copyright registration
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i. Purchasing Member controls claim and use of Copyright Registration

TOF® does not verify nor predict the usability, impact nor legal influence that IP Right ownership registration, Copyright Registration, similar Biosphere ownership claims to content's copyrights, TOF® certifications nor associated documentation may carry - particularly during its future presentation in unknown courts of law or jurisdictions

TOF® is not responsible for involvement nor participation in proceedings as may, in part or full, pertain to judicial or formal intellectual property and copyright content ownership claims and actions as may be independently initiated by current or former Biosphere members

ii. Member's are responsible for maintenance of records

TOF® endeavors to maintain the most accurate accounting of Biosphere orders including securing coded blockchain records via The Other Blockchain® or in various distributed ledgers and networks. This may include Biosphere registered content's IPFS encryption and associated keys as become assigned thereto

iii. Purchasing Member can request TOF® issue registration certification

TOF® issued Copyright Registration certification, with Biosphere purchase proof, indicate blockchain specific data including relevant dates, unique numerical blockhash, identification processing number, transaction time-stamp and the like

iv. Copyright Registrations, certifications and associated processes are conducted at TOF®’s sole discretion, convenience and judgement 

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e. TOF® operates and pursues copyright related issues in accordance with Hong Kong Copyright Ordinance Cap. 528 and Prevention of Copyright Piracy Ordinance Cap. 544
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a. You are a self employed, free agent
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i. You are not TOF®'s employee by any definition

ii. You declare ongoing legal rights to operate in your chosen location

iii. You independently select payment modes in registered contract

iv. You may not impose any surcharge for Purchasing Member’s Biosphere use

Members can neither add extra costs or fees to Biosphere related invoices for payment, as in registered contract, for member's purchase of goods, materials or services and the like

v. Up to registered contract limits, members operating in provider categories are credited full valuation amounts for payment or settlement

vi. Purchasing Member is a principle, direct collaborative participant

Purchasing Member in registered contract is not an agent, attorney or trustee for or on behalf of other members nor any third party

vii. Authorized TOF® registered contract functions are the only ones enforced by TOF®

viii. TOF® may have no direct knowledge of registered contract participant's performance, consummation, execution of agreed obligations and responsibilities nor payment methods utilized

ix. Contracts involving sessions, performances, appearances or timed in-person interactions may require one or both parties departing from locations in accordance with set schedules

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b. You define collaboration
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i. Registered contract is binding in legal agreement

Independently you enter into registered contract assuming all associated risks, liabilities and responsibilities contained therein

Collaborations are voluntary and privately conducted between members whom, in registered contract, act as collaborative participants

ii. TOF® functions are enacted in accordance with registered contract and concurrently valued up to set limits

Other than those explicitly stipulated you may not presume any additional understanding, duty, obligation or relationship exists between yourself and TOF®

iii. You are responsible to read, understand and adhere with terms and conditions of registered contract

Participants in registered contract agree to any lawful terms and conditions as required for completion. This entails the possibility of participants engaging in most any kind of sale, performance, appearance, purchase, procedure or similarly specified service offering that parties mutually set as appropriate

iv. TOF® does not control the reality, value, correctness or legitimacy of members activity, content, services, offerings, items or products in registered contract, including;

the veracity or precision of services and descriptions;

Biosphere connections or reviews;

Biosphere uploaded content;

third party services or engagement;

completion of collaborative engagement or exchange including participant's associated roles and responsibilities

v. TOF® may have no review access to participant's actions in relation to registered contract's:

completion;

performance;

sessions nor attendance;

delivery of items, services or goods;

conduct including that of attendees;

roles, duties, requirements or responsibilities;

implied understandings and similar comparable details in collaboration

vi. Registered contract may form substantial evidence in legal proceedings

TOF® secures registration of Biosphere contractual documents, processes distinct supportive timed functions, sets date dependent digital actions for processing, creates entry in blockchain and distributed ledgers during coded accounting as well as periodically executes numerically quantified conditional logic-based protections as have been ordered by participant's in registered contract

Registered contract and collaborative engagement or exchange associated documentation thereby may form significant, admissible evidence as to participant's intended or actual roles, responsibilities, subsequent legal or financial liabilities and material detriment as may be stipulated therein

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c. Orders, transactions, purchases & registrations
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i. Biosphere purchases are for direct, digital TOF® services

All purchases declare your review, understanding and acceptance of Terms

ii. Participant's adjustment of registered contract can be possible

iii. In registration, Biosphere hypermedia contractual documentation templates, contracts, are collated under a single agreement title

Collaborative engagement or exchange contractual documentation may be created through summation and collation of participant-member conducted content and associated Biosphere activity

Supportive information and data to registered contract can include all relevant collaborative stipulations as derived from participant exchanged communications, pins, postings and any similar Biosphere content including promotional descriptions or other writings

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d. Responsibility
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i. Location specific, ongoing legal adherence is not monitored by TOF®

Collaborative participants are responsible for compliance with all pertinent laws, legislation and formal regulations as may apply to owned registered contract

ii. TOF® does not monitor member's operating, service nor licensing requirements neither is TOF® involved with any member's license procurement or verification

As may grant its owner legal or formal rights of professional qualification so as to perform or conduct a service, performance, treatment, offering, profession, business or the like TOF® is in no way responsible for any member’s possession nor use of such licensing, including lack thereof

It is important to note that members in certain regions, particularly within the European Union and in the United States of America, may be required to procure government issued licenses or similar official approvals before becoming legally classified as ‘permitted’ to perform certain types of services, sales as well as to be permitted to interact with peoples located in or even with citizens of specific other countries

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e. Correct information
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i. You maintain accurate Biosphere account information

You are responsible for the accuracy of submitted payment and payout specifications, profile settings and the like as recorded by TOF®

ii. Ongoing utilization of Biosphere and services requires that TOF® hold your correct personal information

Accuracy requirements include ongoing complete and proper conveyance between collaborative participants of registered contract's completion roles, duties, responsibilities, requirements as well as only selecting mutually appropriate, hygienic and safe working locations

iii. Completion requirements of registered contract with relevant liabilities, costs, fees or charges are found throughout associated documentation

Collaboration's codes of conduct may likewise be partially dependent on participant's previous and privately generated, written exchanged communications as relate to registered contract

iv. Collaborative participant's are bound in contract upon purchase of registration

You are responsible for the accuracy of data contained in your agreements, hypermedia contractual documentation, associated conditions, content and Biosphere. Registered contract constitutes legally enforceable terms and conditions which may further stipulate financially significant functions and responsibilities

Participant's are responsible for real world results as claimed to be derived from registered contract. Such may include, but are not limited to, physical or emotional repercussions of interaction initiated on or related either partially or fully to utilization of Biosphere or TOF® services

v. Collaborative participants acknowledge each may receive or have access to private information

Private information or similarly classified sensitive data can for example relate to past, present or future products; creative works; delivery addresses; marketing strategies; pending projects and similar information which might be classified by either party as proprietary, confidential and not intended for public release, knowledge or dissemination

Agreement may stipulate independently participants respectively honor confidentiality requirements of private information or data exchanged during formation, consummation and completion of registered contract

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f. You understand & acknowledge
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i. TOF® services are digital

TOF® services and functions are predefined. Each pertains to member ordered security, protection and registration processing. TOF® services may have no bearing on registered contract's completion roles, duties, terms, conditions, requirements or similar stipulations of participant conduct

ii. TOF® services are purchased by one Purchasing Member

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g. Processing fees
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i. Purchasing Member is comprehensively responsible to settle amounts owed

Purchasing Member grants TOF® automatic authorizations for immediate billing of total amounts owed. Owed amounts may include transfer fees, transaction or additional charges and similar costs regardless of registered contract's completion, cancellation, acceptance or settlement including any number of tangible results possibly achieved or the lack thereof

ii. Third party costs are not controlled by TOF®

Ordered TOF® services and transactions can involve third parties. Typically third parties are payment processors or credit card merchants. Third party orders and transaction costs are independent to TOF® services and Biosphere

Following Purchasing Member's ordered instruction, third party costs or similar owed transaction percentages amounts may arise. These are added on top of or in addition to the cost of TOF® services

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h. Making a purchase
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i. TOF® service fees are listed at time of purchase

ii. Dual member confirmation may be required before TOF® processing

iii. Collaborative participants may settle payment directly, independently and at anytime throughout consummation of registered contract. This capacity is available in most forms of collaborative engagement and exchange

iv. Registered settlement amounts can be adjusted anytime up to two days [48 hours], prior to contract closure or expiry

Dependent on existing, verified dual member certification, registered contract settlement amounts, TOF® service processing charges and registered contract totals may be increased following ordered adjustment

Registered settlement amounts, TOF® service processing charges and registered contract totals may never be less than or lowered from initially established cumulative total values and amounts

v. Guarantees may be available

TOF® guarantee services can be available to certain established members as are authorized by TOF®. This optional, selectively available TOF® guarantee service amount is set for either immediate or delayed processing

TOF® guarantee service charge amounts are separate from all other TOF® service purchases and amounts. TOF® guarantee service charge amount as owed by Purchasing Member is calculated to be 3% to 12% of total protected values

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i. Closure can be automatically processed
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i. Closure is limited by registered contract's total value

Automatic processing of registered contract's closure can be initiated by TOF® should no participant register Dispute or adjustment within a minimum of one day [24 hours] prior to completion date

ii. Automatic closure by TOF® occurs no earlier than two days [48 hours] following registered contract's completion date

Dual member certification may be presumed with closure or settlement of registered contract initiated by TOF®, on either participant’s behalf, anytime after two days [48 hours] following completion date

iii. Closure may also automatically process registered purchases, transfers, transaction and the like

Existing authorization does not necessitate Purchasing Member be actively logged into Biosphere to enable TOF®'s processing. TOF® services permit possible deductions, movements or access to Purchasing Member's owed amounts

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j. Deliveries
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i. Time of receipt or inspection may be influenced by third party transportation service providers

ii. Reasonably it is expected that receipt or inspection should occur no later than 40 days [960 hours], past registered contract's completion dates

iii. If a stipulation of registered contract completion, dual member verification may be necessary following inspection by Purchasing Member whom may also be known as the receiving member or receiving participant

iv. Transportation of deliverables remains the responsibility of the sending collaborative participant, provider, whom is advised to independently arrange sufficiently reliable tracking or insurance during delivery so as to avoid any potential losses

Where acceptance following receipt is neither gained nor granted, where a deliverable does not arrive or is proven to have not been received within 40 days [960 hours] following registered contract's set completion dates then, independently, provider remains responsible for any refunds, replacements, rescheduling and or losses as may then be determined necessary

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k. Requests to cancel
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i. Should either participant wish to cease interaction yet not register Dispute, a request to cancel registered contract can be processed by TOF®

ii. Should either participant be reasonably considered unreachable or unavailable for a period equal to or longer than 5 days [120 hours], request to cancel registered contract can be processed by TOF®

iii. A request to cancel registered contract or initiate closure be processed by TOF® can be filed for any reason, rational or motivation deemed by parties as appropriately acceptable

Written cancellation requests, as defined ad-hoc, can become registered by TOF® following dual member authorization

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l. Registered Dispute pauses processing
-

i. Settlement may only be processed by TOF® following registered contract's closure, acceptance or Tribunal's ruling

ii. Dispute filing by either participant in registered contract initiates Tribunal's investigation of registered contract, associated documentation and participant communications

iii. Non-arrival defines Dispute situations where there exists an evidenced or proven lack of delivery, performance or receipt previously set in registered contract as being required for completion

iv. Misrepresented defines Dispute situations where there exists an objectively reasonable, evidenced or proven failure of a participant to accurately provide that which has been set in registered contract as required for completion

Misrepresented may also be applied to situations where there exists evidenced or proven attempts towards completion of registered contract by a participant yet such attempts objectively and significantly differ in quality or substance from registered contract's description of material requirements or standards

Misrepresented may likewise be applied when a participant's efforts or actions, as when reasonably held in comparison to existing definitions or quantified completion requirements in registered contract, are proven or evidenced to indeed materially differ from stipulated requirements of completion within registered contract

v. Settlement processing permits TOF®'s execution of financial functions for and on behalf of either participant in registered contract

Settlement can be processed by TOF® even when completion of registered contract may or may not have been conducted yet a collaborative participant has unequivocally verified that existing contractual requirements or stipulations have not been honored, initiated, conducted nor processed via Biosphere or any other medium and technology within applicable time frames and that such non-performed payment, transfer or contracted exchange has further not been completed or received, in part or whole, by such participant's agent, friend, associate, representative or the like

-
m. By TOF®
-

i. TOF® services are preset, legally correlated functions

TOF®'s services, functions and processes are made explicit throughout Terms and registered orders. In their entirety all registered contract terms and conditions enforced by TOF® pertain to participant's independent registrations of documentation and digital functions with such service's purchase and fulfillment constituting single or a series of timed and direct transactions between the Purchasing Member to and with TOF®

ii. Contract, adjustment to and associated processing of contract functions may only be held as active following TOF®'s direct confirmation of service order and registration

-
n. Members are suggested to independently secure insurance protection throughout their consummation of registered contract so as to safeguard against possible external costs such as travel related fees and the like

SEVEN-ONE-Artwork-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with an Artist or creator, hereinafter referred to as "Artist", who has currently posted his or her Biosphere profile in the art/work or provider member categories. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Artists-And-Creators---Collaboration-Hypermedia-Contractual-Documenation---Intellectual-Property-Registration-And-Sales---The-Other-Fruit---Making-Choice-Personal_ZXB1

The following clauses, 7.1a to 7.1o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Presentation" of the Art/Work by the Artist to the Purchasing Member. Purchasing Member shall in consideration of the creation and delivery, pay or transfer payment of the fee due to the Artist. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

Artist represents and warrants that he or she is an independent contractor, Artist is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper completion of the work or engagement without any delay or defect

Artist is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

Artist shall control the manner, means and details of his or her collaborative engagement performance, completion and delivery of the Art/Work subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties

c.

In good faith, the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

Artist is responsible for the safe, proper and timely creation and delivery of the Art/Work described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, service or results stipulated in writing by the parties. Artist undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper creation and delivery of the Art/Work

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder the performance of the works and creation of the Art/Work by the Artist

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the Artist for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of Artist's physical disability or incapacity to create or complete the commissioned Art/Work due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the Artist. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing member shall pay the Artist, or the heirs of the Artist in case of death, a part of the price agreed upon, in proportion to the value of the part of the work done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

Artist or his or her representative designated in writing may document the Artist's Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the Artist shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Art/Work, throughout the entire world in perpetuity except only for the ownership and possession of the material object or digital asset created as a result of the commission of the piece of which which shall belong to the Purchasing Member

f.

The fee due to the Artist shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Art/Work; premium fee for expeditious Contract execution; alteration requests to Art/Work or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at Artist’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the Artist

g.

Purchasing Member shall process the payment or transfer of the fee due to Artist following the verified delivery and receipt of the Art/Work, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the Artist in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the Artist has been made, where the member submits electronic documentation showing that the final or only invoice of the Artist has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and Artist are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Art/Work;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the Artist in creating or delivering the Art/Work, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Artist, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Artist shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the work is not of such quality, the Purchasing Member may require that the Artist remove the defect or execute another work. If the Artist fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the Artist

Acceptance of the work by the Purchasing Member relieves the Artist of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the work, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the Artist shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Art/Work shall be deemed as timely and properly delivered and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the Artist, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

SEVEN-TWO-Tattoo-Artist-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with a Tattoo Artist or creator, hereinafter referred to as "Tattoo/Artist", who has currently posted his or her Biosphere profile in the art/work or provider member categories. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Tattoo-Artists---Collaboration-Contractual-Template-Documentation-And-Terms-Seven-Two---Flexible-Hypermedia---Artists-Global-Collaboration-Utility_ZXB1

The following clauses, 7.2a to 7.2o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Application" of the Art/Work by the Artist to the Purchasing Member. Purchasing Member shall in consideration of the creation and delivery, pay or transfer payment of the fee due to the Tattoo/Artist. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

Tattoo/Artist represents and warrants that he or she is an independent contractor, Tattoo/Artist is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper completion of the work or engagement without any delay or defect

Tattoo/Artist is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

Tattoo/Artist shall control the manner, means and details of his or her collaborative engagement performance, completion and delivery of the Art/Work subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties

c.

In good faith the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

Tattoo/Artist is responsible for the safe, proper and timely creation and delivery of the Art/Work described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, service or results stipulated in writing by the parties. Tattoo/Artist undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper creation and delivery of the Art/Work

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder the performance of the works and creation of the Art/Work by the Tattoo/Artist

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the artist for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of Tattoo/Artist's physical disability or incapacity to create or complete the commissioned Art/Work due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the Tattoo/Artist. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing member shall pay the Tattoo/Artist, or the heirs of the Tattoo/Artist in case of death, a part of the price agreed upon, in proportion to the value of the part of the work done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

Tattoo/Artist or his or her representative designated in writing may document the Tattoo/Artist's Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the Tattoo/Artist shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Art/Work, throughout the entire world in perpetuity except only for the ownership and possession of the material object or digital asset created as a result of the commission of the piece of which which shall belong to the Purchasing Member

f.

The fee due to the Tattoo/Artist shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Art/Work; premium fee for expeditious Contract execution; alteration requests to Art/Work or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at Tattoo/Artist’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the Tattoo/Artist

g.

Purchasing Member shall process the payment or transfer of the fee due to Tattoo/Artist following the verified delivery, application or receipt of the Art/Work, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the Artist in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the Tattoo/Artist has been made, where the member submits electronic documentation showing that the final or only invoice of the Tattoo/Artist has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and Tattoo/Artist are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Art/Work;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the Tattoo/Artist in creating or delivering the Art/Work, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Tattoo/Artist, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Tattoo/Artist shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the work is not of such quality, the Purchasing Member may require that the Tattoo/Artist remove the defect or execute another work. If the Tattoo/Artist fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the Tattoo/Artist

Acceptance of the work by the Purchasing Member relieves the Tattoo/Artist of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the work, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the Tattoo/Artist shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Art/Work shall be deemed as timely and properly delivered and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the Tattoo/Artist, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

SEVEN-THREE-Body-Modification-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with a Body Modification Artist or creator, hereinafter referred to as "Mod/Artist", who has currently posted his or her Biosphere profile in the art/work or provider member categories. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Body-Modification-Artists---Collaboration-Contractual-Template-Documentation-And-Terms-Seven-Three---Flexible-Hypermedia---Artists-Global-Collaboration-Utility_ZXB1 The following clauses, 7.3a to 7.3o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Application" of the Body/Art by the Mod/Artist to the Purchasing Member. Purchasing Member shall in consideration of the creation, application or delivery, pay or transfer payment of the fee due to the Mod/Artist. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

Mod/Artist represents and warrants that he or she is an independent contractor, Mod/Artist is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper completion of the work or engagement without any delay or defect

Mod/Artist is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

Mod/Artist shall control the manner, means and details of his or her collaborative engagement performance, completion and delivery of the Body/Art subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties

c.

In good faith the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

Mod/Artist is responsible for the safe, proper and timely creation and delivery of the Body/Art described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, service or results stipulated in writing by the parties. Artist undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper creation, application or delivery of the Body/Art

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder the performance of the works and creation of the Body/Art by the Mod/Artist

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the Mod/Artist for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of Mod/Artist's physical disability or incapacity to create or complete the commissioned Body/Art due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the Artist. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing member shall pay the Mod/Artist, or the heirs of the Mod/Artist in case of death, a part of the price agreed upon, in proportion to the value of the part of the work done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

Mod/Artist or his or her representative designated in writing may document the Mod/Artist's Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the Mod/Artist shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Body/Art, throughout the entire world in perpetuity except only for the ownership and possession of the material object or digital asset created as a result of the commission of the piece of which which shall belong to the Purchasing Member

f.

The fee due to the Mod/Artist shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Body/Art; premium fee for expeditious Contract execution; alteration requests to Body/Art or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at Mod/Artist’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the Mod/Artist

g.

Purchasing Member shall process the payment or transfer of the fee due to Mod/Artist following the verified delivery, application or receipt of the Body/Art, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the Mod/Artist in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the Mod/Artist has been made, where the member submits electronic documentation showing that the final or only invoice of the Mod/Artist has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and Mod/Artist are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Body/Art;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the Mod/Artist in creating or delivering the Body/Art, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Mod/Artist, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Mod/Artist shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the work is not of such quality, the Purchasing Member may require that the Mod/Artist remove the defect or execute another work. If the Mod/Artist fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the Mod/Artist

Acceptance of the work by the Purchasing Member relieves the Mod/Artist of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the work, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the Mod/Artist shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Body/Art shall be deemed as timely and properly delivered and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the Mod/Artist, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

SEVEN-FOUR-Performance-Artist-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with a Performance Artist hereinafter referred to as "PRFM/Artist", who has currently posted his or her Biosphere profile in the art/work or provider member categories. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Performance-Artists---Flexible-Hypermedia-Contractual-Documentation-Templates---The-Other-Fruit---Securing-Intellectual-Privacy-And-Property---Global-Utility_ZXB1

The following clauses, 7.4a to 7.4o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Performance" of the Work by the PRFM/Artist to the Purchasing Member. Purchasing Member shall in consideration of the creation and delivery, pay or transfer payment of the fee due to the PRFM/Artist. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

PRFM/Artist represents and warrants that he or she is an independent contractor, PRFM/Artist is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper completion of the work or engagement without any delay or defect

PRFM/Artist is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

PRFM/Artist shall control the manner, means and details of his or her collaborative engagement performance, completion and delivery of the Work subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties 

c.

In good faith the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

PRFM/Artist is responsible for the safe, proper and timely creation and delivery of the Performance described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, service or results stipulated in writing by the parties. PRFM/Artist undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper creation and delivery of the Work

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder the performance of the works and creation of the Work by the PRFM/Artist

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the PRFM/Artist for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of PRFM/Artist's physical disability or incapacity to create or complete the commissioned Work due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the PRFM/Artist. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing Member shall pay the PRFM/Artist, or the heirs of the PRFM/Artist in case of death, a part of the price agreed upon, in proportion to the value of the part of the work done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

PRFM/Artist or his or her representative designated in writing may document the PRFM/Artist's Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the PRFM/Artist shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Work, throughout the entire world in perpetuity except only for the ownership and possession of the material object or digital asset created as a result of the commission of the piece of which which shall belong to the Purchasing Member

f.

The fee due to the PRFM/Artist shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Work; premium fee for expeditious Contract execution; alteration requests to Work or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at PRFM/Artist’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the PRFM/Artist

g.

Purchasing Member shall process the payment or transfer of the fee due to PRFM/Artist following the verified delivery and receipt of the Work, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the PRFM/Artist in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the PRFM/Artist has been made, where the member submits electronic documentation showing that the final or only invoice of the PRFM/Artist has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and PRFM/Artist are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Work;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the PRFM/Artist in creating or delivering the Work, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the PRFM/Artist, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The PRFM/Artist shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the work is not of such quality, the Purchasing Member may require that the PRFM/Artist remove the defect or execute another work. If the PRFM/Artist fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the PRFM/Artist

Acceptance of the Work by the Purchasing Member relieves the PRFM/Artist of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the work, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the PRFM/Artist shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Work shall be deemed as timely and properly delivered and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the PRFM/Artist, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract 

SEVEN-FIVE-Models-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with a Model hereinafter referred to as "Model", who has currently posted his or her Biosphere profile in the art/work or provider member categories. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Models---Flexible-Hypermedia-Contractual-Documentation-Templates---The-Other-Fruit---Securing-Intellectual-Privacy-And-Property---Global-Utility_ZXB12The following clauses, 7.5a to 7.5o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Performance" of the Work by the Model to the Purchasing Member. Purchasing Member shall in consideration of the creation and delivery, pay or transfer payment of the fee due to the Model. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

Model represents and warrants that he or she is an independent contractor, Model is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper completion of the Work or engagement without any delay or defect

Model is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

Model shall control the manner, means and details of his or her collaborative engagement performance, completion and delivery of the Work subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties 

c.

In good faith the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

Model is responsible for the safe, proper and timely creation and delivery of the Work described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, service or results stipulated in writing by the parties. Model undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper creation and delivery of the Work

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder the performance of the works and creation of the Work by the Model

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the Model for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of Model's physical disability or incapacity to create or complete the commissioned Work due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the Model. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing Member shall pay the Model, or the heirs of the Model in case of death, a part of the price agreed upon, in proportion to the value of the part of the work done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

Model or his or her representative designated in writing may document the Model's Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the Model shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Work, throughout the entire world in perpetuity except only for the ownership and possession of the material object or digital asset created as a result of the commission of the piece of which which shall belong to the Purchasing Member

f.

The fee due to the Model shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Work; premium fee for expeditious Contract execution; alteration requests to Work or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at Model’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the Model

g.

Purchasing Member shall process the payment or transfer of the fee due to Model following the verified delivery and receipt of the Work, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the Model in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the Model has been made, where the member submits electronic documentation showing that the final or only invoice of the Model has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and Model are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Work;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the Model in creating or delivering the Work, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Model, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Model shall execute the work in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the Work is not of such quality, the Purchasing Member may require that the Model remove the defect or execute another work. If the Model fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the Model

Acceptance of the work by the Purchasing Member relieves the Model of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the work, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the Model shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Work shall be deemed as timely and properly delivered and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the Model, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

SEVEN-SIX-VENUES-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with a Venue hereinafter referred to as "Venue", who has currently posted his or her Biosphere profile in the service or provider member category. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Venues---Flexible-Hypermedia-Contractual-Documentation-Templates---The-Other-Fruit---Securing-Intellectual-Privacy-And-Property---Global-Utility_ZXB1The following clauses, 7.6a to 7.6o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Facilitation" of the Reservation by the Venue to the Purchasing Member. Purchasing Member shall in consideration of the service and or Facilitation, pay or transfer payment of the fee due to the Venue. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

Venue represents and warrants that he or she is an independent contractor, Venue is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper completion of the Reservation or engagement without any delay or defect

Venue is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

Venue shall control the manner, means and details of his or her collaborative engagement performance, completion or Facilitation of the Reservation subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties

c.

In good faith the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

Venue is responsible for the safe, proper and timely Facilitation of the Reservation described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, location, service or results stipulated in writing by the parties. Venue undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper Facilitation of the Reservation

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder Facilitation of the Reservation by the Venue

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the artist for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of Venue's physical disability or incapacity to create or complete or Facilitate the commissioned Reservation due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the Venue. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing member shall pay the Venue, or the heirs of the Venue in case of death, a part of the price agreed upon, in proportion to the value of the part of the work or Reservation done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

Purchasing Member or his or her representative designated in writing may document the Reservation's Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the Purchasing Member shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Reservation, throughout the entire world in perpetuity

f.

The fee due to the Venue shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Reservation; premium fee for expeditious Contract execution; alteration requests to the Reservation or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at Venue’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the Venue

g.

Purchasing Member shall process the payment or transfer of the fee due to Venue following the verified delivery, Facilitation or completion of the Reservation, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the Venue in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the Venue has been made, where the member submits electronic documentation showing that the final or only invoice of the Venue has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and Venue are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Reservation;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the Venue in creating or Facilitating the Reservation, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Venue, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Venue shall execute the Reservation in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the work is not of such quality, the Purchasing Member may require that the Venue remove the defect or execute another work. If the Venue fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the Venue

Acceptance of the Reservation by the Purchasing Member relieves the Venue of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the Reservation, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the Venue shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Reservation shall be deemed as timely and properly delivered or Facilitated and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the Venue, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

SEVEN-SEVEN-Provider-Supplier-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Collaborative Hypermedia Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation as independently and autonomously generated by and between the collaborating Biosphere members. Please follow this link for a walk through of the uses and meanings of the terms listed below

The purchaser, herein after referred to as "Purchasing Member", is entering into a service contract with a Supplier or business hereinafter referred to as "Provider", who has currently posted his or her Biosphere profile in the service member category. With the express objective of entering into mutually binding collaborative engagement the Purchasing Member pays for the official TOF® registration at the space and time indicated to confirm the start of the legally and contractually binding relationship between the parties

Suppliers-And-Providers---Flexible-Hypermedia-Contractual-Documentation-Templates---The-Other-Fruit---Securing-Intellectual-Privacy-And-Property---Global-Utility_ZXB1The following clauses, 7.7a to 7.7o, are incorporated by reference to the collaboration contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("Contract"). The objective or purpose of the Contract is the creation and delivery or "Receipt" of the Deliverable by the Provider to the Purchasing Member. Purchasing Member shall in consideration of the service and or Receipt, pay or transfer payment of the fee due to the Provider. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

Provider represents and warrants that he or she is an independent contractor, Provider is responsible for providing his or her own operating requirements, tools, equipment, hardware, software and other instruments or devices to enable the performance of the specified collaborative engagement and to ensure the timely and proper Receipt of the Deliverable or engagement without any delay or defect

Provider is solely responsible for compliance and solely liable for any non-compliance, with any applicable government or non-government permit, licensing, accreditation and registration requirements necessary or desirable for enabling or authorizing the collaborative activity under the TOF® Biosphere, alongside his or her personal reporting, recording and or settling of applicable taxes or duties as may now or in future be owed or required

Provider shall control the manner, means and details of his or her collaborative engagement performance, completion including Receipt of the Deliverable subject to his or her adherence to deadlines, descriptions, other terms and conditions stipulated in writing by the parties

c.

In good faith the Parties enter into a binding Contract with the mutual intent and commitment to honor and reasonably fulfill all engagement, performance, completion, delivery and payment requirements. Obligations arising from the Contract shall have the force of law between the parties. These obligations shall be complied with in good faith

Provider is responsible for the safe, proper and timely Receipt of the Deliverable described as having been commissioned by Purchasing Member in so far as to provide, create, produce or otherwise deliver the work, goods, items, location, service or results stipulated in writing by the parties. Provider undertakes to exercise due diligence to foresee or anticipate, and thereby plan and implement such reasonable measures to ensure the timely and proper Receipt of the Deliverable

Purchasing Member is reciprocally responsible for adhering to the terms and conditions of the collaborative engagement undertaking to refrain or avoid any act or omission that may reasonably impede or hinder Receipt of the Deliverable by the Provider

d.

The Purchasing Member may by written notice to TOF®, withdraw at will from the commission of the work without need for any cause, although it may have been commenced, indemnifying the artist for all the latter's expenses, work, and the usefulness which the Purchasing Member may obtain therefrom, and for reasonable damages

In the event of Provider's physical disability or incapacity to create or complete the commissioned Deliverable due to unforeseeable or unexpected situations such as illness or injury thereby hindering, impeding or preventing the timely or proper performance of his or her collaborative engagement, or exchange completion requirements, the Purchasing Member may cancel or terminate the registered Contract by written notice to TOF®

The Contract is automatically terminated upon the death of the Provider. In case of termination of the Contract due to such disability, incapacity or death, the Purchasing member shall pay the Provider, or the heirs of the Provider in case of death, a part of the price agreed upon, in proportion to the value of the part of the work or Deliverable done, and of the materials prepared, provided the latter yield some benefit to the Purchasing Member

e.

Purchasing Member or his or her representative designated in writing may document the Contract execution, implementation and consummation activity including but not limited to collection of multimedia content created throughout the collaborative engagement separately and independently of registration or recording under the TOF® Biosphere

To the full extent permitted by the applicable laws, and unless otherwise provided by Contract, the Purchasing Member shall own and possesses all intellectual property rights including copyright or economic rights and moral rights, to the Deliverable, throughout the entire world in perpetuity

f.

The fee due to the Provider shall be limited to the price agreed upon in writing by the parties at the time and space of Contract execution and signing. No additional charges shall be due, except only those charges that may be subsequently agreed upon in writing by the parties

Additional charges may include but not limited to registered and mutually verified changes to the commissioned Deliverable; premium fee for expeditious Contract execution; alteration requests to the Deliverable or Contract made by Purchasing Member or additional sale or provisions of products, goods, equipment, items and or services

In good faith additional charges, being detailed and categorized in writing, may be recorded at Provider’s reasonable discretion, subject to the written acceptance of the Purchasing Member. Upon verified acceptance, Purchasing Member assumes full responsibility and liability to settle the additional charges invoiced by the Provider

g.

Purchasing Member shall process the payment or transfer of the fee due to Provider following the verified delivery or Receipt of the Deliverable, in accordance with the terms and conditions of the commission

Payment by the Purchasing Member shall be based on the monetary amount and currency invoiced by the Provider in accordance with the terms and conditions of the Contract. Payment shall be made by remittance of fiat currency through government licensed bank channels, unless the parties expressly provide in writing for another mode or currency payment

An electronic message sent to or posted at the TOF® Biosphere by the Purchasing Member of the completion of the Contract shall be deemed to confirm that payment of the fee due to the Provider has been made, where the member submits electronic documentation showing that the final or only invoice of the Provider has been paid, simultaneous with or subsequent to the sending or posting of the message. Purchasing Member assumes full financial responsibility and liability for the settlement of the Contract price if such settlement is verified as owed or unpaid

h.

Throughout the duration of the Contract, independently at their own expense, Purchasing Member and Provider are respectively understood to have adequate financial resources to discharge their contractual obligations, or otherwise obtain and maintain adequate personal insurance coverage to cover their potential contractual liabilities

Each party agrees to indemnify the other party concerned, the latter's agents and employees, against all claims, damages, losses, and expenses, including reasonable attorney's fees, that the latter may incur or suffer, resulting from or arising out of the acts or omissions involving fault or negligence in whole or in part of the former, including those acts or omissions of anyone employed by the former for whose acts or omissions it may be liable

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the Contract

Notwithstanding the foregoing, the party prevented from complying with the Contract shall continue to take all actions within its power and control to comply as fully as possible with the Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents it, the party suffering the force majeure shall notify the other party of such event within two calendar days (48 hours) after its occurrence

j.

Any of the following events shall constitute a default of this Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide the service or perform the work in accordance with the material terms and conditions of the Contract, resulting to substantial delay in delivery or material defect in the Deliverable;

v) Failure to make payment in accordance with the material terms and conditions of the Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment.

In case of material default or substantial delay by the Provider in creating or delivering the Deliverable, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Provider, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Provider shall execute the work and Deliverable in such a manner that it has the qualities agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the work is not of such quality, the Purchasing Member may require that the Provider remove the defect or execute another work or deliverable. If the Provider fails to comply with this obligation, the Purchasing Member may have the defect removed or another work executed, at the reasonable cost of the Provider

Acceptance of the work by the Purchasing Member relieves the Provider of liability for any defect in the work, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

If, in the execution of the work, an act of the Purchasing Member is required, and the same incurs delay or fails to perform the act, the Provider shall be entitled to reasonable compensation

Unless the parties stipulate otherwise, the indemnity for delay in delivery shall be in the form of liquidated damages computed at the rate of 1/10 of 1% of the total value of the Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in law, contract, quasi-contract, delict, quasi-delict or equity, or other source of legal or equitable obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Within two days (48 hours) following the Contract’s set date and time of completion Purchasing Member must either confirm Contract closure or initiate Contract Dispute

Closed Contracts record mutually satisfactory fulfillment of the collaborative engagement or reciprocal performance of obligations

Registering Contract Dispute suspends all work activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

In case of failure by the Purchasing Member to register a Closed or Disputed Contract within two days (48 hours), following the Contract’s set date and time of completion, the Deliverable shall be deemed as timely and properly delivered and automatically authorize the settlement of all outstanding billings on behalf and for the account of the Purchasing Member

Once the settlement billing is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate Contract settlement, or the transfer payment directly to the Provider, even for such amounts that exceed the original or existing registered Contract’s cumulative total limits

For and up to the Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict between the Contract that is written in English, and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenforceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenfoceable provision by a valid or enfoceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

SEVEN-Eight--Intellectual-Property-Hypermedia-Contract-Additions-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

Hypermedia IP Sales Contract Additions
-

The Terms and Conditions below are for inclusion or incorporation by reference to the collaborative hypermedia contractual documentation, as independently and autonomously generated by and between the collaborating Biosphere members

The purchaser, herein after referred to as "Purchasing Member", is entering into a contract for the sale, purchase or assignment of a copyright and related intellectual property rights with the owner of the said intangible rights, who has currently posted his or her Biosphere profile in the artwork, creator or provider member categories, herein after referred to as "Owner". With express objective of entering into a mutually binding assignment and transfer of intangible rights

Intellectual-Property-Sales-Contractual-Documentation---Private-IP-Right-Transfer-Or-Assignment-Protected-On-Blockchain-And-With-IPFS-Encryption---The-Other-Fruit---Making-Choice-Personal_ZXB1The following terms and conditions, clauses 7.8a to 7.8o, are incorporated by reference to the IP Sales Contract, read as if written into the main body of such contract and shall thereby apply to the registered collaborative hypermedia contractual documentation ("IP Sales Contract"). The objective or purpose of the IP Sales Contract is Purchasing Member's acquisition and receipt of IP Rights transferred and assigned by Owner (also known as "Artist" or "Tattoo/Artist" or"Mod/Artist" or "PRFM/Artist" or "Model" or "Venue"). Purchasing Member shall in consideration of the transfer and assignment of the IP Rights, pay or transfer payment of the assignment price due to Owner, in accordance with the terms and conditions of the IP Sales Contract. The Terms and Conditions of collaboration are determined by and between the parties, using for this purpose the template provided in this TOF® Biosphere;

a.

Parties mutually represent, warrant and declare they have full legal and personal ability, capacity and intent to enter into a binding IP Sales Contract under the TOF® Biosphere, and under their respective legal jurisdictions based on both nationality and domicile, without any legal impediment whatsoever

b.

The related Intellectual Property rights and copyright ownership, titles or interests of and to the Art/Work, Work or Content described herein ("IP Rights"), may be identified or depicted through attached photographs, videos, media files, physical items, print-outs or other type(s) of specified documentation and or recordings in either digital or physical formats that identify Owner's work, content, performance, product, good and or deliverable which has been expressly detailed to be transferred and assigned by Owner

Collectively these items constitute one identifiable set or bundle of transferable intellectual property rights and copyright ownership title and interests

The subject IP Rights cover only those rights created by and belong to the Owner, including rights described in photographs, recordings, files or other depictions in either digital or physical formats as being expressly provided to Purchasing Member in connection with the IP Sales Contract

c.

Owner agrees that descriptions of IP Rights under the IP Sales Contract and in associated documentation are accurate, thorough and comprehensive, and that no material part of the description, titles, assignment or interests to IP Rights has been omitted

d.

Owner represents, warrants and confirms that it has not previously or simultaneously assigned, transferred, licensed, pledged or otherwise encumbered the IP Rights, or any part of it, in favor of any person other than the Purchasing Member, and that it will not execute any other transfer or assignment in the future, after the present transfer and assignment in favor of the Purchasing Member

e.

Owner represents and warrants that is is not aware of any third party consents, assignments or licenses that may be necessary or otherwise required in order to exercise its rights and perform its obligations under the this IP Sales Contract

f.

Owner represents and warrants that it is not aware of any violation, infringement or misappropriation of any third party rights caused by, related to or in connection with the transfer or assignment of the subject IP Rights

g.

The IP Rights shall be transferred and assigned to the Purchasing member upon the full and timely payment of the price and compliance with the completion requirements

Parties agree that sale or assignment of the IP Rights does not result to or otherwise create a contractual relationship between them, other than the relationship of seller and buyer, or of assignor and assignee, under the IP Sales Contract

h.

The IP Sales Contract shall inure to the benefit of and be binding on the respective successors-in-interest and permitted assigns of each party, who shall to the procure in transferring its interests herein that each such transferee shall execute a deed with the other party by which the transferee agrees to be bound by the provisions of this IP Sales Contract

i.

Unless otherwise agreed by the parties, the failure or delay of a party to perform any obligation under the IP Sales Contract solely by reason of acts of God or nature, natural disaster, acts of government, riots, wars, accidents, force majeure, or other similar causes beyond its control, shall not be deemed to be a breach of the IP Sales Contract

Notwithstanding the foregoing, the party prevented from complying with the IP Sales Contract shall continue to take all actions within its power and control to comply as fully as possible with the IP Sales Contract, and to use its best efforts to remove or remedy the force majeure with all reasonable dispatch. Except where the nature of the event prevents, the party suffering the force majeure shall notify the other party of such event within three calendar days (72 hours), after its occurrence

j.

Any of the following events shall constitute a default of this IP Sales Contract

i) An affirmative act of insolvency by a party or the filing by a party of a petition under any bankruptcy, reorganization, insolvency, or moratorium law, or any law for the relief of, or relating to, debtors;

ii) The filing of any involuntary petition under any bankruptcy statute against a party, or the appointment of any receiver or trustee to take possession of property of a party, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within ninety (90) days of the date of such filing or appointment;

iii) A final judgment or the unappealed decision of a government regulatory officer or agency that results in temporary or permanent suspension of any permit, license, accreditation or registration, the possession of which is a prerequisite to performance by a party under applicable law;

iv) Failure to provide, transfer and assign the the IP Rights in accordance with the material terms and conditions of the IP Sales Contract, resulting to substantial delay in implementation of the said contract

v) Failure to make payment in accordance with the material terms and conditions of the IP Sales Contract, resulting to substantial delay in payment, total non-payment, or partial but substantial non-payment

In case of material default or substantial delay by the Owner in transferring or assigning the IP Rights, the Purchasing Member who is not in default or delay, shall automatically and without need for demand, be entitled to terminate the IP Sales Contract and recover damages by way of indemnity

In case of substantial delay by the Purchasing Member in paying the fee due to the Owner, the latter shall automatically and without need for demand, be entitled to collect the unpaid fee and recover damages by way of indemnity

Neither party incurs in delay if the other party does not comply or is not ready to comply in a proper manner with what is incumbent upon the latter. From the moment one of the parties fulfills the obligations concerned, delay by the other begins

k.

The Owner shall transfer and assign the IP Rights in such a manner that it has the specifications agreed upon and has no defects which destroy or lessen its value or fitness for its ordinary or stipulated use. If the IP Rights is not of such specifications, the Purchasing Member may require that the Owner remove the defect. If the Owner fails or refuses to comply with this obligation, the Purchasing Member may have the defect removed, at the reasonable cost of the Owner

Acceptance of the IP Rights by the Purchasing Member relieves the Owner of liability for any defect in the IP Rights, unless the defect is hidden and the Purchasing Member is not, by lack of special knowledge, expected to recognize the same

Unless the parties stipulate otherwise, the indemnity for delay in delivery, transfer and assignment of the IP Rights shall be in the form of liquidated damages computed at the rate of 1/10 or 1% of the total value of the IP Sales Contract, but shall not in any case exceed 10% of the said value

Unless the parties stipulate otherwise, the indemnity for delay in payment shall be in the form of interests computed at the rate of six percent (6%) per annum

To the full extent permitted by law, and notwithstanding anything else in this agreement, neither party shall be liable for any incidental, consequential, exemplary, punitive, indirect damages of any kind including lost profits, lost data, or costs of procuring substitute products or services, whether in an action in contract or tort or other source of legal obligation, even if such party has been advised of the possibility of such damages, except in the case of gross negligence or willful misconduct

l.

Purchasing Member's transfer of full and timely payment to Owner shall be deemed to confirm the successful completion and satisfactory fulfillment of the IP Sales Contract terms and conditions and completion requirements. Such payment shall be in the mutually specified amount and currency via the selected method of financial transfer or remittance. The proper and timely payment shall automatically to IP Sales Contract closure

Purchasing Member must either confirm IP Sales Contract closure or initiate IP Sales Contract Dispute within two days (48 hours) following Contract’s set date and time of completion. Closed IP Sales Contracts record the mutually satisfactory fulfillment of collaborative engagement. Registering IP Sales Contract Dispute suspends all activity and settlement of all outstanding billings, pending the resolution of the dispute, in accordance with the procedure established under the Contract

Failure of Purchasing Member to register a Closed or Disputed IP Sales Contract within two days (48 hours), following IP Sales Contract’s set date and time of completion, the transfer and assignment of the IP Rights shall be deemed as timely and properly made, and shall automatically authorize settlement of all outstanding billings is initiated, such amount and currency necessary to settle the billings in full shall immediately be deducted or debited from the account of the Purchasing Member, without need for any further authorization

m.

Purchasing Member may authorize independent or separate IP Sales Contract settlement, or the transfer of payment directly to the Owner, even for such amounts that exceed the original or existing registered IP Sales Contract’s cumulative total limits

For and up to the IP Sales Contract's registered cumulative total limits, the Purchasing Member remains comprehensively and financially liable to ensure the full settlement of all outstanding billings

The process of settling billings is subject to reasonable transaction fees or processing costs which shall be for the account of the Purchasing Member

n.

In the event of discrepancy or conflict with IP Sales Contract that is written in English and any associated contractual documentation that is written in another language, the Contract in English shall prevail

o.

If any provision of this agreement shall be void or unenfoceable for any reason, such provision shall be ineffective to the extent of such voidability or unenforceability without invalidating the remaining provisions hereof, provided however, that the parties shall replace any void or unenforceable provision by a valid or enforceable language as comes nearest to the original provision in economic impact and intent

The provisions relating to confidentiality and remedies in case of material breach shall survive the termination of the Contract

EIGHT-Financials-User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

a. Protecting collaborations
-

i. TOF® does not hold deposits

ii. Limits are set in registered contract

iii. Registered purchases are between you and TOF®

iv. Registered purchases are billed at the time they are ordered

v. Payment terms, conditions and requirements of completion in registered contract may only be conducted by and known between participants

vi. Collaborative participant's invoice, make transfers to and select settlement for receipt into independently selected payout destination

Registered contract and total amounts as owed in settlement shall be deducted and processed by TOF® into participant registered payout destination

-
b. Your crypto wallets
-

i. Wallets are independently controlled

ii. Transfers by TOF® are processed exactly as instructed

TOF® is not responsible for members wallet use including balances contained therein. TOF® is not responsible for errors in member stipulated transfer destinations, amounts or the like

iii. Biosphere connected wallet addresses and particulars can be updated or removed at controlling member's discretion 

iv. TOF® does not predict the most suitable, desirable nor practical course of action regarding wallet ownership or member choices of blockchain-based currency including which type or kind may at any time be best

v. TOF® services may extend to facilitation of securing blockchain-based wallet addresses accessible through use of an ATM card. This service is subject to TOF® approval of member application

vi. Certain regions do not permit the use, purchase or exchange of blockchain-based currencies

In your use of a wallet you declare that you are not a resident in nor operating within such restricted jurisdictions

vii. Members are responsible for maintaining accurate records

TOF® does not monitor all transfers into, out of or between wallets. Wallet ownership also generates private and public key pairs so as to process owner authorized transactions. No storage, history of transactions nor password retrieval of a wallet's private keys may be held by TOF® for owner's retrieval or recall

viii. Use and transfer of blockchain-based currency is privately conducted and does not pertain to members acting as a Purchasing Member nor in relation to TOF® services

Wallet transfers may incur transaction fees payable through use of blockchain-based currency. Any wallet transfer or transaction fee is independent to TOF® services or purchase thereof

ix. TOF® is not responsible for members wallet use, including:

transfer delays;

financial losses;

harm;

inconveniences;

negative repercussions or the like

Similarly, in any circumstance, TOF® is not liable for claimed or tangible damages, losses, expenses or harm resulting from member's wallet use

-
c. Activating your profile
-

i. Activation requires payment registration and identity verification

Such formal identification document submission to TOF® for review and activation approval is necessarily performed on your own behalf

ii. By maintaining an activated Biosphere account you authorize amounts owed settled on your behalf by TOF®

iii. Purchasing Member may be required to provide proof of TOF® service purchase within a period of 180 days following order

iv. TOF® can and does conduct security checks

Activated members authorize TOF® to potentially obtain associated business credit reports when requesting processing of TOF® services or purchase

TOF® may conduct third party security checks at any time we believe such review is reasonably necessary for the maintenance of Biosphere's safety and security

-
d. Particular personal information
-

i. You request TOF® communicate with service providers on your behalf

To faithfully fulfill such orders, purposes of these communication may be to authenticate your identity and prevent fraud or similar abuses

ii. External communications with service providers relate to registered TOF® services and only in your capacity as a Purchasing Member directly to and with TOF®

THIS DOES NOT INCLUDE:
-

definitions of collaborative engagements;

collaboration related content or communications;

member owned data, files or multimedia content;

descriptions or specifics as contained within hypermedia contractual documentation;

details or specifics of contractual arrangements;

completion roles, duties or associated conduct;

specific working locations;

any specifications or purpose of wallet use and the like

Such data is segmented from a Purchasing Member's relationship with TOF® so that collaborative participant's maintain private retention of registered engagement and exchange particulars
-
e. TOF® is not a tax department
-

i. Members are responsible for personal tax obligations

ii. TOF® does not track nor inquire as to members adherence with any personal tax requirements

TOF® does not store, record, follow nor inquire as to members financial transactions except those strictly necessary in constituting a Purchasing Member relationship with TOF® and for TOF® service purchases as detailed herein

-
f. As a Purchasing Member
-

i. You authorize TOF® to process funds and owed amounts on your behalf in accordance with registered contracts, orders and purchases

TOF® receives set processing fee amounts as owed in registered order, following contract closure and may repeat this processing at specified dates as set in registered contract

ii. You authorize TOF® to collect, hold and process financial transactions including associated deductions, fees or to hold funds as and where applicable as during registered Dispute

iii. You authorize TOF® to collect, charge, bill, hold or otherwise transfer any amounts owed, in any currency or form, as associated with registered order and TOF® service purchase

-
g. Purchases
-

i. Purchasing Member directly engages TOF®

ii. Members select and confirm payment methods

iii. Purchases are detailed in member's Biosphere account

iv. Purchases immediately deduct amounts owed from registered payment methods

v. TOF® is under no obligation to advise, guide or direct you as to the timing, preferable conversion rates, choices in third party services or the like

vi. Purchasing Members are comprehensively responsible to settle amounts owed, additional charges and the like as may arise during registered contract

vii. The rounding of amounts, such as $99.90 to $100 or $99.20 to $99, may be deemed necessary as when processing currency conversions or international transfers

viii. You will be immediately notified should any transaction or authorization not be processed due to insufficient funds, expired data, error or the like

ix. Third party services may generate charges which then become owed by Purchasing Member

Third party services, such as from payment or payout accounts, are in addition to TOF® purchases. Third party service charges are further deducted at the time of processing and may be settled by TOF® through debiting of Purchasing Member’s payment methods

x. Calculations in currency exchange are determined at the time of initial authorization and can be subject to exchange or hosting delays, market fluctuations, response times of third parties, merchant processing times and the like

As such, the processed and resulting calculations or final value amounts, executed orders enacted through third parties, may potentially differ in amounts when compared to values initially set

xi. TOF® purchases, orders, transactions, settlement, transfer costs or similar functions remain independent from completion requirements in registered contract which are respectively held by collaborative participants

-
h. Authorizations
-

i. TOF® secures billing authorizations at certain times, as during:

registered activity generating processing fees or charges;

processing fees or transaction charges following registered contract's completion, acceptance, settlement, cancellation, expiry or closure;

following registered adjustment or ordered updates to registered contract's terms, timings or conditions;

during or following registered Dispute rulings where transaction charges or processing fees are necessary for settlement;

purchase of Copyright Registration, thereby constituting an order as received by TOF® for official commencement of digital services with processing fees associated;

registered purchase of collaborative hypermedia documentation, contract, thereby constituting an order as received by TOF® for official commencement of digital services with processing fees associated;

registered purchase of hypermedia intellectual property sales documentation, IP Sales Contract, thereby constituting an order as received by TOF® for official commencement of digital services with processing fees associated;

Purchasing Member's activities in registered contract including but not limited to acceptance, closure, completion or verification of issued invoices or transfer which may or may not include verified additional charges or tips constituting an order as received by TOF® for official commencement of digital services with processing fees associated

ii. TOF® may secure billing authorization when Purchasing Member initiates communication with another member

Such authorization is intended to confirm requesting Purchasing Member's availability of sufficient funds in preparation that subsequent direct communications do result in creation of registered contract

Such authorization is intended to ensure that Purchasing Member, as a potential future collaborative participant, currently possess sufficient resources so as to meet the set minimums of collaborative engagement or exchange that have been stipulated by the respective member in their profile terms and conditions

-
i. Sales, orders & contracts
-

i. Biosphere receipts set owed amounts

ii. Costs as explicitly detailed in registered documentation are potentially deductible

iii. Transaction functions as relate to registered contract may be automatically processed within two days [48 hours] of completion dates or earlier where no Dispute has been registered and following acceptance, abandonment, closure or cancellation

iv. Completion and consummation of registered contract including tangible results as achieved remain between registered collaborative participants and independently conducted off-Biosphere

Registered contract may define completion terms, conditions, requirements, roles, obligations or conduct yet consummation is always held as separate from and independent to any TOF® purchase or associated service

v. Registered contract and associated documentation detail participant's freely defined classifications of alterations; cancellations; no-shows; additional charges or billable fees as costs arising during completion

vi. As may be brought to our attention potential costs associated with registered contract completion, additional charges, bills, penalties or fees of any type permitted within registered contract as may be due must first be evidenced and verified before any action by TOF® on either collaborative participant's behalf or to the benefit of either may be expected as initiated or otherwise pending

viii. Collaborative participant's payments and transfers, in commercially practicable manners as chosen, are independently conducted

Except for the information shared with us by members, TOF® may have no knowledge nor ability for factual verification of payment exchange activities
in regards to registered contract

-
j. Settlement
-

i. Settlement is processed at TOF®’s timely, reasonable convenience

ii. Settlement transfer destinations, currencies and timings are selected by you and sent to any registered channel

As made available in Biosphere, settlement transfers can be sent to wallets using blockchain-based currencies

iii. Currency exchange amounts, values and totals may be subject to market fluctuations

Markets and fluctuations invariably fall outside of TOF®’s influence remaining independent to TOF®'s processing, services and purchases

iv. TOF® is not associated with any third party trademarks or services as can be linked to Biosphere such as PayPal, Visa, MasterCard, American Express, Stripe, Adyen or the like

v. Due to third party merchant or service processing fees, market fluctuations, charges and the like member's actual owed amounts in ordered movements of funds may differ from initially displayed totals

Values and owed amounts can vary from the time of initial Biosphere display to those then calculated at the time of processing. TOF® consistently endeavors to minimize such differences

-
k. Cryptocurrencies + distributed ledger networks
-

i. TOF® attempts to communicate reasonably in advance our decisions concerning any significant new blockchain forks or supported blockchain-based currencies

ii. TOF® reserves the right, at our sole discretion, to decide if and how we may support new blockchain-based currency or blockchain forks as well as deciding which blockchains or distributed ledger networks shall be deemed as applicable within the meaning of these Terms

iii. New blockchain-based currencies and blockchain forks may be created. If we decide to support a new blockchain-based currency these Terms including any reference to blockchain shall be equally applied

iv. In order to handle blockchain forks in a way that ensures the security and reliability of TOF® services, we may deem it necessary to temporarily suspend blockchain services. In such cases we will resume TOF® services as soon as reasonably possible, at our timely discretion

-
l. TOF® may bill one-time for
-

i. Copyright Registration

Charge amount [0.99USD] is payable by the Purchasing Member. Total is detailed prior to purchase. Copyright Registration charges are non-refundable, non-transferable and immediately deducted

Copyright Registration and coded entry in The Other Blockchain® is separate from other TOF® services

ii. Registered Contract

A "Collaboration Contract" or "IP Sales Contract" creation charge. Charge amount [0.99 to 9.99USD] is payable in full by the Purchasing Member. Total is detailed prior to purchase. Contract creation charges are non-refundable, non-transferable and immediately deducted

Biosphere contract creation, its coded entry in The Other Blockchain®, TOF® registration and RWSC® ownership control assignments can remain independent to participant's resulting payment calculations of registered contract's values, limits, potential additional fees or charges as contained therein as well as to other details of completion activities as conducted by participants

iii. Registered Orders

Orders may accumulate or require settlement of guarantee charges, transaction costs or processing fees. Such are payable in full by the Purchasing Member and immediately deducted

Order costs, charges or such fees are non-refundable, non-transferable, added on top of and remain independent to registered contract's additional billed costs and other registered contract terms, conditions or requirements including those arising in relation to completion activity or payment exchange conducted by participants

iv. Adjustments

Either participant in registered contract may update, modify or record material changes to registered contract. Such adjustment processing fee order amount is [0.99USD] and is payable in full by the Purchasing Member. Adjustment charges are non-refundable, non-transferable and immediately deducted

v. Settlement

Settlement billing, transfer and processing fees are payable in full by registered contract's Purchasing Member

Settlement amounts calculated as owed are detailed prior to TOF®'s processing. Settlement processing by TOF® may further trigger registered contract's closure. Settlement processing fees or associated transfer and transaction charges are non-refundable, non-transferable and immediately deducted

-
m. Negative balance
-

i. Negative balances are created by unavailable or insufficient funds

Negative balances may exist at the time of attempted register of TOF® order or transaction as when owed amounts are unable to be processed by TOF® because a member's payment method fails to gain authorization or any comparable inability for full deduction of amounts owed become otherwise restricted from successful processing by TOF®

To settle registered, outstanding amounts owed as immediately and directly billable up to and against each, orders unable to be settled in full at the time of attempted processing generate a negative balance for the owed amount

ii. Creation of a negative balance automatically initiates equivalent amounts settled from any alternate, registered payment method

iii. Members may be contacted outside of Biosphere in any manner TOF® holds reasonably appropriate so as to settle negative balances 

iv. Negative balances prohibit additional use of TOF® services

Such restrictions remain until after such time that negative balances have been successfully settled and verified by TOF® as processed, which can include applicable outstanding associated funds such as charges or fees being concurrently registered by applicable parties as received in full

Only in settling owed amounts in the aforementioned sequence may a negative balance classification and Purchasing Member’s account have negative balance restrictions removed

-
n. Merchants + services
-

i. Select third party services are accessible via Biosphere

Such third party services often relate to identity verification and the like

ii. Purchasing Members authorize TOF® billing of amounts owed to settle costs of third party services ordered

Third party service costs are determined by members selection and may be subject to associated handling charges and the like

iii. TOF® has the right to, at our reasonable discretion, refuse to process any order if we believe such may pertain to:

manipulation of market prices;

abuse or exploitation of proprietary information;

attempted legalization of proceeds of illegal activities;

violation of any Term or condition, obligation or role in your registered contract;

if you are discovered to be a resident or similarly conducting activity from a jurisdiction that would classify such activity as illegal and or otherwise prohibited

iv. TOF® is not responsible for third party service providers and merchants nor for their representative, employees, agents or representatives

TOF® is not responsible for any charges, costs, services, inconveniences, tangible or perceived losses arising from third party merchants, currency exchanges, banks or similarly classified external service providers, operations, organizations or businesses

TOF® is equally not responsible nor liable for the results or consequences of third party service utilization

-
o. In case of errors
-

i. TOF® endeavors to take all appropriate steps towards ensuring accurate billing including correction of any potential errors

ii. In cases of errors made by Purchasing Member

TOF® may not be able to refund, reimburse or otherwise assist in rectifying Purchasing Member's errors in any capacity. The only available recourse may consist of Purchasing Member attempting to contact the controller or recipient of such erroneously entered payment or transfer, asking them directly to reverse such

Purchasing Members acknowledge and assume all risk of financial loss, inconvenience or the like that may arise from any unauthorized access to or operation of Biosphere profiles, member accounts, wallets, TOF® services or the like

-
p. Pending Tribunal ruling, Disputes pause or freeze registered contract associated transactions
-
q. Real-World Smart Contracts® (RWSC®)
-

i. RWSC® is a digital security utility token

RWSC®'s involve a minimum of two controlling members. RWSC® requires dual verification of registered participants  ownership controls as in TOF® provided documentation in relation to proof-of-stake prior to RWSC® review, transfer, valuation, adjustment or conversion

Under shared control ownership, the RWSC® represents a privately held, confidentially recorded, publicly anonymized division until such time that enacted, independent relinquishing of anonymity by participant may transpire 

ii. RWSC® is an extension of registered contract

The RWSC®, a blockchain-based cryptocurrency, is a freely allotted, secondary confidential supporting technology of privately enacted collaborative engagement for immutable documentation of Biosphere registered contract which, through additional use of blockchain specific smart-contract functionalities, references registered contract's set time specific functions and valuations

iii. RWSC® may only be jointly sent, received and owned

In distributed ledgers no single collaborative valuation nor registered contractual relationship is openly correlated with RWSC® transmission. The blockchain enacted movement and ongoing storage of RWSC®'s is wholly facilitated by TOF®. RWSC® valuation is controlled by and between activated members in registered contract

Use and transfer of RWSC® ownership control shares or percentage portions may not pertain to any tangible collaborative engagement completion activity, conduct, roles or similar stipulations as independently enacted by and between participants within registered contract

-
r. TOF® operates in compliance with Know-Your-Customer (KYC) as well as Hong Kong's Cap. 615 Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AML/CFT) best practices
-NINE-Making-Changes--User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract
a. Collaborators
-

i. Participants own registered contract

ii. Modifications to registered contracts are possible following Biosphere order of adjustment

Purchase of adjustment must be ordered and processed by TOF® more than two days [48 hours], prior to registered contract's set completion dates or comparable closure deadlines. Modification of registered contract's completion dates is considered rescheduling

iii. Modifications attempted within 48 hours of registered contract's completion date may not be registered and consequently unenforceable. TOF® service functions are processed in accordance with the most recent successfully registered contract variation

-
b. Cancelling
-

i. Participant's request to cancel registered contract may be entered anytime up to one week [168 hours] prior to set completion dates

Receiver participant is able to accept or reject cancellation request

Should reasons for cancellation be accepted, registered contract may be verified as closed with no further functions or requirements held by TOF® as applicable or pending

Should request to cancel be rejected, receiver participant may respond in writing so as to propose a revision, alteration or modification to applicable registered contract and terms, conditions or requirements therein so as to potentially proceed with completion, payment or settlement of registered contract in a mutually satisfactory manner

Should a request to cancel be rejected by receiving participant with no counter proposals towards alternate actions, the receiver may escalate review and investigation for third party ruling by the Tribunal through their filing of a Dispute investigation

ii. Should registered contract be forced to cancel due to participant's deletion of Biosphere accounts or otherwise being unavailable prior to completion dates then any settlement, orders, functions and associated transactions shall remain in place and subject to the terms and conditions of registered contract

Registered contract's service functions and associated transactions, even when abandoned, are executed at TOF®’s timely convenience and reasonable discretion

-
c. Notifications
-

i. Members are responsible to report any event they wish brought to TOF®'s attention. TOF® expects to receive notifications when you believe:

a perceived error has occurred;

if or should your passwords or pins have been compromised;

your private Biosphere account or personal data, IPFS hashtags or login details become lost or known by an unauthorized third party;

when you believe that private or sensitive collaborative engagement details, content or data may have become known by an unauthorized third party

In cases of perceived data breach, members are suggested to write to the Data Protection Agent [[email protected]]

ii. TOF® may classify error related member accounts, and those under Tribunal investigation, as inactive pending completion of internally conducted review. Results of internal review are typically shared to relevant members within two weeks [336 hours], from time of commencement

Members may request removal of inactive status by contacting TOF® directly at [[email protected]] or [[email protected]]

TEN--The-Tribunal---User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract

a. Your Tribunal
-

i. Tribunal is a third party

The Tribunal acts as an adjudicator, arbitrator or mediator in relation to active registered contracts. Tribunal may be requested to implement settlement decisions and act as an investigator of claims or appeals of registered contract

ii. Tribunal investigations commence following participant’s classification of registered contract as independently non-resolvable or otherwise having reached an impasse

Similarly Tribunal investigations may commence when, due to a change in circumstance, participant's execution of registered contract's terms, conditions, roles, requirements or definitions have subsequently become intangible

iii. Each investigation is uniquely labeled as a "Dispute"

Dispute investigation is in relation to one registered contract, its associated documentation and verified written exchanges of data or content as recorded in any format and medium

iv. In accordance with registered contract, Tribunal resolution rulings are final and issued at Tribunal’s sole discretion

Tribunal determines outcomes and amounts of registered contract settlement, re-scheduling, payment calculations and any function activity deemed appropriate or necessary

Tribunal judiciously endeavors to take all objectively reasonable measures to explain and clarify interpretations or reasoning that influences rulings including, when possible, sharing with registered contract's participants the relevant documentation or photographic evidence compiled

-
b. Disputes
-

i. Disputes only relate to active registered contract

Dispute may not relate to cancelled, expired, settled, inactive, concluded or otherwise closed registered contract including its order, associated transactions, functions, transfers or Biosphere purchase

ii. Dispute may be created by either participant in registered contract

Participants in registered contract may describe and submit any Dispute descriptions or classifications as deemed most appropriate or accurate for commencement of investigation

iii. Dispute filing authorizes official Tribunal representatives to undertake detailed analysis of participant Biosphere activity alongside review of registered contract, associated documentation and any participant submitted data, information or content

Dispute investigations can likewise require analysis of participant's previous TOF® purchases, orders and transactions which then may contribute to and influence Tribunal rulings

iv. 'In Dispute' categorization pauses, halts and otherwise freezes TOF® function processing including but not limited to, registered contract's adjustment, transfers and transactions as pending Tribunal issued ruling 

v. Should verified evidence prove that an artist, creator or provider did blatantly misrepresent their product, service, offering or arranged an unsafe working location then Purchasing Member in registered contract may be entitled to an appropriate non-billed cancellation, closure or rescheduling

vi. Should verified evidence prove that a collaborative participant has to date not received full payment for registered contract as required within two days [48 hours], following completion date any owed amounts can be automatically settled by Purchasing Member without need for further authorization

Where settlement or forced settlement of registered contract by Tribunal is set for TOF® processing, no further participant investigation is believed to be necessary nor is any further analysis of participant conduct considered to be pending

vii. Should verified evidence prove that during consummation of registered contract Purchasing Member did damage materials, items, equipment or working locations then he or she may be immediately, comprehensively liable for reasonable and appropriate compensation with such owed amounts automatically settled by Purchasing Member without a need for further authorization

Calculations in respect to damages and amounts owed therefrom are reasonably quantified only to that which has been proven to be required so as to repair or replace such damaged items, materials or equipment

-
c. Tribunal involvement may not be expected should registered contract or participant conduct relate, in part or whole, to:
-

i. Situations, incidents or events involving a third party whom may not be considered a participant in registered contract;

ii. Situations, incidents, events, conduct or activities reasonably not pertaining to TOF® services, purchases or registered contract;

iii. When either participant has already received a form or measure of compensation, remuneration of any type or kind including any tangible payment or settlement equivalent in relation to registered contract;

iv. Situations, incidents, events or activities reasonably evidenced as already requiring resolution between registered contract's participants that pre-date or precede their creation of, entering into or involvement in registered contract;

v. Business or commercial activities whereby either participant in registered contract has been or is currently in the employment of the other or where participants may mutually own or likewise in some manner manage, conduct or jointly operate a business entity of any shape, type or form;

vi. Situations, incidents, events or activities linked or in any way related to:

gambling;

pornography;

financial products, investments or donations;

payments relating to or from government agencies;

payments relating to gift cards or coupons;

personal payments;

weapons

vii. Situations or events pertaining to registered contract that are, as dictated by relevant authorities, deemed illegal or otherwise in violation of a law, legislation or legal requirement

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d. When to file a Dispute
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i. Following participant's attempts to autonomously address and productively rectify

Participant's in registered contract can file a Dispute should any issue or situation reasonably be held as independently non-resolvable

ii. Participants may file a Dispute any time up to two days [48 hours], following registered contract completion or similar closure dates

Over two days, anytime after 49 hours past registered contract completion dates, acceptance or closure may be presumed by TOF® with associated registered contract functions then verified for immediate processing

iii. Disputes are considered formally registered only following written confirmation from an authorized Tribunal employee, agent or representative. Written confirmation of Dispute filing is delivered to registered contract's associated participants

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e. Dispute rulings
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i. Participants in registered contract under Dispute are independently, respectively responsible to provide sufficiently convincing, conclusive or decisive evidence through appropriate channels for the purposes of presentation to the Tribunal

Tribunal investigations are decided by review of participant submitted evidence. Participants in registered contract each independently and respectively bear full responsibility for accuracy and effectiveness of data, information or content they convey

Participants in registered contract under Dispute are independently responsible for providing sufficiently substantial material evidence towards achieving their desired outcomes or claims

ii. Participants in registered contract under Dispute independently and respectively declare neither has reached any form or type of settlement, payout or similarly classifiable resolution agreement

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f. Participant's in registered contract under Dispute are expected to and responsible for:
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i. Comply with Tribunal's rulings and requests in a reasonable, timely manner

ii. Settle owed amounts and charges as associated with registered contract's Dispute ruling

iii. Acknowledge and understand that Tribunal rulings may be issued in favor of or to the benefit of only one participant in registered contract

iv. Acknowledge and understand that Biosphere member accounts may be frozen, inaccessible or otherwise locked including member's having restricted TOF® service access until such time of verified adherence with Tribunal rulings

v. Acknowledge and understand that any costs, fees or charges as may arise or result from Dispute rulings are are expected to be settled by the identified participant in registered contract and done so in the manner and to the exact amounts specified. Total valuation, limits of settlement and Tribunal rulings are calculated in accordance with registered contract

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g. Rulings & Tribunal's involvement
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i. Tribunal rulings are constrained to registered contract

Registered contract may stipulate functions with existing processing authorization. Functions are executed by TOF® in accordance with registered contract unless Dispute ruling or registered adjustments are recorded prior to processing

ii. Payment processed between participants in registered contract under Dispute immediately ceases Dispute investigations, consequently ending all Tribunal's Dispute proceedings 

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h. Contracts & abandoned profiles
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i. TOF® may process registered contract functions even following participant's abandonment of Biosphere profiles

Funds held by TOF® as due to an abandoned Biosphere profile may be expected safeguarded by TOF® for a period no longer than six months [4,080 hours]. During this period a participant in registered contract understood to have abandoned their Biosphere profiles may:

a. Re-activate his or her Biosphere account, modify or reschedule registered contract pending dual member confirmation;

b. Request to cancel or delete their Biosphere profile account following dual member confirmation or settlement processing, as appropriate;

c. File Dispute so as to gain Tribunal issued ruling
 

ii. Actions taken by TOF® or the Tribunal are defined in accordance with Terms and those in registered contract

Following possible holding times of six months [4,080 hours], any unclaimed funds may be transferred to participants in registered contract, their associated payout channels or disposed of as the Tribunal deems reasonably appropriate in light of the evidenced situation and circumstances

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i. Tribunal rulings and Dispute resolution decisions are made in accordance with the laws of Hong Kong
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ELEVEN-Your-Information-Secured---User-Agreement---Terms-Of-Service---The-Other-Fruit-Biosphere---Real-World-Smart-Contract