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

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TOF® facilitates private contract creation, immutable and anonymized ownership control accounting as well as a range of associated digital security service functions. All TOF® services are initiated to safeguard member's autonomous defining and achievement of collaborative engagement or exchange

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TOF® aims to protect member's privacy and enable anonymized, blockchain enhanced secure accounting which includes various types of formal registrations only made available for actual participants recall implementation

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As such may pertain to member data or activities, at all times and to the fullest extents permissible by law, The Other Fruit® emphatically refuses to comply with information requests made by immigration, tax or similar government departments. TOF® does not publicize private collaborations. TOF® does not disclose working locations or any similar information securely held within member contracts

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Terms of service incorporate the member User Agreement ("Terms"), and constitute a legal contract between yourself and The Other Fruit® (also referred to as “TOF®” and written in the first-person as “we”, “our” or “us” herein), part of HUMATION LTD which is a limited company with offices on the 9th Floor, 33 Des Voeux Road, Central, Hong Kong and further contactable by emailing [[email protected]] or [[email protected]] or [[email protected]]

Terms define your utilization TOF® mobile applications, web-applications, The Other Blockchain® and all platforms or websites including any TOF® associated service, function and current or future offering which are herein collectively referred to as Biosphere (“Biosphere”). Biosphere profile account owners constitute distinct, identifiable and single individuals, whom may herein after also be referred to as “you”, “your”, “yourself” or “yourselves, with following Terms pertaining directly to each

TOF® operates and maintains a members-only, self-organizing digital Biosphere. TOF® facilitates and secures use of Real-World Smart Contracts® as cryptography founded, decentralized enhancements to confidential contractually enforced, privately controlled functional methods of collaborative engagement, exchange and completion guarantee accounting. TOF® utilizes double blind accounting methodologies to thereby generate anonymized immutable entries on The Other Blockchain® and or across external distributed ledger networks

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At member's private, autonomous discretion such anonymized blockchain entries, created from select Biosphere numerical data, are made permanently available for participant recall implementation. TOF® implements anonymized distributed ledger technologies so as to create immutable engagement and comprehensive agreement accounting thereby enhancing self-directed, independent, ad-hoc disclosure of collaborative engagement or exchange as made possible by and between actual collaborative participants. At all times your use of Biosphere or any TOF® related service function is understood to be factual and lawful

TOF® services, functions and platforms are purely digital. TOF® service offerings include but are not limited to guarantees and enacted financial protection protocols. We may implement multiple member-ordered transaction capacities so as to register various protections pertaining to self-defined, independently enacted terms and conditions of conduct including but not limited to participant's responsibilities alongside the confidential blockchain ledger enhanced accounting of real world, tangible or off platform collaboration and achievement

TOF® services, roles and responsibilities are specified throughout the range of contractual stipulations, orders and functions available for your purchase. All Biosphere purchases are direct between yourself and The Other Fruit®. Biosphere services and functions may have no bearing on the tangible completion of collaborative engagement or exchange entered into by yourself including delivery of physical items, condition or performance or receipt of commissioned offerings and or products including potential lack thereof

TOF® is unable to monitor every kind of member activity. To the fullest extents permissible by law TOF® takes no responsibility for your Biosphere actions including any and all tangible repercussions as may now or in future potentially be claimed as deriving therefrom. We recommend that prospective and or potential collaborators individually conduct their own independent research so as to ascertain the veracity, accuracy, authenticity and or reputation of members and services prior to registered collaboration

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By owning and or operating your Biosphere profile account you consent to receive communications from TOF® as well as various types of service notifications. Biosphere is provided for use "as is". TOF® makes no representations or warranties, neither express nor implied, of any kind. We reserve the right, at our sole discretion, to adjust any wordings in this document from time to time and will openly post such updates

last updated on December 2nd, 2018

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a. Members are over 18 years old
b. TOF® is a members only digital service
c. Members maintain full ongoing ability and capacity to enter into contract
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i. TOF® does not hold any deposits

ii. We are not a common carrier nor public utility

iii. You may utilize any available alias as your Biosphere display name

iv. You may settle completion and payment independently, in any registered manner as mutually agreed

v. You are able to purchase blockchain enhanced copyright ownership registrations of files and multimedia via The Other Blockchain®

vi. Intellectual property, copyrights and all associated titles, interests or rights to owned or generated content may be individually billed or sold in collaboration

vii. Ratings, feedback or reviews may only be formulated and recorded following direct, first-hand experiences subsequent to collaboration closure

viii. TOF® endeavors to make no conclusions as to subjectively professed ‘quality’ or ‘popularity’ and or ‘reputation’ of you, your work, art/work, services and or offerings

ix. TOF® services and Biosphere are maintained so as to securely enable private achievement of eclectic artistic pursuits as may independently be envisioned, promoted, reserved and or performed throughout the TOF® community

x. TOF® facilitates a range of self-determined, independently enacted financial as well as legally binding contractual functions so as to allow the autonomous, sovereign utilization of confidentially executed collaborative engagement and or exchange contractual documentation and your privately held accounting thereof

xi. We enable Biosphere profile account ownership for members to display pertinent skill-sets, services, offerings, functional areas of expertise, professions, training, experiences, hobbies, occupations or the like provided that such is continually deemed as relevantly applicable within established Biosphere categories

Applicability is determined as that which may be reasonably and objectively verified in that each offering, service or invite to engage in collaborative engagement or exchange activities constitutes a genuine, actual benefit to members

xii. ANY BIOSPHERE MEMBER OR PROFILE ACCOUNT SUFFICIENTLY EVIDENCED AS HAVING BEEN CREATED, MANAGED OR MAINTAINED FOR THE SOLE PURPOSES OF COLLECTING, GATHERING OR OTHERWISE COLLATING OTHER MEMBER’S PERSONAL INFORMATION AND OR LOCATION DATA MAY BE IMMEDIATELY BARRED FROM TOF®

PROFILE OWNERS FOUND TO BE IN VIOLATION OF ANY PRIVACY RESTRICTION AS CONTAINED HEREIN MAY BE REFUSED FUTURE BIOSPHERE ACCESS AS WELL AS PERSONALLY LIABLE FOR PROSECUTION INCLUDING BUT NOT LIMITED TO CLAIMS FOR RESTITUTION AND OR CONSEQUENTIAL DAMAGES, INCONVENIENCES, REPARATIONS AS WELL AS ALL POSSIBLY APPLICABLE SUBSEQUENT CATEGORIES WITHOUT LIMITATION. SUCH PROCEEDINGS WILL BE CONDUCTED IN EITHER OR BOTH CIVIL AND CRIMINAL COURTS AND VIOLATORS WILL BE FORCEFULLY PURSUED TO THE FULLEST EXTENTS PERMISSIBLE BY LAW

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a. You define collaboration, engagement and exchange
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i. TOF® takes no commissions

ii. TOF® offers contract documentation purchases, digital financial functions and anonymized blockchain registrations. TOF® services are purely digital

iii. Biosphere members define and control collaborative engagements, conduct and or exchange under their self-defined conditions

iv. You select any available choice of transfer methods, mediums or channels during your exchanges with, to or from TOF®

v. A Biosphere profile account is automatically presumed as being actively operated from its owner's set or currently detailed home country and or otherwise specified current location

vi. Collaborative engagements and exchanges, including working locations, may be selected or otherwise set to any position, locale and or region in the world, at your discretion and responsibility

vii. Member's financial transactions to or with TOF® are direct and one-way. Each such transaction is specified as being conducted by one Biosphere member whom is further acting, through financial exchange, in a Purchasing Member capacity

viii. TOF® enforces registered contractual documentation's terms and conditions and or comparable registered transaction orders in accordance with and up to said function's quantified, authorized financial limits

Following Purchasing Member's registered order any financial or monetary function set for processing is always specified as and subject to full immediate execution, deduction, transfer and or withdrawal by TOF® on Purchasing Member's behalf

ix. All TOF® service processing fees, such as registration, are billed once and calculated directly in accordance with the value or amounts as specified

Such processing fees and or transaction charges billed to a Purchasing Member may only be considered successfully ordered with subsequent, to be executed functions and or protections pending being provided so long as that both purchase option of such have in tandem with a formal TOF® order verification both been made available to and exchanged through registered order with Purchasing Member via use of their owned, activated Biosphere member profile account

x. To secure or otherwise register collaborative engagement or exchange participation in self-determined, contractual, legally binding collaboration activities you may authorize financial transaction and or other such monetary functions to be executed by TOF® on your behalf

Each registered collaborative engagement and or exchange related set of registered contractual documentation further necessarily constitutes your personal acceptance, legal binding to and comprehensive financial liability for various and significant roles, responsibilities, risks, liabilities, detriments and obligations as found within such documentation's stipulated terms and conditions

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b. For Sale, Open Collaborations & Open Commissions Pins
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i. At creating member's discretion, pins may be placed anywhere on Biosphere's global map

ii. Specified for concurrent display, pins within any category may contain or depict multiple visual references with multimedia content

iii. Pins appear within the ascribed geographical location for the duration of the set time, until expiry or removal by controlling member

iv. Irrespective of location and or display duration, all pin types and categories are free for activated members to upload. Activated members incur no costs for single or multiple pin creations

v. Content, details or any form of information either contained or implied throughout all pins have been entirely generated, defined by and remain relevant solely to the individual posting, uploading controlling member

vi. Pins are considered promotional so far as displaying the potential reference to future and possible forms or types of collaborative engagement or exchange

Pins may not be considered agreements, contracts or containing sufficiently detailed material terms so as to constitute any contractual obligation nor binding relationship. Pins have no presupposition of inherently transpiring commercial activity, promises or manifestations of mutual consideration, consent, ascent or the like

vii. By way of example pins may outline ideal commissions; desired services; possible sale results; existing inventories of items or products; artistic projects or concepts; descriptions of envisioned future events; artistic endeavors that are as yet to materialize in any shape or form; packaged product or service offerings; preset services; listings of possible content copyright and or intellectual property for sale; a conceived or perceived description of a member's 'ideal' envisioned collaborative commission; a desired collaborative service; descriptions or speculations of possible future collaborative exchange; display of any existing item or product; specification of member availability to or for future artistic endeavors; offerings or descriptions of envisioned future artistic and or collaborative events and or exchange; an outline of concepts intended as future artistic creations and or collaborative performances; open calls for member feedback or participation and the like

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c. Collaborative Hypermedia Contractual Documentation, Contracts
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i. Contracts may entail time specific transactions and or functions including but not limited to financial conversions or exchange ordered to be executed or conducted by TOF® for or on behalf of a Purchasing Member

ii. By default contracts are set for independent completion and payment

In the event of unilateral cancellation, irrespective of cessation time instigated, any registered contract may result in a loss of monies to such cancelling participant

iii. Registered orders, transactions and contracts are privately recorded in controlling and or participant member's personal Biosphere accounts as well as confidentially anonymized on The Other Blockchain® to thereby form dual, immutable, time-stamped sets of legally significant verification and or authentication

iv. A contract's governing jurisdiction, court of law and or where applicable comparable and or influential overseeing formal institutions can be freely set by collaborative participants including but not limited to a more broad assignment to either participant's preferred country, location or geographic region

v. Bilaterally determined by and between activated Biosphere members, whom have the full abilities and capacities to enter into contract, registered contracts form manifestations of mutual assent which convey actual intention, roles, responsibilities, risks and conduct assignments each having been sufficiently detailed to participant's joint satisfaction

vi. Should the guarantee function be available and chosen for enactment, contract registration then additionally acts as confirmation Purchasing Member actively holds control of sufficient financial funds, totals or amounts of monies which can become immediately available so as to reasonably and fully transfer such as may relate to associated paid collaborative engagement or exchange roles and responsibilities

vii. Bearing identified participant's unique keys and electronic personal signature equivalents, registered contracts represent complete and legal binding to sets of formalized agreements which therein stipulate complete integration of associated writings and or otherwise conveyed requirements being necessary in order to achieve successful collaborative engagement or exchange completion

These agreements further detail risks, obligations and liabilities which are directly relevant to participant's so as to guide collaborative engagement or exchange conduct before, throughout and following various forms of interaction

viii. Contracts are purchased by Purchasing Member following complete, reasonable, considered and recorded bargaining of all material terms and conditions contained therein

Registered contracts thereby constitute specific and binding assignment of legal detriment to collaborative participants precisely in the manners stipulated. Contract generation communications as well as pertinent participant content exchanges can be included as supportive and or formative contractual documentation stipulating applicable terms and conditions

ix. In the event of Dispute, disagreement resolution requests and or formalized disagreement investigation proceedings - as instigated by registered participant(s) - such action requests enable registered contractual documentation possibly containing private and or personal information along with immutable supportive confidential verification references on The Other Blockchain® and or other reference entries likewise anonymized across external distributed ledger technologies to be used in assisting third party legal pursuance including final decisions about full contract settlement billing, rulings, litigation, adjudication, arbitration and or mediation as may be requested

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d. Use of Biosphere
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i. A member may select either general or corporate categories

ii. Unless expressly permitted by TOF® to do otherwise, a provider may manage and or operate within no more than one distinct membership category

iii. Unless expressly permitted by TOF® to do otherwise, an artist or creator may manage and or operate no more than three distinct membership categories

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

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

b. Willfully proceed with any activity that may violate pertinent laws or legislation;

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

d. Disrupt, impede or otherwise infringe on any other profile owner’s rights or well-being;

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

f. Falsely advertise, promote, share or otherwise market any item, good, product, offering, service, treatment and or procedure;

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

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

i. Promote any work or service that is not in your active control or ability to fully complete and or by any reasonable definition otherwise satisfactorily supply;

j. Take any action that may slow, damage or in any way hinder Biosphere functioning, applications, sites, API's and or associated services as may be implemented;

k. Share contact details such as personal telephone numbers or email contact details with other TOF® community members for any other purpose or requirement outside of registered Biosphere collaborative engagement completion;

l. Request, suggest, insinuate or plan to actually complete engagements, performance or work with any current or previous Biosphere profile owner outside of and or otherwise 'off of registered contract' from those as purchased via Biosphere;

m. Dilute or damage The Other Fruit®, HUMATION, Real-World Smart Contract® (RWSC®) and or The Other Blockchain®’s name, image or reputation through unauthorized use of brand names, content, systems, technologies, company structures and or to any associated services.

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ii. You are solely responsible, both now and in future, for continued adherence with your local or regional pertinent laws, legislation, tax requirements as well as your tangible conduct including any and all repercussions that may be claimed as deriving therefrom

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iii. Should you violate any term, engagement requirement, code of conduct or similar formally registered engagement condition 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 postings and communications must be lawful

ii. You are personally liable and responsible for your Biosphere activity including uploaded content

iii. Wherever you so choose, your Biosphere account must be at least temporarily set to one specific geographical location

iv. Openly generated content is visible to other, non-blocked Biosphere member profiles and or visible on the Biosphere's global map

v. Inter-member Biosphere communication is authorized and only commences following acceptance of specified provider’s, artist’s and or creator’s terms including collaborative engagement financial minimums as have therein been independently, openly quantified

vi. TOF® may have no definitive or conclusive knowledge of participant's tangible or real world conduct. This includes but is not limited to participant working locations; contract completion requirements; engagement valuations; pending or processed payment amounts; independently performed or arranged transfers; mediums or modes of exchange and or wallet use. It is possible that all such activities and details may be known only to and by you and or accessible between you and or associated participants in collaborative engagement or exchange

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b. Your Biosphere activity, from postings and communications to content
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i. All Biosphere postings, content and communications are to the best of your knowledge and understanding honest, complete and factual

ii. You may not use, share, copy or otherwise disseminate any Biosphere content which you do not actively hold intellectual property rights and or copyrights to

iii. You determine and take full responsibility for the authenticity of your uploaded content, Biosphere activity as well as any use or disclosure of personally identifiable information

iv. Biosphere account profile owners declare each possess suitable authority with sole intellectual property rights or sufficient active authorizations to any and all content uploaded throughout

v. You may not transmit or convey any content or communications which are knowingly fake, fraudulent, copied, deceptive, defamatory, libelous and or offensive with the classification of which being determined at TOF®’s sole discretion

vi. Activity intended specifically for TOF® community display, submitted open content and or any data appearing as or otherwise becoming searchable by member accounts may likewise appear throughout Biosphere search results. It is possible that this searchable or open content can be shared by non-blocked members, possibly off Biosphere, and or potentially indexed by search engines or the like

vii. Throughout Biosphere engagement or use you maintain that you have full capacity, authority and ability to enter into and execute binding contract

In other words you maintain that you have no physical, mental nor financial restriction that could actually or potentially adversely affect, prohibit or in anyway hinder your defining of and then faithfully as well as reasonably successfully fulfilling collaborative engagement and exchange as well as any related service completion performance or conduct requirements exactly in the manners, methods or modes you may now or in future agree to or define

You likewise declare sufficient physical and financial capacities so as to autonomously, satisfactorily, timely and reasonably fulfill all collaborative engagement or exchange conduct and or performance requirements as you may personally be responsible and liable for

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a. Reviews
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i. Reviews, feedback and or connections reflect one profile owner’s individual and personal opinions, tastes or preferences

ii. Member reviews reflect subjective experiences as having arisen from completed, registered collaborative engagement or exchange

iii. A recorded review is purely in relation to participant's singular, closed, completed, discrete registered collaborative engagement or exchange

Members have no facility to and may not ‘rate’ each other in any general or abstract sense

iv. Reviews are enabled for documentation of subjective summaries wholly pertaining to registered collaborative engagements or exchange

These are considered accurate only in so far as representing the truncated or compressed extracts of subjective interpretations as may have been directly experienced by participants

v. It is expected that Biosphere reviews, connections and similar feedback are to the best of the reviewer's knowledge and understanding both honest as well as contain no purposefully inflammatory, bigoted, spiteful statements or the like

Classification of inappropriate, inflammatory, bigoted, spiteful and or similarly restricted comment types remain classifiable at TOF®'s sole discretion

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b. TOF® does not endorse members
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i. Activated status indicates that an account profile owner has securely and successfully recorded relevant personal identity and or financial documentation

ii. Displayed or recorded inter-member connections may not inherently be taken as promotion and or as any indication of quality, reliability or veracity of associated members

iii. Written feedback, reviews, ratings and other similar member-submitted evaluations are collected and recorded

TOF® reserves all rights to share such limited and typically non-personally identifying summary data as received should such be deemed appropriately reasonable and or should we believe that the sharing of such generalized data would be of benefit to the TOF® community

iv. At our sole discretion and without forewarning TOF® reserves the right to immediately terminate any Biosphere member profile as well as prohibit account owner’s future access 

We may do so to any member sufficiently evidenced to be in manipulation of the review, connection or rating systems and or to those who have conducted activity that is deemed to be in violation of any Biosphere term or code of conduct

To the fullest extents permissible by law, TOF® and our employees and agents including any authorized representative accepts no liability nor responsibility from such restriction as may be imposed including but not limited to any claimed, tangible or intangible losses or damages from profile owner's Biosphere account deletion and or ongoing exclusion or imposed inability to access TOF® services 

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a. Confidential, blockchain enhanced copyright ownership registration
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i. Copyright ownership is initially assumed and accorded for content uploaded to Biosphere

ii. Content ownership claims are initially registered through TOF® accounting

Then by assignment of randomize, innominate code such registration is confidentially doubly recorded on distributed ledger technologies and using The Other Blockchain® or through implementation of TOF® owned decentralized applications [DAPPs] across various networks

iii. If selected for inclusion, a 400x400px thumbnail image of content registered as being copyright protected can be displayed on such registration's dedicated HTTPS, URL results page enabled on The Other Blockchain® displayed through [TheOtherFruit.io]. Please click here to view an example

IPFS encryption decentralizes hosting and recall. Download access is granted to registered owners through use of a unique cryptographic, multihash [key] which is delivered in addition to block-creation details and confirmation of the dedicated URL creation. From either The Other Blockchain® and or IPFS networks this IPFS key thereby permits full file download following confirmation of authenticity

iv. Presently The Other Blockchain® is able to create HTTPS, DDOS dedicated URL results pages and IPFS encryption with unique download hashtags provided to the owner for decentralized download access of their content in the following file types;

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

v. TOF® may further cross-reference all registered copyright registration purchases thereby extending global ownership protections to Biosphere registered content owners

This may include TOF®'s performance of analysis in regards to all such registered content; claims; reviews and associated data. Additional services for such content as well as data analysis feature notifications of receipt to registered Biosphere copyright owners regarding their owned content's possible external copyright infringements as well as TOF®'s private use of custom digital identification tools so as to identify possible or attempted copyright violations to or of registered content

Any such TOF® performed registered content search and or comparisons are visually based and does not publicly share nor release personally identifiable information nor any usage or rights, interests and or titles to registered content ownership

Copyright registrations, claims and select Biosphere activity is confidentially blockchain secured using anonymized, innominate coded entries thereby permitting relevant owner's to implement or disclose data reference recall and implementation at their personal, autonomous and independent discretion

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b. Your classifying and sales of your intellectual property [IP]
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i. Registered IP Sales Contracts, agreements and or IP specified collaborative engagements or exchange may be individually formulated by and between activated members

ii. IP rights to owned or controlled content's use may be segmented from, assigned, transferred and sold entirely apart from all other registered collaborative engagements and exchange completion requirements

iii. In the absence of a registered IP Sales Contract the receiving collaborative participant, also otherwise known as the Purchasing Member, is typically granted personal and non-commercial use, viewing or enjoyment of content as resulting from private collaborative engagements and or exchange

iv. IP and or copyright ownership with associated title, rights and interests documentation must first be verified in order for content copyright ownership to be held as successfully transferred and newly assigned

Registered completion of an IP Sales Contract is typically one necessary precursor of achieving documentation as to owned content's IP and or copyrights, titles and or interests being transferable by participant in such assignment

v. IP usage rights, titles, interest, copyright, commercial utilization, inclusion, exclusion as well as participant ownership assignment and transfer of any newly generated content as resulting from registered collaborative engagement or exchange completion may also be sold by the specified owning or controlling participant in separately registered contracts which themselves may pertain to or include entirely distinct, separate collaborative participants

vi. Ownership assignment specifications to any recordings; documentation of sessions; documentation of performances; photographs of work and all similarly classified content as arising from collaborative engagement or exchange either may or may not be included as required or part of completion within initial registered contract

As deriving or resulting from collaborative engagement or exchange generated content's intellectual property, copyright ownership, titles or interests thereto can at no charge be specified for transfer assignment at the artist’s, creator’s, seller’s and provider’s discretion. Content's intellectual property, copyright ownership, titles or interests inevitably remain fully subject to appropriate limitations and or reasonable stipulations as specified throughout pertinent contractual terms, conditions and communications

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c. Presuming ownership of content
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i. Intellectual property, copyright ownership, titles, rights or interests to Biosphere content either uploaded, created throughout collaboration and or derived therefrom is specified by default as belonging to the collaborative participant operating within the producing or creator member category

Most commonly this assignment is by default specified as not belonging to the Purchasing Member unless otherwise contractually stipulated

ii. Biosphere member's personal or direct ownership of content's intellectual property, copyright ownership, titles or interest can be initially registered, recorded, filed and secured through TOF®

This process further includes automatic ascription by TOF® in relation to a range of generalized and regionally specific copyright protections, enhancing said content owner's claim to rightful authorship and or control claims which are further detailed throughout pertinent registered documentation

iii. Artist, creator and or provider Biosphere membership categories constitute producing and or creating membership classifications. When uploading content to Biosphere the producing or creating memberships types have automatic assignment of copyright and intellectual property rights presumed as being inherently held

This most frequently and broadly applies to members uploading content in the artist, creator, seller or provider member category profiles who in turn are believed to be the sole controllers of such content's intellectual property, copyright ownership, titles or interests therein

In good faith, tentative and preliminary intellectual property as well as copyright ownership assignment is performed by TOF® under the assumption that the uploading profile owner actively possesses full rights to such due to their control of said content, as partially evidenced by their successful uploading into or through Biosphere

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d. Utilizing your copyright registration
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i. TOF® cannot verify or predict the usability, impact nor legal influence copyright ownership registration, certification or associated documentation may carry particularly during its presentation in legal proceedings within unknown jurisdictions

ii. TOF® is neither liable nor responsible for involvement or participation in any legal proceedings and or similar actions as may in part or full pertain to external legal, judicial or formal intellectual property and or copyright content ownership claims or actions as may now or in future be independently initiated by current or former members

iii. TOF® endeavors to maintain the most accurate and full accounting of all transactions including confidentially securing immutable, anonymized blockchain records for owner's private, autonomous recall implementation via The Other Blockchain® as well as from across various distributed ledger technologies and or networks as implemented

This may include content's IPFS encryption with owner's control of associated mutlihash, cryptographic [keys] as assigned

iv. Upon presentation of Biosphere verified proof of registered copyright registration purchase, TOF® may be requested to provide ownership certification specifying content's blockchain documentation data as well as presumption of intellectual property and copyright ownership which pertain to owner's claims of and to applicably registered multimedia content and or files

Such authentication or proof further indicates blockchain specific data including relevant datas unique numerical blockhash, identification processing number, transaction time-stamp and the like

v. Copyright ownership, IPFS encryption with decentralized download access, anonymized blockchain entry and associated TOF® generated registration certification is purchased with the understanding that this process and range of of digital services are conducted at TOF®’s sole discretion, convenience and judgement

These services are provided “as is” with no implied or direct warranty. TOF® nor any associated service or provider is neither liable nor responsible for any losses, damages, inconveniences due to service interruptions or the like that may attempted to be claimed

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e. TOF® operates and will pursue copyright related issues in line with Hong Kong Copyright Ordinance Cap. 528 and Prevention of Copyright Piracy Ordinance Cap. 544
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a. You are an independent, self-employed, free-agent
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i. You are not our employee in any capacity or by any definition

ii. You declare that you have rights to operate within your chosen location

iii. Independently you select and implement chosen monetary payment mediums and financial transfer methods

iv. TOF® may have no knowledge of your genuine completion cost(s), actual or tangible execution and or implemented payment methods

v. You may not impose any type or form of surcharge, additional cost or fee for a Purchasing Member’s use of Biosphere, their orders, transactions and or any related billed purchases of goods or materials or services

vi. Only that which you have explicitly registered and pertains to collaborative engagement or exchange within contractual documentation as purchased through Biosphere may be attempted to be enforced by TOF®

vii. Collaborative engagements or exchange involving sessions, performances, appearances and or timed in-person interaction may require one or both participants departure from [vacating] a location within or by set schedules

viii. Members operating in an artist, creator, seller or provider category are credited full contract valuation amounts for payment, settlements, sales and or closures up to registered contract's relevant financial limits and as directly pertaining to collaborative engagements and or exchanges

ix. Contractual documentation may further privately detail member's separately recorded and independently enforced collaborative engagement or exchange completion requirements which TOF® may have no substantial, significant or direct knowledge of throughout duration of collaboration

x. In good faith, Biosphere conduct is expected to be practical, reasonable and appropriate so as to accurately, faithfully and fully complete autonomously agreed descriptions of mutual collaborative engagement or exchange including but not limited to associated completion roles whether they be blatant or implied conditions, responsibilities, roles and or duties as conveyed therein

xi. Acting as a Purchasing Member you are classified as the principle not an authorized agent, attorney or trustee for or on behalf of any other member profile owner nor for or on behalf of any other third party

As a Purchasing Member you maintain ongoing active authorization with TOF® for financial billing and monetary deductions to be made on your behalf up to quantified limits and or settlement amounts specified as applicable within registered documentation and immediately billable against any and all Biosphere registered payment methods

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b. You define and enter into collaborations
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i. Registered collaborative engagement or exchange constitutes formation of and binding to legally enforceable contract

ii. You enter into collaborative engagement or exchange entirely at your personal, independent autonomous choice and definition assuming all risks, liabilities and responsibilities each may carry

iii. You may not presume any additional understanding, duty, obligation or relationship exists between yourself and TOF® or that TOF® will enact any further function or additional service outside of those explicitly stipulated herein

iv. Collaborative contractual documentation is typically specified as within provider participant's legal jurisdiction in accordance with their set location yet all regionally pertinent legal specifications remain adjustable to participant's preference

v. As may be independently, mutually enacted between collaborative participants, financial functions including transactions registered with TOF® are strictly enacted in accordance with participant-specified registered terms and strictly quantified or otherwise monetarily valued up to concurrently registered guaranteed or conditional limitations

vi. Collaborative engagements or exchange are voluntarily as well as privately conducted by and between two or more activated Biosphere member profile owners whom are further acting as collaborative participants

Collaborations are understood to inherently be completed in the manners found within registered descriptions, conditions, terms and quantified up to tangible financial or monetary limitations as have been directly mutually agreed by participant members throughout registered contractual documentation

vii. You are always responsible for reading, understanding and adhering to the terms and conditions of registered collaborative engagement or exchange documentation including but not limited to the actual and ongoing assuming of risks and comprehensive personal financial liabilities as well as for all tangible repercussions that may either now or in future be claimed to transpire therefrom

viii. When you participate in collaborative engagement or exchange you do so with the knowledge that you are entering into and executing legally binding contracts formed or tailored according by your private agreement which also may entail you individually bearing comprehensive financial responsibilities up to and including all freely set monetary stipulations, functions and or potential future billing amounts which may be processed for immediate deduction including those yet to be claimed or as can arise throughout participation of registered collaborative engagement or exchange

ix. TOF® has no control over and cannot guarantee the reality, value, security, correctness or legitimacy of any activity, content, service, offering, product or item; the veracity or precision of any service; offering, item and or product description; member connections alongside associated reviews; activity; content and or the actions or conduct of any member; profile owner and or third party; collaborative engagement or exchange completion as may be independently determined or enacted including any associated roles or responsibilities and or tangible repercussions claimed to arise therefrom either now or in future

x. TOF® may have no access or feasible method to review and oversee registered collaborative engagement or exchange completion; work; performance; session or performance attendance; item or service or good delivery; member's conduct; tangible roles and duty requirements; participant responsibilities; blatant or implied understandings and or multiple similarly tangible collaboration particulars

TOF® may only secure or hold recordings of contractual documentation terms and conditions set with distinct supported timed functions, date dependent digital actions, blockchain verified and financially or periodic equally numerically quantifiable specific conditional collaborative engagement or exchange logic-based protections as activated members have explicitly, lawfully and formally registered through Biosphere

xi. Registered collaborative engagement and or exchange documentation can be considered potential formal contractual evidence during or throughout legal pursuance or recourse as may potentially arise. Immutably stored and confidentially available for participant-only recall implementation, Biosphere transactions including registered collaborative engagement or exchange documentation are typically reinforced through anonymized, coded entry across distributed ledger networks

Biosphere collaborative engagement or exchange contractual documentation and or participant's registered Biosphere collaboration activity may form significant, admissible evidence as to formal certifications of participant's intended or actual roles, responsibilities and subsequent legal or financial liabilities including chosen detriments stipulated therein

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c. Orders, transactions and purchased registrations
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i. Are single, direct orders of and for digital services

ii. May be verified, processed by as well as financially safeguarded through functions as set by TOF®

iii. Following dual member verification, registered contract adjustments and or edits are possible provided these have been ordered and registered sufficiently in advance

iv. Registered purchase, orders and or any initiation of TOF® services and or associated transaction declares your full prior review, understanding and acceptance of all pertinent terms and conditions

v. Potential or active collaborative engagement or exchange participants may agree to any set or range of lawful terms, conditions, preferences, requirements, duties, responsibilities, conduct and or roles during autonomous determining of successful collaborative completion

This can include most any service, treatment, performance, appearance, purchase, sale, procedure or similarly specified offering as participants may mutually have deemed appropriate

vi. Within document templates as made available for member use and possible future registered purchase artist, creator, seller, and provider members may privately stipulate a range of bespoke contractually binding collaborative engagement or exchange requirements

Registration of such may include or pertain to ascribing RWSC® ownership control with confidential innominate coded blockchain entry accounting as via TOF®'s distributed ledger technologies including but not limited to immutable, anonymized entries on The Other Blockchain®

vii. Implementation or use of provided hypermedia collaborative engagement or exchange documentation templates, contract templates, is done following sufficiently robust or full descriptions and details having been defined to the mutual satisfaction of potentially collaborative participant members enabling generated data therein, including associated documentation and or time specific financial functions as well as limits, to be collated by TOF® under a single registered agreement title

Such collated member documentation in privately, autonomously edited hypermedia cross-database form then assumes the functional role of binding legal contract verified through registered purchase

viii. Following registered purchase all collaborative engagement documentation becomes uniquely confirmed and contractually binding. Irrespective of potential material breaches as may transpire between collaborative participants, registered contract's associated financial functions potentially including time specific monetary debits or duties contained therein are possibly authorized for immediate processing, deduction or any appropriate forms of execution by TOF®

Processing guarantees as applicable to collaborative engagements or exchanges may authorize subsequent monetary transfers to be processed by TOF® which may include but are not limited to additional monetary deductions and or payments as set as being actively enforceable

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

Such supportive information, data and relevant or contractually pertinent stipulations may be derived from or pertain to, yet are not limited by, direct communications utilizing Biosphere facilitation so as to exchange content, information as conveyed, pins, postings, details and or all other promotional descriptions such as sales summaries or similar writings

Each form or type of content thus may permit but does actively contributes to the sovereign creation, ownership and completion requirements of registered contracts and contractually legally binding relationships between participants

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d. Responsibility
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i. Collaborative participant's actual ongoing, location specific legal adherence in relation to registered contract activity is unable to be monitored by us

ii. Collaborative participants are responsible for complying with all pertinent laws, legislation and regulations as may apply to their registered contracts, collaborative engagements, exchanges, roles, duties, responsibilities, agreements, undertakings, conduct and actions as well as for their tangible utilization of Biosphere and or any TOF® related service

This responsibility includes adherence with applicable conditions as contained herein and or within all owned, registered collaborative engagement or exchange documentation

iii. TOF® has no influence over, control or responsibility for member's operating, service or any similar licensing requirements nor for such license's procurement or verification

As may grant its owner legal or formal rights of professional qualification so as to perform or conduct any service, performance, treatment, offering, profession, business or the like TOF® is in no way liable for any Biosphere profile owner’s possession, lack of and or use of such licensing

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

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e. Correct information
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i. You are expected to accurately maintain your profile account information alongside all associated data

ii. Purchasing Members approve and authorize registered TOF® financial functions including transactions on or by specified timelines of processing

iii. You are responsible for entering accurate information into billing details, payment and payout channel specifications, preferences pertaining to profile settings as well as those throughout any Biosphere utilization or interaction

iv. Continued utilization of Biosphere as well as our ability to execute registered purchases, orders and transactions as you instruct will depend on you independently ensuring TOF® maintains your up to date profile and personal information

v. Contracts are entered into in good faith and presumed to be freely as well as lawfully mutually defined by and between two or more collaborative participants both of whom have, to the best of their abilities, active intentions to reasonably and safely fulfill all specified requirements, roles and responsibilities to their joint satisfaction as detailed therein

vi. Accuracy of activity requirements include ongoing full, complete and proper conveyance of registered contract completion roles, duties, responsibilities, requirements as well as only selecting appropriate, hygienic and mutually safe proposed working locations throughout

This further includes but is not limited to only proceeding in utilizing agreed venues, locations, meeting points, areas and the like during collaboration

vii. Potentially privately executable registered contract completion requirements, associated liabilities, costs, fees, charges, additional monetary detriments and or responsibilities in self-defined conditions or stipulated collaborative duties are found throughout contractual as well as associated documentation

These can be detailed or refined codes of conduct dependent on participant's privately generated, autonomously recorded, primarily written and purchased documented or exchanged communications

viii. Frequently represented by dual member certification, upon verified purchase registration collaborative participant's are bound to and by their independently created contractual documentation which collectively constitute legally enforceable conditions of conduct and may further stipulate specific financial or monetarily significant functions or responsibilities that in certain events can be executed independently by TOF® on participant's behalf

ix. Through formulation communication and subsequent purchase of registered contractual documentation, collaborative participants declare that neither has any legal, psychological, financial, public nor private limitation including any physical restriction that will, could or may potentially prevent or inhibit safe and successful completion of work, performances, appearances, delivery, offering achievement or sale fulfillment all of which may constitute completion activity as mutually defined, determined, described, outlined, detailed or otherwise contractually specified

x. You are personally responsible for the accuracy of information contained within all forms of self-generated engagement agreements, hypermedia contractual documentation, associated conditions, content and or throughout any conducted activity as well as fully responsible and liable for any and all tangible, measurable and or real world results claimed to be derived therefrom including but not limited to physical and or emotional repercussions from interactions initiated on, related to, partially or fully pertaining utilization of Biosphere or any TOF® related or associated service

xi. Participants of registered collaborative engagements or exchange acknowledge that they may receive or have access to other member's information which could relate to past, present or future products; creative works; marketing strategies; pending projects and other similar information possibly being classified as proprietary, confidential or not intended for public dissemination in any form

Collaborative participants in registered contract further agree to honor confidentiality of such proprietary information and or secrecy of information that may be exchanged which has been identified by either as not being intended for disclosure, release or dissemination to third parties

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f. You understand and acknowledge
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i. Orders, transactions or any registered TOF® service purchase may only be made by one Purchasing Member

ii. Orders, transactions and or TOF® service purchases are digital and constitute sale of innately legal, predefined services or set digital functions as pertain to formal contractual documentation and or the registration processing

iii. Registered purchases from or involving TOF® do not relate to wallet use nor transfers of any blockchain-based or fiat currency by and between individuals whom may or may not also separately be Biosphere members

iv. Registered orders, transactions and or TOF® service purchases may have no bearing on collaborative participant's engagement or exchange's privately generated contractual completion details, roles, duties, requirements and or stipulations, be they confirmed or otherwise

v. TOF® does not provide and is not liable nor responsible for any service, function or feature outside of those specifically defined, discreetly identifiable, singly and digitally processed Biosphere facilitated orders or functions as have been registered and that Purchasing Member has independently and directly requested and then registered to receive from TOF®

vi. Purchasing Member grants TOF® ongoing and lasting debit authorization so as to make immediate monetary deductions from registered payment methods on their behalf for and up to the amount(s) or limit quantified within or throughout pertinent documentation thereby enabling the processing, purchasing or transference of confirmed service results having been registered as ordered

vii. Registered orders, transactions and or TOF® service purchases may have no relation, consequence or effect on collaborative contract completion requirements, actions or collaborative participant's active or pending duties and or personal legal liabilities - all of which necessarily arise outside of TOF®’s explicitly supported, time enforced, distributed ledger technology enhanced networks, financial and or digital service functional guarantees of collaborative engagement or exchange as are herein explicitly detailed

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g. Processing fees
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i. Purchasing Member is immediately and comprehensively financially responsible for settling all processing costs or fees associated with their TOF® service purchases, transactions, orders and or associated functions

ii. Purchasing Member is immediately responsible for costs, charges and or similarly classified fees as may be associated with registered orders including transfers or movements of funds from, to, into, out of and or across Biosphere

iii. Purchasing Member may utilize transactions involving a third party such as a payment processor and or credit card merchant. Third party costs are set entirely outside of TOF®'s control

Third party processing costs, fees or similar percentages as may be demanded by and or owed to a third party recipient, processor or similar service provider may arise due to Purchasing Member's instruction or order with each thereby becoming immediately billable to Purchasing Member

Third party orders and transaction costs are entirely distinct from and separate to TOF® services, transactions and or purchases. Each are added on top of or in addition to any TOF® related registered charge

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h. Making a purchase
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i. Dual member certification may be required before registered purchase processing

ii. Currently processing charges for Biosphere related purchases and or TOF® related services are not able to be purchased through use of a wallet

iii. Participants may settle payment directly and independently at anytime throughout the duration of registered contract, this capacity is available for most forms of collaborative engagement and or exchange

iv. Dual member certification may automatically be presumed with associated verified closure registration and or settlement billing initiated by TOF® on either participant’s behalf no later than two days (48 hours), following registered contract completion date

v. Purchasing Member account owner authorizes TOF® to deduct from their payment method(s) any and all charges as specified in full, including transfer fees or charges, regardless of registered contract completion, cancellation, acceptance, settlement outcome, tangible results achieved or lack thereof

vi. A clearly indicated, quantified charge  is immediately due at time of registered contract purchase

TOF® purchases are immediately deducted from Purchasing Member's registered payment method(s). This processing charge amount is distinct from all other costs

Listed separately on associated order forms and or billing confirmation pages, processing charge billing requires Purchasing Member's secondary confirmation

vii. For specially activated and established members explicitly authorized by TOF®, at the time of registered contract purchase a processing charge amount may be selected so as to enable guarantee of future or pending collaborative engagement or exchange related transactions

This optional, selectively available guarantee amount may then be set for either immediate or later payment. This selectively available guarantee charge amount may be separate from all other costs

In such cases the guarantee service charge payable to TOF® is calculated as being 3% to 12% of total subsequently protected value

viii. Settlement amounts may be registered and formally adjusted anytime up to two days (48 hours), prior to registered contract closure or expiry

Provided dual member certification has been verified beforehand this possible adjustment may be for setting amounts higher or greater than initially registered contract totals. Registered contract total value amounts and processing charge quantification may be raised should participants implement registered adjustments

Such charges and values may however never be less than or lower to registered contract's initially established, cumulative total value

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i. Closure may be automatically processed
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i. For and up to the set total value amounts upon closure request

ii. No later than two days (48 hours), following registered completion date

iii. Upon purchases necessitating verified confirmation for transaction, payment and or billing

iv. Should no dispute, change and or adjustment have previously been initiated within a minimum of one day (24 hours), prior to registered contract completion date

v. Closure may also be automatically processed for registered purchases, processing charges, transfer charge amounts, transaction fees and the like that have been authorized

Such existing registered authorization stipulates that the deduction, movement or access to such amounts billed to or withdrawn from Purchasing Member's payment(s) method may not require the associated Biosphere profile account owner to be actively logged into or otherwise present on Biosphere for such successful processing and deduction of fees and charges

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j. Where completion involves delivery of goods, materials, products or physical items
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i. The time of receipt and or inspection may be influenced by independently utilized third party transportation, delivery and or shipping methods

ii. Within collaborative engagement or exchange it is reasonably expected that receipt and or inspection should occur no more than 40 days (960 hours), past registered contract completion date

iii. Settlement may be ordered by either participant and or automatically processed following dual member certification or Tribunal ruling at any time throughout registered contract

iv. Only as and where such is a stipulation of completion acceptance dual member verification upon physical receipt may be necessary following inspection by Purchasing Member, also known as the receiving member or receiving participant

v. Delivery and or transportation method’s reliability remains the responsibility of the sending collaborative participant, also known as provider, whom is strongly advised to purchase sufficient tracking and or delivery insurance so as to avoid potential item, good or financial loss

vi. In situations where completion acceptance is neither gained nor granted, where a product or physical item may be undelivered or evidenced as having not been received within 40 days (960 hours), following set registered contract completion date then sending or provider collaborative participant remains fully liable and responsible for any associated refunds, replacements, rescheduling and or loss

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k. Collaborators may request to cancel
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i. Should a either collaborative participant wish to cease interaction and not register a formal dispute

ii. Should either collaborative participant be reasonably considered as unreachable or unavailable for a period equal to or longer than 5 days (120 hours)

iii. Exchanged by and between collaborative participants a request for cancellation and or closure can be filed using any reasons, rational or motivation deemed appropriate and acceptable. This ad-hoc request then becoming registered following dual member certification

iv. Collaborative engagements or exchanges may be cancelled without penalty within such a time frame whereby registered contract completion inability is clearly verified due to either collaborative participant's incapacity, forced detention, sickness or accident

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l. Only registered Disputes may delay processing digital security functions
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i. Non-arrival and misrepresented are the two most common dispute categories

ii. Dispute related settlement billings may only be enacted following registered contract dispute closure, acceptance and or ruling

iii. In cases of Dispute initiation TOF® may be requested by a collaborative participant to review engagement documentation including all associated communications

iv. Non-arrival Disputes relate to situations whereby there is an evidenced lack of delivery, performance or receipt as required for successful fulfillment of registered contract completion requirements being performed in the manner stipulated

v. Misrepresented Disputes relate to situations whereby there is an evidenced lack of or failure in fulfillment of registered contract completion requirements

Misrepresented may also be applied to Disputes regarding situations wherein there exists evidenced attempts towards completion yet such attempts blatantly and significantly differ from documented descriptions

Misrepresented may likewise be efforts or actions that pose material differences from those stipulated within registered contract when reasonably, objectively compared to defined or quantified collaborative engagement or exchange completion requirements

vi. Settlement dispute constitutes situations whereby TOF® may execute financial functions on behalf of either collaborative participant

Herein completion may or may not have been conducted yet a collaborative participant has unequivocally verified their contractually specified requirements and or exchange stipulations have not been honored, initiated, conducted, nor processed either via Biosphere or through any other medium or technology or in the real world within the stated applicable time frames for execution and that such non-performed transfer or exchange was further neither completed in part or whole by participant's agent, friend, associate, representative or the like

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m. Terms enforced by TOF®
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i. Biosphere contractual documentation terms and conditions may only be considered set or otherwise considered as pending following registered purchase

ii. Functions of contractual documentation terms and conditions relate to predefined TOF® services and are purely preset in function as well as legally correlated

iii. Registered contractual documentation terms and condition functions in relation to TOF®'s actions and service extents are made explicit throughout transaction and order documentation

iv. Changes or adjustment to registered contractual documentation terms and condition functions in relation to TOF®'s actions or service extents may only be considered applicable after having been verified as successfully processed

v. In their entirety all collaboration terms and conditions enforced by TOF® pertain to independent contractual documentation registration, digitally executed function and registration services with purchase and fulfillment of such only constituting a one-way transaction or series of timed transactions between their Purchasing Member directly with TOF®

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n. Biosphere account profile owners are suggested to independently secure additional insurance protection throughout collaborative engagement or exchange. Such insurance protections may further safeguard against possible associated external costs like travel related fees, lodging 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
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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 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.

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 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.

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 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.

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 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.

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 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.

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 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.

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
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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 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.

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
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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
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i. TOF® does not hold any deposits

ii. Registered purchases are between you and TOF®

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

iv. TOF® protection limits are set in registered contractual documentation

v. Registered purchases do not relate in any way, shape or form to completion conditions and or participant defined requirements

vi. Registered contract completion conditions and requirements may only be conducted by and between collaborative engagement or exchange participants

vii. Settlement billing may be forced, the financial limitations for such are to or within participant's independently quantified amounts as set within or throughout registered contractual documentation

viii. You may independently invoice payments, transfers or settlements to any payout channel available, in any available method or manner and so as to be conducted using any selected available medium of exchange

ix. Full or total financial amounts as pertaining to registered contract settlement billing may be deducted, withdrawn and or sent to any registered payout channel as requested and verified as belonging to pertinent participant profiles

x. TOF® secures advanced billing authorization so as to complete registered financial functions supporting your assurances of registered contract completion requirements in adherence with registered collaborative hypermedia contractual documentation, terms and or conditions

xi. Purchasing Member's are financially protected through and up to registered contract limitations. Purchasing Member is not liable for any completion costs during verified cases material breach such as those of misrepresentation, non-arrival and or non-completion

xii. Artist category collaborative participants are protected through registered contract up to verified settlement limits, totals or amounts specified therein and as may be billed, charged or deducted from Purchasing Member's payment methods, including potential additionally registered completion costs or additional charges when verified as applicable

xiii. Provider collaborative participants are protected through registered contract, subject to verified delivery completion in cases of physical item or product shipping, up to registered amounts specified therein and as may be billed, charged or deducted from Purchasing Member's payment methods, including additional registered completion costs or additional charges when verified as applicable

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b. Using your wallet
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i. Payments, settlements and transfers may be sent to a registered address

ii. Biosphere or external member registered wallets are controlled by and remain owner's sole responsibility

iii. TOF® records transfers through innominate code entry on distributed ledger networks, allowing recall implementation use by pertinent registered participants

iv. TOF® is neither responsible nor liable for any member’s Biosphere or external wallet use including balances that may or may not be contained therein

v. TOF® may be requested to assist with registered wallet transfers. Necessarily such wallet transfers will be processed by TOF® exactly as stipulated by you

When data has been conveyed by you to TOF® for processing execution TOF® cannot assume responsibility or liability for possible errors in transfer destinations or amounts you may specify therein

vii. Settlement transfer destinations may be independently set to a wallet address. Registered wallet addresses, details and particulars may be changed at profile owner's discretion

viii. Transfers into, out of or between your wallets may be entirely beyond TOF®’s monitoring capabilities particularly for wallet uses involving blockchain-based currencies

ix. Use or withdrawal of funds from a wallet may not always be monitored nor controlled by TOF® and thereby remains owner's personal responsibility

x. TOF® cannot predict nor control the most suitable, desirable or practical course of action regarding wallet ownership and or choices of blockchain-based currency including which type or kind may at any time be best for you to use

xi. TOF® services may extend to facilitation or assistance in Biosphere profile account owner’s securing personal blockchain-based wallet address linked with ATM card. Issuance by TOF® is subject to application and approval

xii. Certain regions may not permit the use, purchase and or exchange of blockchain-based currencies. Through your use of wallets you are declaring that you are not a resident and or operating within such restricted jurisdictions

xiii. Aside from the entering of anonymized, innominate code which privately reference transfers and other registered transactions as via The Other Blockchain® or across various distributed ledger networks, TOF® does not store, record, follow nor inquire about any external wallet address or its use

xiv. Wallet ownership generates and stores private and public key pairs so as to process blockchain-based currency transactions

You are responsible for maintaining accurate records, backups and accounts with no storage nor password retrieval made possible throughout registered implementation of such as on Biosphere or with any TOF® associated service

xv. Blockchain-based currency transfers which are not directly registered as pertaining to an officially specified TOF® receiving address, as may be independently initiated by you, are considered privately conducted or completed actions and do not pertain to you acting as a Purchasing Member with or in relation to TOF® and or in relation to any TOF® associated service or provider

xvi. TOF® is neither responsible nor liable for your wallet use including any potential or tangible transfer delays; financial loss; harm; inconveniences; negative repercussions or the like as potentially claimed to be derived therefrom

TOF® is not in any circumstance liable for claimed or tangible resulting damages, losses, expenses or harm arising from your wallet, transfers nor their use either now or in the future

xvii. Wallet payment transfers, as you may independently initiate or process, typically have transaction fees associated for completing such similar blockchain facilitated entries and or processing which themselves may be payable through the use of blockchain-based currency as well as processed at the time of execution

Wallet related transaction fees are separate to and entirely distinct from any registered TOF® purchase, payments and or service orders

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c. Activating your profile
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i. By activating your Biosphere account or profile you are acting on your own behalf and not as an intermediary or broker for any other person or entity throughout Biosphere utilization and or purchase of TOF® services

ii. To ensure safe, comprehensive and mutually satisfactory registered contract completion, in good faith, TOF® guarantees and safeguards registered transactions to the fullest extents possible including maintenance of detailed accounting and the correction of any errors found throughout such documentation

iii. By maintaining an activated Biosphere member profile account and or entering into registered collaborative engagements, agreements, exchange, contracts or associated conduct you are authorizing us to bill, send and receive financial transactions as well as potentially handle multiple forms of financial services on your behalf as may be registered either now or in the future

iv. Transfers relating to registered purchase orders may be retained by us if awaiting additional processing and or verification confirmation by associated and or applicable participants. For certain services Purchasing Member may be required to provide adequate proof of prior payment deduction confirmation up to or throughout a period of 180 days following any transfer, transaction and or order has been processed

v. To be successfully verified as an activated Biosphere member requires that your privately registered name, possibly distinct from your display name, and submitted owner identity documentation both match

Specifically this review is conducted to ensure that the name you have provided to TOF® as being your legally identifiable or formal name actually represents the same person as associated with or to your privately registered payment methods

vi. Registering or linking a credit card to your activated Biosphere profile account grants TOF® the continuous, ongoing authority to automatically charge and deduct amounts so as to obtain necessary funds when these credit cards may be used as payment methods by you in registered orders, conduct Biosphere activity as a Purchasing Member and or to complete any purchase, order, settlement, transaction and the like

vii. Your Biosphere profile may be considered activated once you have securely and privately registered sufficient personally identifiable information alongside sufficient financial payment and or payout channels which thereby extend to imparting ongoing authorization for TOF® to conduct registered purchases, orders, transactions and or transfers on your behalf and in relation to activity you have conducted in your capacity as a Purchasing Member

viii. Activated Biosphere members authorize TOF® to potentially obtain business credit reports when requesting processing of purchases, orders or transactions

TOF® may further run various security checks potentially involving third party services or agents at any time we should believe a security check of activated Biosphere profile account owners are deemed immediately necessary for the maintenance of Biosphere security

ix. All billable transactions, orders, fees, costs, charges, deductions or settlements processed by TOF® may be entirely separate from and independent to registered contract requirements, conduct, roles or completion responsibilities including acceptance including closure authorization, or lack thereof

All billable transactions, orders, fees, costs, charges, deductions or settlements processed by TOF® may be executed by TOF® as have been registered irrespective of the privately held terms and conditions that collaborative participants independently set or enact in registered contracts

x. Prior to activation, we require verified receipt and checks of Biosphere account profile owner identity documents such as government issued ID’s, passports, drivers’ licenses and the like against at least one associated, self-selected payment method

Payment method information is required to be verified and may include a Biosphere account profile owner’s active credit card data, bank accounts and routing numbers, linking other accounts such as PayPal or self-selected merchants, date of birth, registered billing address and the like

Payment methods require verified credit card registration so as to ensure ongoing billing authorizations necessary in facilitating self-directed Biosphere activity, purchases, orders and or transactions

xi. By registering as an activated member TOF® is further granted the ongoing authority to automatically charge and deduct specific amounts from your registered payment method at any time required by your registered contract and or orders including those charges which constitute settlement, transfers of associated costs, fees, additional charges, payments and the like having been verified or ruled as due. Immediate billing may be processed by TOF® on your behalf particularly in relation to settlements of third party processing or transaction fees

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d. Limited and particular sharing of personally identifiable information
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i. TOF® can be requested to communicate with external financial or monetary service providers on your behalf

This is in order to facilitate your registered purchases, orders, processing of finances and or transactions as required on specific occasions

The purpose of this communication may be to authenticate your identity so as to prevent fraud and or similar abuses as well as to faithfully fulfill registered orders as you have purchased

ii. Such external communication relates to the movement of funds for registered purchases, transactions and orders as made by you in your capacity as a Purchasing Member directly with TOF®

THIS COMMUNICATION IS COMPLETELY SEPARATE FROM AND DOES NOT INCLUDE member definitions of collaborative engagements; collaboration related communications; member owned content; descriptions or entered specifics as found contained within hypermedia contractual documentation; details or specifics of contractual arrangements; collaborative completion roles or duties or associated conduct alongside tangible collaboration details; collaboration specific working locations; purposes of wallet use or the like

All such details have been segmented from any relationship with TOF® as a Purchasing Member so as to ensure collaborative participant's private retention of any registered collaborative engagement and or exchange particulars

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e. We are not a tax department
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i. You are responsible to meet any and all personal tax obligations or the like

ii. We do not store, record, follow nor inquire about any member’s adherence to any tax requirements they may or may not potentially be liable for

iii. We do not store, record, follow nor inquire about any member’s financial transactions performed outside of those absolutely necessary and required to constitute a Purchasing Member relationship with TOF®

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f. Once your profile is activated
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i. TOF® may only facilitate digital financial and legal contractual functions in manners exactly stipulated within registered documentation

ii. Registered purchases from TOF® are always separate from collaborative engagement or exchange requirements, duties, responsibilities and or any tangible conduct pertaining to completion of collaborative engagement or exchange

iii. Biosphere verified and or registered transactions and orders are privately detailed in owning and or participant member accounts with double confirmation typically required prior to processing execution by TOF®

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g. As a Purchasing Member you agree and authorize TOF® to
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i. Make deductions from your registered payment methods in order to accommodate your Biosphere purchases, contract settlement, orders, fees and or permit similar associated transactions

ii. Process funds and full associated amounts or values on your behalf in accordance with registered contracts, purchases, transactions, settlements, fees, engagements, agreements, orders and the like

iii. Receive processing fee amounts deducted upon registered order, engagement, contract or agreement closure and perhaps repeat this deduction and processing at a later specified stage as may be quantified within registered purchases of collaborative documentation or subsequent registered purchase of an adjustment order

iv. You authorize TOF® to collect, hold and process financial transactions including all associated deductions or transfer fees as well as potentially holding or freezing associated transactions including any movements of funds as and where may be applicable as say during registered Dispute proceedings

v. You authorize TOF® to collect, charge, bill, hold and otherwise transfer or move any and all applicable monetary amounts in any currency or form specified as associated with or derived from your activated Biosphere account in relation to registered activity, settlement, fees, orders, purchases, payments or the like

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h. When you register a purchase
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i. You select, add and or confirm your preferred payment methods

ii. Registered purchases immediately deduct associated amounts from your payment method(s) and are processed without hesitation or delay

iii. Registered purchases, both active or closed, as well as contract valuations are detailed in your member profile account and available for digital review or download

iv. All registered purchase charges, fees and processing costs arising from order as initiated by you relate to yourself acting in a Purchasing Member capacity directly with TOF®

v. TOF® is under no obligation to advise, guide or direct you regarding registered purchase timings, orders, preferable conversion rates, choices in third party merchants and services or the like

vi. As a Purchasing Member conducting registered activity you are comprehensively financially liable for and expected to settle in full all costs, bills, fees, additional charges and the like as may arise throughout

vii. Rounding of transaction amounts, such as $99.90 to $100 or $99.20 to $99, may be deemed by TOF® and executed where held as necessary particularly in processing execution of currency conversions and or international financial transfers

viii. You will be immediately notified should any transaction and or authorization check initiated as arising from your Biosphere activity not be processed due to insufficient funds, expired credit card data, error or the like

ix. Processing of registered transactions into or between payment or payout channels and accounts to external destinations such as third party merchants or service providers may all generate additional billable charges which are expected to be settled in full by associated Purchasing Member

x. Third party transfer and or similar handling charges including processing fees or percentages from third party merchants are added on top of or in addition to the registered transaction value amounts

These are further deducted in full at the time of processing with such costs, fees and or charges settled by the debiting or withdrawal from Purchasing Member’s profile payment method(s)

xi. Calculations or currency exchanges in relation to registered orders, purchases, settlements or transactions are determined at the time of initial authorization and may be subject to exchange delays, hosting processing delays, market fluctuations, response times of third parties as well as merchant processing times or the like. As such processed or resulting calculation or final value amounts, following services ordered to be executed by third parties, may may potentially differ in amounts as when compared to those initially set

xii. Registered purchases, orders, transactions, additional charges, settlement, fees, transfer costs and or similar charges, which are entirely separate from and independent to any requirements or responsibilities between collaborative participants, may be billed by TOF® and or considered as payable by Purchasing Member through immediate deductions and or billing of registered payment method(s)

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i. Billing authorizations may be processed when
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i. Registered purchase of any TOF® order, service and or associated transaction

ii. Processing registered Biosphere activity which itself generates transaction costs, fees or charges

iii. Processing charges or fees following registered contract completion, acceptance, settlement, cancellation, expiry or closure

iv. Following registered changes, adjustments, alterations or updates to terms, timings or conditions pertaining to registered contract and or associated documentation

v. During or following registered Dispute rulings, as issued by the Tribunal, whereas transactions and or financial transfers may have been deemed as necessary for settlement

vi. Registered purchase of copyright registration, thereby constituting an order creation as received by TOF® and or official commencement of digital service function processing

vii. Registered purchase order of collaborative hypermedia documentation, thereby constituting a contract’s creation order as received by TOF® and or official commencement of digital service function processing

viii. Registered purchase order of hypermedia intellectual property sales documentation, also known as an IP sales contract, thereby constituting a contract’s creation order as received by TOF® and or official commencement of digital service function processing

ix. Registered Biosphere activity or conduct as relating to the expiry, apparent acceptance, apparent completion, settlement and or one-sided cancellation of collaborative engagement documentation wherein no Dispute has previously been filed

x. Purchasing Member's activities pertaining in part or whole to registered contract including but not limited to acceptance, closure, completion and or verification of any issued invoice, bill, purchase order, transaction, order, settlement and or transfer which may or may not include verified additional charges and or tips

xi. At the time of initiating communication in relation to any collaborative engagement or exchange. Billing authorization at this stage is to ensure requesting collaborating member's availability of sufficient funds in preparation of when subsequent communications result in registered contract creation

This verification of funds is to ensure that the potential future collaborative participant actively possess resources so as to meet set minimum collaborative engagement or exchange's financial requirements

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j. Sales, orders and contracts
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i. Registered purchase receipt and invoice documentation indicates transaction amounts to be immediately debited, charged or otherwise deducted directly from payment method(s)

ii. Enforced financial functions and or protections pertain entirely to processing identifiable, discrete, wholly formulated, registered legal documentation which contain time specific, verified digital transaction functions as ordered

iii. Costs as explicitly detailed in registered documentation specifically pertaining to changes, alterations, adjustment requests, cancellations, late arrivals, penalties, settlement and all such billable fees are considered potentially deductible throughout duration of registered contract

iv. Where no Dispute has been registered, transactions and or functions related to registered collaborative engagement or exchange may be automatically processed within two days (48 hours), following registered contract's completion dates and or earlier following dual member certification of acceptance, abandonment, closure or cancellation

v. Details, effects, results, actions, requests, consequences, repercussions, ramifications, interactions, situational evidence and the like as may pertain to participant's roles, requirements, definitions or decisions relating to registered contract completion may be submitted for third party, Tribunal Dispute ruling which itself can possibly result in settlement billing executed by TOF® on collaborative participant's behalf

vi. All completion related activity, conduct, roles, responsibilities, exchanges, consequences and or tangible results achieved between registered collaborative participants is conducted privately off Biosphere

Registered collaborative documentation may define completion requirements, roles, obligations and or conduct yet the execution of such is always held as separate from Biosphere services and or all TOF® associated services

vii. Processing settlements, settlement billing, fees, closure and all related paid transactions is executed at TOF®’s earliest, reasonable convenience

Processing may extend past the two day (48 hour), deadline held between collaborative participants in registered contract who have initiated registered Dispute. A registered contract in Dispute is frozen, awaiting Tribunal ruling

Processing of settlements, settlement billing, fees, closure and or paid transactions following Dispute ruling is likewise then processed at TOF®'s earliest, reasonable convenience

viii. Detailed in registered contract and associated documentation the classification of alterations; cancellations; no-shows; additional charges and or any type of billable fees or costs arising from completion activity and or associated participant conduct are assumed to be freely agreed to by collaborative participants whom subsequently bear full, comprehensive financial and legal responsibility to promptly settle all associated payment transfers as may be verified to arise

ix. As may be brought to our attention through member generated reports, potential participant costs associated with completion, additional charges, bills, penalties or fees of any type as permitted within registered contract and or functions that may be due for settlement or transfer all must first be evidenced and subsequently verified with TOF® before any action by TOF® on either collaborative participant's behalf or to their benefit may be expected as having been initiated or otherwise considered pending

x. The direct transfer of payments and or receipt of any funds in commercially practicable manners as so chosen, such as exchanges of cash or wallet use, may be privately conducted off Biosphere by and between collaborative participants

TOF® may have no other knowledge nor any ability for factual verification regarding payment transfer completion activities outside of the limited information that may be autonomously delivered to us by you

TOF® has no role, influence, responsibilities nor liabilities arising from collaborative participant's tangible conduct or activities whether relating in part or whole to Biosphere activity, registered collaborative engagement or exchange responsibilities and or payment transfers

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k. Settlement billing
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i. Settlement billing transfers may be sent to or via any registered channel

ii. Settlement billing transfer destinations, currencies and timing are selected by you

iii. As available settlement billing transfers may be sent to your wallet and in blockchain-based currency

iv. Currency and subsequent exchange amounts, values or totals may be subject to market fluctuations

Fluctuation of financial markets invariably falls outside of TOF®’s influence

v. TOF® is not associated with any trademarks or online payment methods nor payout channels as may be independently accessible or linked to your account such as, but not limited to, PayPal, Visa, MasterCard, American Express, Stripe, Adyen and the like

vi. Due to third party merchant’s processing fees, market fluctuations, service charges and the like actual fees and or associated costs billed for registered movements of funds relating to settlement, transactions, currency conversions and the like may differ from their initial displayed amounts

Value or amounts may vary at the time of display from those at the time of processing execution. TOF® consistently endeavors to minimize such differences throughout

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l. Blockchain-based currencies and distributed ledger networks
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i. We will strive to communicate to members reasonably in advance our decisions concerning any significant new blockchain forks and or supported blockchain-based currencies

ii. We have the right to and will at our sole discretion decide if and how we may support new blockchain-based currency and 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 or forks of the blockchain 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 a blockchain fork 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 services as soon as reasonably possible and at our discretion

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m. TOF® bills one-time for
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i. Copyright registration

This charge is owed upon registered purchase. This amount is payable in full by Purchasing Member. Total payment amount is detailed prior to purchase. Copyright registration charges are non-refundable, non-transferable and immediately deducted by TOF® from Purchasing Member's registered payment method. Copyright registration charge is added on top of and remains separate to all collaborative engagement documentation as well as any and all registered contract activity

ii. To register collaborative engagement documentation

This is a "Contract" or "IP Sales Contract" creation charge. This amount is payable in full by Purchasing Member. Payment amount is specifically detailed prior to purchase. Contract creation and or anonymized entry on The Other Blockchain® or with RWSC® assignment charges are non-refundable, non-transferable and immediately deducted

The contract creation charge is added on top of and remains separate to registered contract's specified monetary value or limits, potential additional collaborative engagement fees or charges as well as all other details including completion activity or requirements as may be conducted by participants

iii. Registered orders which accumulate or require settling of guarantee charges, processing charges and or fees

These are payable in full only by Purchasing Member and immediately deducted upon registered completion, acceptance, cancellation, expiry or any type of registered contract closure. Processing amounts with relevant transaction dates are detailed in member accounts for review and displayed at the time of registered order or purchase. Guarantee charges are equivalent of 3% up to 12% of total registered contract value

These charges and fees are non-refundable, cannot be canceled, non-transferable and payable only to TOF. These charges and or fees are added on top of and remain separate to additional billed costs and all other registered contract requirements as well as any and all completion activity as may be conducted by participants

iv. Registered settlement billing, transfer and or settlement of processing fees

Such are payable in full by Purchasing Member. Any payment amount is detailed prior to processing with registration of settlement billing possibly further triggering registered contract's closure classification. These fees and or processing costs are non-refundable, non-transferable and immediately deducted

v. Registered control transfer orders and or contractual documentation's re-registration costs

These arise when either collaborative participant may formally update or record material changes to or within an already registered contract. These are payable in full by Purchasing Member upon registered order

Charge amounts are specifically detailed prior to processing. Such control re-registration fees and or processing costs are non-refundable, non-transferable and immediately deducted

The RWSC® transfer fees and or processing costs are added on top of and remain separate to limits, additional billed costs and all other collaborative engagement requirements as well as any and all completion activity as may be conducted either now or in future

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n. Negative balance
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i. Negative balances may be created due to unavailable and or insufficient payment amounts through Purchasing Member’s account

ii. Negative balances are said to exist at the time when a registered order or transaction may be attempted yet a primary payment method is unable to have full associated amounts deducted

iii. Transactions and or registered purchase costs of any Purchasing Member's order are held to constitute a negative balance on the Biosphere up to the specified figures on or against each such transactions

iv. You may be contacted outside of Biosphere and in any manner or method deemed appropriate by TOF® so as to settle outstanding negative balances, payments, transfers, costs, fees, charges and or debts owed

v. Creation of a negative balance by a Purchasing Member will automatically initiate billing authorization and attempts to withdraw or deduct equivalent amounts from any additionally registered payment methods so as to settle registered outstanding payments or debts as may be immediately and directly billable

vi. Purchasing Members may not proceed with additional or subsequent registered purchases, orders or transactions until after such time an existing registered negative balance payment or transfer amount has been successfully settled through TOF® and verified as processed alongside any funds subsequently being successfully registered as fully received by any applicable parties

Only following this sequence of confirmations towards the settling and removal of negative balance classification may Purchasing Member’s account remove all negative balance Biosphere activity restrictions

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o. Third party merchants and payment processing
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i. Selected and secured third party providers or services for processing transactions, private transfer functions and or identity verification services may be made accessible via Biosphere

ii. By selecting and engaging with third party services you authorize associated billing and or deductions to be made from your registered payment method(s) in order to immediately settle costs of such services as stipulated

iii. Determined by your selected third party service providers each transaction, payment, transfer and or similar paid order of any type with them may be subject to associated processing fees, charges, billing and or handling costs

iv. You acknowledge that we have the rights, at any time and at our sole discretion, to refuse to process any purchase, transaction or order when we believe such may pertain but may not be limited to; manipulation of market prices; abuse or exploitation of proprietary information; attempted legalization of proceeds of illegal activities; insufficient funds; violation of any Biosphere Term or registered contract condition and or 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

v. TOF® accepts no liability nor responsibility for any third party provider, representative, employee and or agent

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

TOF® is equally not responsible nor liable for the results, consequences and or ramifications of your utilization of any third party service yet will always endeavor to ensure stable, safe, ongoing use of Biosphere as well as TOF® services and functions

vi. You are personally responsible and immediately liable to settle all charges or fees relating to any costs possibly applicable or arising from currency conversions, transfers, transactions, movements of funds into or out of Biosphere and all similarly associated transaction fees as may be due following registered purchase, order and or transactions

All transaction costs into and our out of Biosphere require your full settlement and constitute entirely separate, discrete charges added on top of or in addition to registered TOF® orders or purchases

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p. In case of errors
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i. In good faith TOF® endeavors to take all appropriate and reasonable steps towards ensuring accurate billing throughout, including the correction of any potential errors

ii. In cases of errors made by Purchasing Member the only available recourse may consist of their attempting to contact the controller or recipient of said erroneously entered payment or transfer channel and asking them directly to reverse such

iii. You acknowledge and assume all risk of financial loss, inconvenience and the like that may arise from unauthorized access to and or operation of your Biosphere profile member account and or wallet

In situations where Purchasing Member’s profile owner makes an error, such as but not limited to the specifying an incorrect or inaccurate payment or transfer channel destination, we are not able to refund, reimburse or assist in rectifying such error in any capacity

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q. In situations of registered contract Dispute initiation all associated transactions, purchases and orders may be paused pending Tribunal investigation and ruling
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r. Real-World Smart Contract® (RWSC®)
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i. Implementation of the Real-World Smart Contract® involves a minimum of two controlling owner members

ii. No maximum publicly displayed valuation or even collaborative relationship with an RWSC® may be openly correlated to an individual member

iii. For member’s safekeeping and security the blockchain enabled transmission and ongoing storage of the RWSC® is wholly determined as well as facilitated by TOF®

iv. The RWSC® is a digital security + utility token which requires the verification of registered participant ownership control documentation, proof-of-stake, prior to review, transfer, valuation adjustment, conversion and or closure

v. As shared control account ownership, the RWSC® represents a privately held, confidentially recorded, publicly anonymized division until such a time that enacted relinquishing of such anonymity by actual collaborative participants may transpire

vi. The RWSC® represents a blockchain-based or cryptocurrency extension of registered, privately enacted collaborative engagement documentation which through use of smart-contract functionalities further references registered contract's time specific functions and valuations as may now or in future be detailed or outlined therein

vii. The RWSC® may only be sent, received and or jointly owned and thereby controlled by or between activated Biosphere members in registered contract

Control, use, transfer and or settlement of RWSC® control ownership share or control portion may not pertain to any tangible collaborative engagement completion activity, conduct, roles and or similar stipulations as independently enacted by and between participants within registered collaborative engagement or exchange documentation

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s. TOF® operations are compliant 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
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i. Collaborative participants control and own registered contract

ii. Registered changes to completion dates and contract may be possible following adjustment order

iii. Collaborative participants determine completion, payment, billing, financial functions, payment mediums and methods

iv. As relating to registered contract completion, collaborative participants may receive direct payment transfers, monetary amounts and or funds off-Biosphere

v. Registered collaborative engagements, exchange, documentation and contracts may be set to any location and thereby within any subsequently applicable legal jurisdiction

vi. Adjustments to registered collaborative engagement or exchange's closure or timed closure settings, as represented in contract completion dates, are considered a rescheduling or that registered contract itself is rescheduled with completion activity pending

vii. Collaborative participants may be able to adjust most all contractual documentation conditions, amounts and or timing specifications with such changes or adjusted functions only enacted following registered amendment order purchase

Amendment order purchase, must be processed more than two days (48 hours), prior to registered contract's set completion dates and or comparable closure deadlines

viii. Alterations and or adjustments attempted to be registered within or under two days (48 hours), of registered contract's set completion date and or comparable closure deadlines dates then such specified adjustments as may pertain to material terms, conditions and or functions including financial or monetary limits may be held by TOF® as not successfully registered and consequently unenforceable

Throughout Biosphere activity, functions and transactions will always be processed in accordance with the latest, most up to date and or recently successfully registered variation of collaborative engagement or exchange documentation

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b. Cancellation requests
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i. Collaborative participants may request to cancel registered contract involvement anytime up to one week (168 hours), prior to set completion and or closure deadlines

ii. The receiving collaborative participant of a cancellation request is able to accept or reject such cancellation request. Should a request to cancel not be accepted, the receiving participant may alternatively and as a last resort escalate the situation by opening a Dispute with the Tribunal

iii. Should a requesting participant's reasons for cancellation be accepted by the receiving collaborative participant, registered contract and or agreements may then be verified as closed with no further held as requirements applicable or pending

v. Should the request to cancel not be accepted, the receiver may respond in writing so as to propose a revision, alteration or change to applicable registered contract and or requirements so as to potentially proceed with completion, payment and or settlement in a manner held as being jointly or mutually satisfactory

vi. Should a registered contract be forced to cancel due to a participant's deleting of their Biosphere account and or otherwise being unavailable prior to registered contract completion dates or closure deadlines then all purchases, settlement, orders, functions and or associated transactions remain in place and subject to the terms specified within

These functions, even if otherwise abandoned, can further be executed at TOF®’s earliest, timely convenience and reasonable discretion

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c. Notifications
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i. Members are responsible to immediately report events they wish be brought to TOF®'s attention

ii. TOF® expects that such member-initiated communications would commence when or where you believe a perceived error has occurred; if or should your passwords or pins may have been compromised; your private Biosphere account information data, IPFS hashtags and or login details might have been lost or become known to a third party and or when you believe that private or sensitive collaborative engagement details or data may have become known to an unauthorized third party. In situations of data breaches members are suggested to write to the TOF® Data Protection Agent directly [[email protected]]

iii. TOF® may classify investigation and or error related Biosphere account(s) as inactive upon such notification and pause such member's Biosphere activity pending internal examination

Results of any examination will typically be shared to the applicable Biosphere account profile owner within two weeks (336 hours), from their time of receipt

Biosphere members may request removal of an inactive classification by contacting TOF® directly [[email protected]] or [[email protected]], at any time throughout examination

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