TIAMONDS TOKEN SALE
Tiamond NFTs and Tiamonds TIA Token
February 21, 2022
BEFORE ATTENDING ANY AUCTION IN THE TOKEN OFFERING OF TIAMOND TOKENS OR MAKING ANY PURCHASE OF TIAMOND TOKENS PLEASE READ THIS DOCUMENT AND THE PROJECT WHITE PAPER CAREFULLY. THIS DOCUMENT DOES NOT REPLACE THE EXPERT ADVICE OF A BANKER, LAWYER OR TAX ADVISOR REGARDING PURCHASE OF TIAMOND TOKENS. NO REPRESENTATION OR WARRANTY IS MADE AS TO WHETHER, OR THE EXTENT TO WHICH, THE TIAMOND TOKENS PURCHASE IS LEGAL FOR TOKEN RECIPIENTS FROM COUNTRIES WHERE THOSE ACTIVITIES ARE RESTRICTED.
BY ACCEPTING THESE TERMS OR RECEIVING ANY TIAMOND NFTs AND TIAMONDS TIA TOKEN, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY REVIEWED THESE TERMS AND FULLY UNDERSTAND THE RISKS, COSTS, AND BENEFITS OF PURCHASING TIAMOND NFTs AND TIAMONDS TIA TOKEN. IF YOU ARE IN ANY DOUBT AS TO THE NATURE OF THIS TOKEN ISSUANCE, THE RISKS INVOLVED OR THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR LEGAL ADVISOR.
TIAMOND NFTs AND TIAMONDS TIA TOKEN DO NOT CONSTITUTE SECURITIES PURSUANT TO LIECHTENSTEIN NATIONAL AND EUROPEAN UNION LAW. DEPENDING ON THE RESIDENCE OF THE TOKEN RECIPIENT, SUCH QUALIFICATION MAY BE ALTERED FUNDAMENTALLY. ANY TOKEN RECIPIENT IN PARTICULAR FROM OUTSIDE OF THE EUROPEAN UNION SHOULD CONSULT THEIR LEGAL ADVISORS REGARDING SUCH MATTERS PRIOR TO ANY TIAMOND NFTs AND TIAMONDS TIA TOKEN PURCHASE.
THESE TERMS SHALL IN NO WAY BE CONSIDERED TO CONSTITUTE A PROSPECTUS, A SOLICITATION FOR INVESTMENTS IN TIAMOND NFTs AND TIAMONDS TIA TOKEN OR INVESTMENT ADVICE BY ANY MEANS.
DUE TO THE LEGAL NATURE OF TOKENS IN GENERAL THERE ARE CERTAIN RISKS ASSOCIATED WITH TIAMOND NFTs AND TIAMONDS TIA TOKENS WHICH ARE DESCRIBED HEREIN. BY ACCEPTING THESE TERMS AND CONDITIONS (HEREINAFTER ‘TERMS’), TOKEN RECIPIENTS AGREE TO BE PROPERLY INFORMED ABOUT ALL POSSIBLE RISKS ARISING FROM THIS TOKEN OFFERING. THESE TERMS MIGHT CONTAIN BINDING WAIVERS WHICH – IF APPLICABLE TO THE INDIVIDUAL TOKEN RECIPIENT MIGHT ACCEPT HIS LEGAL RIGHTS. IF THE TOKEN RECIPIENT DOES NOT AGREE TO THESE TERMS AS STATED BELOW, HE SHALL NOT PARTICIPATE IN THE TOKEN OFFERING.
The following Terms constitute a binding agreement between LCX AG and the individual participant in the Tiamond Token sale (hereinafter ‘Sale‘) and auctions (hereinafter ‘Auction‘). It governs Tiamond Token Offering by LCX AG (hereinafter ‘Token Issuer‘). Subject of this Token Offering will be the transfer of a unique, cryptographically secured ownership rights of a certain physical diamond (hereinafter ‘Tiamond Non-Fungible-Token’ or ‘Tiamond NFT‘) in the form of a ERC-721 standard token. Subject of this Token Offering also includes the transfer of additional utility tokens (hereinafter ‘Tiamond TIA Token’ or ‘TIA Token’) in the form of an ERC-20 token on the Ethereum Blockchain. Tiamond NFT and Tiamond TIA Token shall hereinafter be referred to as ‘Tiamond Token‘ or ‘Tiamond Tokens‘. The digital ownership rights will be transferred to a wallet defined by the Token Holder (hereinafter ‘Token Holder‘ or ‘Token Recipient‘). Token Issuer and Token Recipient shall hereinafter be referred to as ‘Parties‘.
LCX AG is offering (hereinafter the ‘Offering‘ or ‘Token Offering‘) Tiamond NFTs and Tiamond TIA Token on a best effort’s basis. Each Tiamond NFT will be either sold at a fixed price or within an auction. Each Tiamond NFT holder will be entitled to receive TIA Token as rewards over a defined period of time.
BY ACCEPTING THESE TERMS OR RECEIVING ANY TIAMOND TOKENS, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY REVIEWED THESE TERMS AND FULLY UNDERSTAND THE RISKS, COSTS, AND BENEFITS OF PURCHASING TIAMOND TOKENS. IF YOU ARE IN ANY DOUBT AS TO THE NATURE OF THIS TOKEN OFFERING, THE RISKS INVOLVED OR THE ACTION YOU SHOULD TAKE, YOU SHOULD CONSULT YOUR ADVISORS. IF YOU HAVE NOT READ OR DO NOT AGREE WITH THE TERMS STATED IN THIS DOCUMENT, DO NOT PURCHASE TIAMOND NFTs or TIAMOND TIA TOKENS.
General Token Information can be accessed online at https://www.LCX.com/token-information-tiamonds-token/
Tiamonds official white paper can be accessed here: https://Tiamonds.com
In case questions arise regarding these Terms respectively the Token Offering in general, feel free to contact the Token Issuer anytime by E-Mail at: [email protected]
Potential purchase Tiamond NFTs or Tiamond TIA Token should be conducted by individuals or legal entities that have a profound experience with, and understanding of the usage and intricacies of distributed ledger technology, blockchain-based software systems and applications, including and in particular the Ethereum-Blockchain and -tokens.
Even though LCX AG will do its best to assist its customers where it will be necessary and asked for, it is not liable for any losses of tokens due to actions exclusively performed by the Token Recipient. It is therefore up to the sole discretion of the Token Recipients to assess their capability to be able to perform all steps necessary to receive the Tiamond Tokens. By accepting these Terms, the Token Recipient acknowledges to satisfy the aforementioned requirements.
As further described herein and permitted by domestic Liechtenstein law, by participation in the Tiamond Token Offering via Auctions or by purchasing the Tiamond Tokens, the Token Recipient agrees to not hold the Token Issuer or its respective past, present, and future employees, officers, directors, contractors, consultants and/or equity holders liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected to the Token Offering.
Table of Content
Considering the recitals above, the Parties agree as follows:
These Terms become effective by the time the Token Recipient checks the respective boxes concerning the acceptance of these Terms and by clicking the ‘Submit’ button on the application page at https://tiamonds.com/. Alternatively, these Terms become effective by the Token Recipient initially bidding in the Auction for Tiamond Tokens. In the case of the latter, the Token Recipient accepts these Terms conclusively only by attending the Auction.
LCX AG has published profound information on itself, on the Tiamond and TIA Tokens on https://LCX.com and https://tiamonds.com/.
In addition to that, a white paper concerning both Tokens is publicly available at https://tiamonds.com/Tiamonds_White_Paper.pdf.
This document contains relevant terms and conditions that govern the purchase and redemption of Tiamond Tokens. The Tiamond NFTs are unique ERC-721 tokens programmed using smart contract systems and compatible with the Ethereum blockchain.
Issuer of the Tiamond Tokens is LCX AG, a Liechtenstein registered company by shares that holds all relevant registrations required by Liechtenstein law, particularly the Liechtenstein act on Tokens and Trustworthy Technologies (hereinafter the ‘Liechtenstein Blockchain Act‘ or ‘TVTG‘).
LCX AG’s platform and cryptocurrency exchange is powered by its native LCX Token. It is an exchange-based utility token that grants all users a reduction of trading fees at LCX’s compliant digital asset exchange and provides further benefits.
By registration and participation in this Token Offering, the Token Recipient warrants to provide accurate, current and complete information about his identity, residence, source of funds and further information that is or might become relevant. The Token Issuer may demand additional information during the course of the Token Recipients ownership of Tiamond Tokens.
In order to validate the information provided by the Token Recipient, LCX AG may submit inquiries including but not limited to commercial databases, population registers or other data provided by governmental agencies or accredited data vendors.
Any data provided by the Token Recipient during or as part of the Token Offering will be processed and stored in accordance with the applicable Liechtenstein data protection laws. Any personal data will not be processed in a way that is incompatible with these laws. The provisions of Article 30 of the Data Protection Act and Article 15 General Data Protection Regulation (‘GDPR‘) apply to the right to information.
Please refer to LCX AG’s Privacy Policy for further details (https://www.lcx.com/privacy-policy/).
Tiamond NFTs are unique, non-fungible tokens as described in the white paper. Each token represents ownership rights to a certain physical diamond safely stored in vaults with the highest security level 10 within the Principality of Liechtenstein. Tiamond Tokens do not have features of any financial instrument pursuant to the provisions of MiFID II or European Union Directive 2015/2366 and thus cannot be qualified as such.
Tiamond NFTs are redeemable. Upon the Token Holders instruction and transfer of the NFT, he will obtain the corresponding physical diamond. Costs related to the transfer of the token are to be borne by the Token Recipient. Procedure and eligibility of the redemption will take place pursuant to section ‘X’ of the terms.
All Tiamond NFTs are generated and issued by LCX AG. Each token will be sold for a certain amount of LCX Tokens.
Project Tiamond aims to tokenize real, physical diamonds and create a unique NFT for precious stones. It follows a ‘Own to Earn model’ which entails the Token Holder of an NFT to receive one million TIA tokens in total. Each Token Holder of Tiamond NFTs will be granted one TIA Token for every minute of ownership. In total, each Tiamond NFT grants its Token Holder with one million TIA Tokens. The TIA tokens will not feature any utility at all besides the eligibility to vote through the Tiamonds governance platform.
TIA Tokens is a community first and fair launched DeFi Token. TIA Tokens are deflationary cryptocurrency, as the supply decreases with time. TIA Tokens integrate three simple functions: Reflection, Rebalancing and Burn. In every on-chain transaction a fee of 10% total is automatically taken and is split three ways:
In the first generation of Tiamond NFTs, a total 100 Million TIA Tokens will be distributed via the ‘Own to Earn Model’ to 100 Tiamond NFT owners over 1 Million Minutes.
The TIA Token is enabling community first approach and a vibrant, diverse, and dedicated governance system, which will actively guide the Tiamonds project towards the future.
Tiamonds is embracing a community driven governance framework. Governance contribution and voting will focus on aspects for future tokenization and Tiamond releases to expand and develop the broader LCX ecosystem. TIA Tokens can be staked at LCX’s platform. Staked TIA Tokens can be delegated and used to vote through the Tiamonds governance platform. The governance system will allow the submission of votes to key decisions that govern Tiamonds project.
Key decision which will be decided via the governance system are for example:
Owners of Tiamond NFTs can claim their TIA Tokens directly from LCX at a dedicated Tiamonds platform provided by LCX at https://Tiamonds.com. The TIA Tokens will be granted to the Tiamond NFT automatically. Claiming TIA Tokens can be only done by the NFT owner, it is an on-chain transaction and standard gas fees will apply. The owner of the Tiamonds NFT may claim TIA Tokens as often as he/she wants, but will need to cover the Ethereum gas fees. If the Tiamonds NFT will be transferred to another wallet or owner, the new owner will be able claim all unclaimed TIA Tokens.
Tiamond NFTs are offered at Tiamonds.com for sale in auctions and fixed price sales.
Tiamonds TIA Token are not offered in a public token sale. The Tiamonds TIA Token are distributed in accordance with the ‘Own to Earn Model’ for Tiamonds NFTs holders. Tiamond TIA Token may be also purchased on secondary markets and trading venues.
The initial release (‘drop’) of Tiamond NFTs will include 100 Tiamonds exclusively sold through Tiamonds.com, of which 50 will be offered for sale at a fixed price and 50 will be offered for auction. In the first drop of Tiamond NFTs, there will be 100 individual Tiamond NFTs. Each token will be a unique Ethereum based ERC-721 token. LCX may distribute additional tokens in the future in accordance with the white paper and the community governance decisions.
The first auctions and fixed price sales will start on the 22nd of February 2022.
Also known as an English auction, the Tiamond NFTs will be sold to the highest bidder.
Within all auctions, attendees will purchase Tiamond NFTs using LCX tokens exclusively. Each Tiamond token will have a starting price of 1.000 LCX tokens (‘opening bid’) while each bid will increase the starting price by another 1.000 LCX token.
The bidding process is managed on a fully decentralized platform at Tiamonds.com. All bids are on-chain transactions where the amount of tokens for the bid will be blocked on-chain during the auction bidding process and then used to execute the purchase if this was the winning bid.
Important Note: Any bids made in the last 10 minutes of an auction will extend each auction by 10 more minutes. Popular auctions are often extended by new bids offered in the last 10 minutes.
This continues until no one is willing to increase the bid any further, at which point the auction is closed and the final bidder receives the item at his bid price.
All purchases of Tiamond NFTs within the auctions are final. Respective purchases are non-refundable. By winning the auction, the winner acknowledges that the Token Issuer is not required to provide a refund for any reason besides the ones stated by Liechtenstein law. The proceeds from this Token Offering via Auction will be used in accordance with these Terms and the white paper.
Tiamond NFTs also offer a fixed price on Tiamonds.com. The fixed price sale consists of two steps:
Each Tiamond NFTs fixed price sale shows these two parameters on the platform. Depending on the rarity of the Tiamond NFT the amount which needs to be staked to access the fixed price sale and the purchase price varies.
The Tiamond NFTs offered for fixed price sale are sold on a first-come, first serve basis. The fixed price sale including the staking process is managed on a fully decentralized platform at Tiamonds.com. All sales are on-chain transactions where the amount of tokens for the bid will be on-chain for the auction purchase.
All purchases of Tiamond NFTs within the fixed price sale are final. Respective purchases are non-refundable. The buyer acknowledges that the Token Issuer is not required to provide a refund for any reason besides the ones stated by Liechtenstein law. The proceeds from this Token Offering via Auction will be used in accordance with these Terms and the white paper.
Only verified users are eligible to participate in the sale and auction.
In order to participate in the auctions the Token Recipient must comply with the following requirements:
Generally, every person complying with the list mentioned above is eligible to participate in the auctions and purchase Tiamond Tokens.
However, if any person features criteria mentioned below, he will be excluded from participation:
The participation process looks as follows:
The participation process may be amended pursuant to these Terms upon obtained experience from previously conducted auctions due to for instance network congestion or other technical challenges.
The Token Issuer will not sell any Tokens where potential buyers are citizens or residents of restricted jurisdictions as determined by the Token Issuer. The following Jurisdictions are defined as prohibited countries according to Issuers AML framework in general:
Afghanistan, Angola, Bahamas, Barbados, Bangladesh, Bosnia and Herzegovina, Botswana, Burkina Faso, BVI, Cambodia, Cayman Islands, China, Colombia, Cook Islands, Crimea Region, Cuba, Ecuador, Eritrea, Ethiopia, Ghana, Guyana, Iran, Iraq, Jamaica, Kenya, Kosovo, Laos, Lebanon, Libya, Mauritius, Montserrat, Morocco, Myanmar (Burma), Nauru, Nicaragua, North Korea, Pakistan, Palestinian Territory and Gaza Strip, Panama, Papua New Guinea, Samoa, Sao Tome and Principe, Senegal, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tonga, Trinidad and Tobago, Tunisia, Uganda, Vanuatu, Venezuela, Yemen, and Zimbabwe.
The Token Issuer has the right to amend the lists of non-restricted countries at any time and at its sole discretion. Depending on the Token Recipient’s country of residence, the legal assessment of the Tiamond Token may be changed fundamentally upon respective amendments of domestic legislation. It is up to the Token Holder to keep track of such changes. The Token Issuer is not liable for any changes in the legal assessment of the Token arising from any developments in domestic legislations within the countries of the above-mentioned list.
The Token Recipient shall not participate in the Token Offering if there are applicable legal restrictions in his country of residence or domicile. It is his/her sole responsibility to ensure that the participation in the Token Offering is not prohibited under the applicable legal restrictions in his country of residence or domicile.
Token Holders may redeem the Tiamond Tokens and receive the corresponding physical diamond.
In order for the successful redemption, the token recipient must complete the following process (hereinafter the ‘Redemption Process‘):
The Token Issuer may not be held liable for any interference occurred during the mailing process.
The Token Recipient acknowledges and agrees that, to the fullest extent permitted by Liechtenstein law, the disclaimers of liability contained herein apply to all damages or injury whatsoever caused by or related to:
LCX AG cannot be held liable for any misinformation provided by the Token Recipient. In particular, the Token Issuer may not be held liable for any loss of Tiamond NFTs due to:
The Token Issuer’s aggregate liability in tort, contract or otherwise, arising out of or in connection with the use, receipt or holding of Tiamond Tokens is limited to the amount paid by the Token Holder for the receipt of the Token.
By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless LCX, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “LCX Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify LCX of any Claims and cooperate with the LCX Parties in defending such Claims. You further agree that the LCX Parties shall have control of the defense or settlement of any Claims.
In any of the cases set forth in these terms, Token purchase price refunds are foreclosed. All cases under this part of the Terms constitute circumstances that are due to the fault of the Token Recipient. The Token Recipient must ensure that it has the necessary assets and provides the Token Issuer with the correct information. In cases where he does not do so, it is fair to exclude such reimbursement of the purchase price.
These Terms constitute the entire agreement between the Token Recipient and the Token Issuer relating to the purchase and sale of Tiamond Tokens. It governs the Terms and Conditions of the Token Auctions and the Token Sale of Tiamond Tokens. This agreement replaces all formerly closed agreements (disregarding of orally or written) relating to the Tiamond Token Offering and the respective Auctions.
The failure of the Token Issuer to enforce or to exercise any rights or claims under these Terms shall not be construed as a waiver of such rights. The Token Issuer’s express waiver of any rights or claims under these Terms shall not be deemed to be a waiver of any future obligation to comply with such provisions unless such waiver was expressly stated by the Token Issuer. Additionally, any such waiver, representations, statements, consents or other acts (may they be orally or in written) shall have the effect of a modification of these Terms.
The Token Recipient represents and warrants to the Token Issuer that:
These Terms are exclusively in force between the Token Issuer and the Token Recipient. Any assignment or transfer of rights, claims or obligations pursuant to these Terms in violation of this section shall be deemed to be void. The Token Issuer may transfer and/or assign rights, claims, obligations or others to an affiliated entity at any time at its sole discretion without the prior consent of the Token Holder. If any transfers take place in violation of this section, they shall neither have any effect or impose any obligation vis-à-vis the Parties to these Terms.
The Token Issuer reserves its right to amend these Terms anytime and in its sole discretion to the extent necessary to comply with applicable domestic or European Union law or regulations. Such amendments will be disclosed to all Token Holders through publication on the Token Issuer’s website. By the time of publication, each Token Recipient will have the possibility to deny the application of the amendments to these Terms within the course of 10 days. If no objection was brought to the Token Issuer, such amendments will be deemed to be accepted by the Token Holders. The amendment’s effect will turn into force on the 11th day following its publication. Other than that, changes to these Terms may merely be conducted by particular written consent of both parties.
LCX AG’s intellectual property includes inventions, ideas, concepts, software-codes by any means (written as well as electronic) as well as the software involved in general, information and data whether or not patentable, copyrightable or protectable in trademark and any trademarks, copyright or patents based thereon. You may not use any of the above-mentioned Token Issuer’s intellectual property for any reason without its prior written consent.
In case a Liechtenstein court finds these Terms respectively a portion thereof invalid, unenforceable or illegal, the Terms remain in force merely to the extent of such determination of invalidity, unenforceability or illegality without affecting the validity, enforceability and legality of the other part. The remaining part of these Terms shall continue to be in full force and effect. In case of a request of the Token Issuer, such invalid, unenforceable and/or illegal provisions shall be construed by the court in a way that most closely reflects the effect and intent of its original wording.
These Terms shall be governed by, and construed in accordance with the laws of Liechtenstein. The Parties exclude the application of any international treaty or convention. The place of jurisdiction for all disputes arising out of or in connection with the public offering pursuant to this document shall be the jurisdiction of the Liechtenstein courts.
LCX AG is a company founded in 2018 and registered in Liechtenstein No. FL-0002.580.678-2. LCX AG is regulated by the Financial Market Authority of Liechtenstein under the registration No. 288159 as a trusted technology service provider.
