Any buyer purchasing the Company’s products or services shall expressly recognize to be perfectly aware of all and/or any technical and market uncertainties which are inherent in any business development project as presented in this White Paper (see below for risk factors) and that this project may therefore never come to fruition or may have to be abandoned, without the MyTV Token being used. In such a case, the buyer shall expressly acknowledge and accept that it will not be entitled to sue or bring any direct or indirect legal action before the courts, the arbitration bodies or any alternative dispute settlement body in France or abroad, against the Company, its directors, shareholders, employees or subcontractors in the event of the non-performance, non-deployment or non-implementation of the project, even in cases where its MyTV Tokens have lost some or all of their value. In addition, the Company shall not be held liable for any of the following:
(I) use of services that are not compliant with the applicable terms;
(II) non-performance, failure, malfunction or unavailability of the services due to a third party, the buyer, a third-party product, or the buyer’s breach of its obligations;
(III) indirect damages such as business loss or disturbance, loss of orders, operating loss, infringement of the trade mark, loss of profits or clients (e.g. improper disclosure of confidential information concerning said clients due to failure or piracy of the MyTVchain platform, third-party proceedings against the client, etc.) and/or any kind of expectation damages;
(IV) loss, disclosure or unlawful or fraudulent use of user sign on by the buyers or third parties;
(V) suspension of access or temporary or permanent suspension of services (in particular, arising from a request issued by an appropriate administrative or judicial authority, or notification received from a third party);
(VI) loss, alteration or destruction of all or part of the content (information, data, applications, files or other items) hosted on the infrastructure, insofar as the Company is not responsible for managing the continuity of buyer’s activities, and data backups in particular;
(VII) mismatch between the services and the buyer’s needs (in particular, with regard to the sensitivity of the relevant data);
(VIII) security incidents relating to use of the Internet, concerning in particular the loss, alteration, destruction, disclosure or unauthorised access to the buyer’s data or details on or via the Internet;
(IX) damages to systems, applications and other items installed by the buyer on the infrastructure.
This White Paper does not constitute an offer and/or an invitation to sell shares, securities or rights belonging to the Company or any related or associated company.
None of the information or analyses in this White Paper is intended to provide a basis for an investment decision, and no specific investment recommendation is made. Accordingly, this White Paper does not constitute investment advice and/or an invitation to invest in any security or financial instrument of any nature whatsoever.
This White Paper does not constitute or form part of, and should not be construed as, an offer for a sale or subscription, or an invitation to buy or subscribe securities or financial instruments. This White Paper, or any of its component parts, does not constitute the basis for, or should not be never used as a basis for, or in connection with, a contract for the sale of securities or financial instruments or a commitment to sell securities or financial instruments of any kind.
The Company hereby expressly disclaims any liability for any direct or indirect loss or damage of any kind including but not limited to any kind of expectation damages arising directly or indirectly from:
(I) any reliance on the information contained in this White Paper;
(II) any error, omission or inaccuracy in said information; or
(III) any resulting action that may be brought.
This White Paper has been constructed in accordance with the applicable EU regulations.
A MyTV Token does not represent and shall not constitute an investment.
in a security or a financial instrument within the meaning of EU Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 relating to markets in financial instruments:
MyTV Token confer no direct or indirect right to the Company’s capital or income, nor does it confer any governance right within the Company;
A MyTV Token is not proof of ownership or a right of control.
Control over a MyTV Token does not grant the controlling individual any asset or share in the Company, or in the MyTVchain platform. A MyTV Token does not grant any right to participate in control over the Company’s management or decision-making set-up, or over MyTVchain platform.
A MyTV Token is not an electronic currency.
within the meaning of EU Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 relating to access to and pursuit of the business of electronic currency institutions: MyTV Tokens are not accepted outside the MyTVchain platform and a MyTV Token do not have a fixed exchange value equal to the amount delivered at the time of their issue. A MyTV Token shall not be therefore regarded as or considered an electronic currency.
A MyTV Token is not a payment service.
within the meaning of EU Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 relating to payment services in the internal market, nor within the meaning of EU Directive N° 2015/2366 of the European Parliament and of the Council of 25 November 2015 relating to payment service 2 (DSP 2): the Token Sale does not involve the purchase and/or sale of MyTV Token and the Company’s business does not consist in receiving currencies against the delivery of MyTV Token; as such, a MyTV Token is not a means of payment either.
A MyTV Token is a cryptographic token used by the MyTVchain PLATFORM.
A MyTV Token is a crypto-asset, i.e. digital asset registered on a blockchain granting their holder specific rights related to the MyTVchain platform which will be developed with the proceeds of the sale of such digital asset.
The Token sale excludes certain groups of people, such as «U.S. person» and consumers. Please refer to the sales restrictions set out in the terms of Tokens sale to be entered into between the company and each purchaser of Tokens (the “Terms of Token Sale”) available at www.mytvchain.io
More generally, Tokens are not intended for sale or use in any jurisdiction where sale or use of digital Tokens may be prohibited. To ensure their eligibility for the purchase of MyTV Tokens, buyers expressly declare that they are not a “U.S. citizen” (within the meaning of “Regulation S” of the Securities Act 1933
under U.S. law), i.e.:
(I) any private individual resident in the United States of America;
(II) any partnership or business organised or established under U.S. law;
(III) any property of which the executor or administrator is a U.S. citizen;
(IV) any trust of which a proxy is an American citizen;
(V) any agency or branch of a foreign entity located in the United States of America;
(VI) any non-discretionary account or similar account (other than a trust or property) held by a trader or other trustee for the benefit of or on behalf of a U.S. citizen;
(VII) any discretionary account or similar account (other than a trust or trust) held by a trader or other trustee, that is organised, established or (if a private individual) resident in the United States of America; and
(VIII) any partnership or company if:
(a) it is organised or established under the law of a foreign jurisdiction; and
(b) it is formed by a U.S. citizen primarily for the purpose of investing in securities not listed under the U.S. Securities Act, unless it is organised or established, and owned, by accredited investors who are not private individuals, trusts or properties.
WARNINGS ON THE RISKS INHERENT TO THE IEO
Risk of loss of access to a MyTV Token due to loss of credentials
Until it is distributed to the buyer, the said buyer’s MyTV Token may be linked to a Company account. You can only access the Company account using the credentials selected by the buyer. The loss of these credentials will result in the loss of the MyTV Tokens. Good practices advise buyers to store their credentials securely in one or more backup locations that are geographically separated from the work location.
Risks Associated with the Ethereum protocol
Both MyTV Tokens and the MyTVchain platform are based on the Ethereum protocol. Therefore, any malfunction, unplanned function or unexpected operation of the Ethereum protocol may cause the MyTVchain platform or MyTV Tokens to malfunction or operate in a way that is not expected. Ether, the native Ethereum Protocol account unit, may itself lose value in a similar way to MyTV Tokens, and also in other ways.
For more information on the Ethereum protocol, see http://www.ethereum.org/
Risks associated with the buyer’s credentials
Any third party that obtains access to the buyer’s credentials or private keys may be able to use the buyer’s MyTV Tokens. To minimise this risk, buyers must protect themselves against people gaining unauthorised access to their electronic devices.
Legal risk and risk of adverse regulatory intervention in one or more jurisdictions DLT technologies have been reviewed by various regulatory bodies around the world, including within the European Union. The Token Sale has been structured to comply with EU law applicable at the time of the offer.
The operation of the MyTVchain platform and of MyTV Tokens may be impacted by the passing of restrictive laws, the publication of restrictive or negative opinions, the issuing of injunctions by national regulators, the initiation of regulatory actions or investigations, including but not limited to restrictions on the use or ownership of digital tokens such as MyTV Tokens, which may prevent or limit development of the MyTVchain platform.
Given the lack of crypto-currency qualifications in most countries, each buyer is strongly advised to carry out a legal and tax analysis concerning the purchase and ownership of MyTV Tokens according to the laws applicable to their nationality and place of residence.
Risk of an alternative, unofficial ecosystem
Following presales and development of the original version of the MyTVchain platform, there is a possibility that alternative platforms may have been established using the same open-source code and open source protocol that underlies the MyTVchain platform. The official MyTVchain platform may find itself in competition with these alternatives, unofficial platforms based on MyTV Tokens, which could potentially adversely impact the MyTVchain platform and MyTV Tokens.
Risk of a lack of interest in the MyTVchain platform or distributed applications
There is a possibility that the MyTVchain platform may not be used by a large number of sports clubs, individuals and other organizations, and that there may be limited public interest in the creation and development of distributed applications. Such possible lack of interest could eventually impact on the development of the MyTVchain platform and, therefore, on the uses or potential value of MyTV Tokens.
Risk that the MyTVchain platform is not developed
The rights associated with MyTV Tokens are exclusively limited, in their scope, to the MyTVchain platform. The value of the MyTV Tokens is therefore heavily correlated with the existence of such MyTVchain platform, which has not yet been implemented. MyTV Tokens may lose part or all of their value if the MyTVchain platform is never fully developed.
Risk that the MyTVchain platform, as developed, does not meet user expectations
The MyTVchain platform is currently under development and may undergo significant redesign prior to its launch. For a number of reasons, not all user expectations concerning the MyTVchain platform or MyTV Tokens’ form and function may be met on the launch date, including changes in design, implementation and execution of the MyTVchain platform.
Risk of theft and piracy
Hackers or other malicious or criminal groups or organizations may attempt to interfere with the MyTVchain platform or the availability of MyTV Tokens in several ways including, but not limited to, denial of service attacks, Sybil attacks, mystification, surfing, malware attacks, or consensus-based attacks.
Risk of security weaknesses in the MyTVchain platform’s core infrastructure software
The MyTVchain platform ‘core software is based on open source software. There is a risk that the Company team, or other third parties, may intentionally or unintentionally introduce weaknesses or bugs into the core infrastructure elements of the MyTVchain platform, by interfering with the use of, or causing loss of, MyTV Tokens.
Risk of weakness or exploitable breakthrough in the field of cryptography
Advances in cryptography, or technical advances such as the development of quantum computers, may present risks for crypto-currencies and the MyTVchain platform, which could result in the theft or loss of MyTV Tokens.
Risk of a MyTV Token mining attack
As with other decentralized cryptographic tokens and crypto-currencies, the blockchain used for the Platform is vulnerable to mining attacks, including but not limited to, dual-expense attacks, powerful mining attacks, selfish mining attacks, and critical competition attacks. Any successful attack poses a risk to the MyTVchain platform, the expected performance and sequencing of the Company’s markets, and the expected performance and sequencing of Ethereum contract calculations. Despite the best efforts of the Company’s team, the risk of known or new mining attacks exists.
Risk of the MyTVchain platform failing to be used or adopted
While MyTV Tokens shall not be considered an investment, their value is bound to change over time. This value may be limited if the MyTVchain platform is not sufficiently used and adopted. In such a case, there could be few or no markets at the MyTVchain platform launch, which would limit the value of MyTV Tokens.
Risk of a tight market for MyTV Token
There are currently no exchanges or trading facilities on which MyTV Tokens can be traded. If such exchanges or trading facilities do develop, they will probably be relatively new and subject to poorly understood regulatory oversight. They may therefore be more vulnerable to fraud and default than the established and regulated exchanges that exist for other products. Should exchanges or trading facilities that represent a substantial part of the MyTV Tokens trading volume be involved in fraud, security failures or other operational problems, the failures of such exchanges or trading facilities may limit the MyTV Tokens value or liquidity.
The purchased MyTV Tokens will be freely transferable (subject to the conditions set out in the Terms of Token Sale, including but not limited to the condition that the transferee is an Eligible Investor (as defined in the Terms of Token Sale)), as no lock-up or vesting period will apply to MyTV Tokens purchased during the Token Sale. However, as of the date of this White Paper, the MyTV Token is not listed on any crypto-assets exchange platforms. As a result, there is no assurance that a secondary market will develop and that the holders will be able to sell their MyTV Tokens.
Risk of an uninsured loss
Unlike bank accounts or accounts in other regulated financial institutions, funds held through the Company or Ethereum network are generally uninsured. At present, there are no public or private insurance agents providing buyers with coverage against a loss of MyTV Tokens or a loss of value.
Risk of winding-up of the Company’s project.
For a number of reasons including, but not limited to, an unfavourable fluctuation in Bitcoin value, an unfavourable fluctuation in MyTV Tokens value, the failure of business relationships or competing intellectual property claims, the Company project may no longer be a viable activity and may be dissolved or simply not launched.
Risk of malfunction in the MyTVchain platform
The MyTVchain platform may be impacted by an adverse malfunction including, but not limited to, a malfunction that results in the loss of MyTV Tokens or market information.
Crypto-currencies and cryptographic tokens are a new and untested technology. In addition to the risks stipulated above, there are other risks that the Company’s team cannot predict. Risks may also arise out of and/or occur as unanticipated combinations or as changes in the risks stipulated herein.
Furthermore, due to regulatory uncertainty at current state, green card holders of the United State of America (USA) or citizens or residents (tax or otherwise) of the USA, or other USA are not eligible to register as platform user and are not to purchase any token.
If you are in any doubt as to the action you should take and the consequences it will involve, please consider consulting your legal, financial, tax or other professional advisor(s) for necessary advice.