NOTICE AND DISCLAIMER2018-10-08T02:50:07+00:00

NOTICE AND DISCLAIMER

PLEASE READ THE ENTIRETY OF THIS “NOTICE AND DISCLAIMER” SECTION CAREFULLY. NOTHING HEREIN CONSTITUTES LEGAL, FINANCIAL, BUSINESS OR TAX ADVICE AND YOU SHOULD CONSULT YOUR OWN LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVISOR(S) BEFORE ENGAGING IN ANY ACTIVITY IN CONNECTION HEREWITH. NEITHER HYPERION FOUNDATION LTD. (THE FOUNDATION), ANY OF THE PROJECT TEAM MEMBERS (THE HYPERION TEAM) WHO HAVE WORKED ON THE HYPERION ECOSYSTEM (AS DEFINED HEREIN) OR PROJECT TO DEVELOP THE HYPERION ECOSYSTEM IN ANY WAY WHATSOEVER, ANY DISTRIBUTOR/VENDOR OF HYN TOKENS (THE DISTRIBUTOR), NOR ANY SERVICE PROVIDER SHALL BE LIABLE FOR ANY KIND OF DIRECT OR INDIRECT DAMAGE OR LOSS WHATSOEVER WHICH YOU MAY SUFFER IN CONNECTION WITH ACCESSING THIS WHITEPAPER, THE WEBSITE AT HTTPS://WWW.HYN.SPACE (THE WEBSITE) OR ANY OTHER WEBSITES OR MATERIALS PUBLISHED BY THE FOUNDATION.

The Whitepaper and the Website are intended for general informational purposes only and does not constitute a prospectus, an offer document, an offer of securities, a solicitation for investment, or any offer to sell any product, item or asset (whether digital or otherwise). The information herein may not be exhaustive and does not imply any element of a contractual relationship. There is no assurance as to the accuracy or completeness of such information and no representation, warranty or undertaking is or purported to be provided as to the accuracy or completeness of such information. Where the Whitepaper or the Website includes information that has been obtained from third party sources, the Foundation, the Distributor, and/or the Hyperion team have not independently verified the accuracy or completion of such information. Further, you acknowledge that circumstances may change and that the Whitepaper or the Website may become outdated as a result; and neither the Foundation nor the Distributor is under any obligation to update or correct this document in connection therewith.

Nothing in the Whitepaper or the Website constitutes any offer by the Foundation, the Distributor or the Hyperion team to sell any HYN (as defined herein) nor shall it or any part of it nor the fact of its presentation form the basis of, or be relied upon in connection with, any contract or investment decision. Nothing contained in the Whitepaper or the Website is or may be relied upon as a promise, representation or undertaking as to the future

Draft for open community review and subject to change.

performance of the Hyperion Ecosystem. The agreement between the Distributor and you, in relation to any sale and purchase of HYN is to be governed by only the separate terms and conditions of such agreement.

By accessing the Whitepaper or the Website (or any part thereof), you represent and warrant to the Foundation, the Distributor, its affiliates, and the Hyperion team as follows:

  • (a)  inanydecisiontopurchaseanyHYN,youhavenotreliedonanystatementsetoutinthe Whitepaper or the Website;
  • (b)  you will and shall at your own expense ensure compliance with all laws, regulatory requirements and restrictions applicable to you (as the case may be);
  • (c)  you acknowledge, understand and agree that HYN may have no value, there is no guarantee or representation of value or liquidity for HYN, and HYN is not for speculative investment;
  • (d)  none of the Foundation, the Distributor, its affiliates, and/or the Hyperion team members shall be responsible for or liable for the value of HYN, the transferability and/or liquidity of HYN and/or the availability of any market for HYN through third parties or otherwise; and
  • (e)  you acknowledge, understand and agree that you are not eligible to purchase any HYN if you are a citizen, national, resident (tax or otherwise), domiciliary and/or green card holder of a geographic area or country (i) where it is likely that the sale of HYN would be construed as the sale of a security (howsoever named), financial service or investment product and/or (ii) where participation in token sales is prohibited by applicable law, decree, regulation, treaty, or administrative act (including without limitation the United States of America, Canada, New Zealand, People’s Republic of China (but not including the special administrative regions of Hong Kong and Macau, and the territory of Taiwan), the Republic of Korea and the Socialist Republic of Vietnam).

The Foundation, the Distributor and the Hyperion team do not and do not purport to make, and hereby disclaims, all representations, warranties or undertaking to any entity or person (including without limitation warranties as to the accuracy, completeness, timeliness or

reliability of the contents of the Whitepaper or the Website, or any other materials published by the Foundation or the Distributor). To the maximum extent permitted by law, the Foundation, the Distributor, their affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including, without limitation, any liability arising from default or negligence on the part of any of them, or any loss of revenue, income or profits, and loss of use or data) arising from the use of the Whitepaper or the Website, or any other materials published, or its contents (including without limitation any errors or omissions) or otherwise arising in connection with the same. Prospective purchasers of HYN should carefully consider and evaluate all risks and uncertainties (including financial and legal risks and uncertainties) associated with the HYN token sale, the Foundation, the Distributor and the Hyperion team.

All contributions will be applied towards the advancing, promoting the research, design and development of, and advocacy for the incorporation of blockchain technologies to ensure that online maps continue to remain pervasive, accurate and privacy‐preserved, with the goal to finally solve the systemic issues of incomplete, inaccurate and outdated map data, limited transparency, poor privacy and ownership. The Foundation, the Distributor and their various affiliates would develop, manage and operate the Hyperion Ecosystem.

The information set out in the Whitepaper and the Website is for community discussion only and is not legally binding. No person is bound to enter into any contract or binding legal commitment in relation to the acquisition of HYN, and no virtual currency or other form of payment is to be accepted on the basis of the Whitepaper or the Website. The agreement for sale and purchase of HYN and/or continued holding of HYN shall be governed by a separate set of Terms and Conditions or Token Purchase Agreement (as the case may be) setting out the terms of such purchase and/or continued holding of HYN (the Terms and Conditions), which shall be separately provided to you or made available on the Website. In the event of any inconsistencies between the Terms and Conditions and the Whitepaper or the Website, the Terms and Conditions shall prevail.

No regulatory authority has examined or approved of any of the information set out in the Whitepaper or the Website. No such action has been or will be taken under the laws, regulatory requirements or rules of any jurisdiction. The publication, distribution or

dissemination of the Whitepaper or the Website does not imply that the applicable laws, regulatory requirements or rules have been complied with.

The information set out herein is only conceptual, and describes the future development goals for the Hyperion Ecosystem to be developed. The Whitepaper or the Website may be amended or replaced from time to time. There are no obligations to update the Whitepaper or the Website, or to provide recipients with access to any information beyond what is provided herein.

All statements contained herein, statements made in press releases or in any place accessible by the public and oral statements that may be made by the Foundation, the Distributor and/or the Hyperion team may constitute forward‐looking statements (including statements regarding intent, belief or current expectations with respect to market conditions, business strategy and plans, financial condition, specific provisions and risk management practices). You are cautioned not to place undue reliance on these forward‐looking statements given that these statements involve known and unknown risks, uncertainties and other factors that may cause the actual future results to be materially different from that described by such forward‐looking statements, and no independent third party has reviewed the reasonableness of any such statements or assumptions. These forward‐looking statements are applicable only as of the date indicted in the Whitepaper, and the Foundation, the Distributor as well as the Hyperion team expressly disclaims any responsibility (whether express or implied) to release any revisions to these forward‐looking statements to reflect events after such date.

The use of any company and/or platform names or trademarks herein (save for those which relate to the Foundation, the Distributor or its affiliates) does not imply any affiliation with, or endorsement by, any third party. References in the Whitepaper or the Website to specific companies and platforms are for illustrative purposes only.

The Whitepaper and the Website may be translated into a language other than English and in the event of conflict or ambiguity between the English language version and translated versions of the Whitepaper or the Website, the English language versions shall prevail. You

acknowledge that you have read and understood the English language version of the Whitepaper and the Website.

No part of the Whitepaper or the Website is to be copied, reproduced, distributed or disseminated in any way without the prior written consent of the Foundation or the Distributor.