TERMS OF USE OF THE SERVICE
Last updated: 26.12.2024
THIS AGREEMENT GOVERN YOUR RELATIONSHIP WITH LANCELOT DEVELOPMENT LTD., A COMPANY REGISTERED IN ACCORDANCE WITH LEGISLATION OF ST. VINCENT AND THE GRENADINES WITH ITS REGISTERED OFFICE AT SUITE 305, GRIFFITH CORPORATE CENTRE, KINGSTOWN, ST. VINCENT & THE GRENADINES (HEREINAFTER REFERRED AS “COMPANY”) AND USE OF COMPANY’S SERVICES (AS SUCH TERM DEFINED BELOW) AVAILABLE ON HTTPS://MDAOMAKER.COM (“WEBSITE”) AND THROUGH TELEGRAM BOT ZAVOD WALLET HTTPS://T.ME/MDAOWALLETBOT (“BOT”) WITH ALL INCLUDED MINI APPS JOINTLY REFERRED TO AS SERVICE. YOU MAY USE THIS SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE SINCE USING THIS SERVICE YOU ACCEPT IT. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS SERVICE.
GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT
The Company provides this Service including all information, graphics, documents, text, products and all other elements of the Service and all products and services offered on this Service and services operated through the Service (“Opportunities”), available for Your use subject to the terms and conditions set forth in this document and any additional documents available at the Service, the terms and conditions of certain parts of the Service, which supplement these Terms, as well as instructions, the latest versions of which are always available at: https://docs.daomars.com/. By accessing and using this Service, use of any Opportunities provided to You by the Company through this Service or clicking a checkmark at the “I agree with the Terms of Use” button, clicking “Next” and/or “Start” button You agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth in this Service and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Use, You should NOT use the Service. If You do not agree to any additional specific terms or to particular transactions concluded through this Service, then You should NOT use the part of the Service, which contains such Content or through which such transactions may be concluded and You should not use such Content or conclude such transactions.
Some Opportunities are provided through third-party services. Please read the terms of use of the services and privacy policy before using the Service.
The Company can block access or restrict certain features of the Service for the User in relation to User’s place of residence or citizenship, or due to lack of certain KYC documents.
ENTIRE AGREEMENT
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Opportunities. These Terms do not alter the terms or conditions of any other electronic or written agreement You may have with the Company for the use of Opportunities or for any other Company's product or service or otherwise. In the event of any conflict between these Terms and any other agreement You may have with the Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
AMENDMENTS
These Terms of Use may be amended by the Company upon notice given by one or more of the following means: through the Service at or after You login to Your Account, by the email communication to the address provided by You when You setup Your Account, or by written mail communication to the address on record for Your Account. Failure to provide or maintain accurate or current contact information by You will not release You from responsibility to comply with these Terms of Use as amended from time to time. Please check the Terms of Use published on the Website regularly to ensure that You are aware of all terms governing Your use of this Service. In addition, specific terms and conditions may apply to specific content, products, materials, Opportunities or information contained on or available through this Service (the “Content”) or transactions concluded through this Service. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.
DEFINITIONS
The following definitions and rules of interpretation apply in this Agreement:
«Account»
A set of protected pages created as a result of the User registration on the Service, using which the User can open a virtual wallet, purchase MDAO Tokens, use MDAO Tokens to get access to certain Opportunities.
«Agreement» or «Terms of Use»
The present Agreement between You (User) and the Company.
«Bot»
Has the meaning specified in the Preamble.
«Company»
Lancelot Development Ltd., a company registered in accordance with legislation of St. Vincent and the Grenadines with its registered office at Suite 305, Griffith Corporate Centre, Kingstown, St. Vincent & the Grenadines.
«Cryptocurrency» or «virtual currency»
Digital cryptographic representation of assets, represented by Ethereum (ETH), Bitcoin (BTC) and any other type of cryptocurrency.
«Initial Wallet Offering event» or “IWO”
A promotional event organized jointly by the Company and any of Projects to provide a User with a right to purchase such Project`s token.
«KYC/AML Policy»
Program on prevention of laundering of money derived from criminal activity and financing of terrorism, which constitutes an essential part of the Agreement which text is available at Service.
«MDAO Tokens»
A digital representation of Users rights to obtain certain Opportunities through the Service in accordance with applicable agreement related relation between the User and the Company.
«Opportunities»
Services provided by the Company to You, included but not limited:
Provision of information about Projects available in the Service.
Storing of cryptocurrency.
Participation in Initial Wallet Offerings events.
AML checks;
Play & Earn;
Issue of virtual cards;
Other services available in the Service.
«Parties»
You (User) and the Company (We).
«Politically exposed person» or «PEP»
Foreign PEPs: individuals who are or have been entrusted with prominent public functions by a foreign country, for example Heads of state or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
Domestic PEPs: individuals who are or have been entrusted domestically with prominent public functions, for example Heads of State or Heads of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, important political party officials.
«Privacy Policy»
Rules of collection, storage, distribution and protection of personal data that the Company gets from the Users and that is an essential part of the Agreement which text is available at Service.
«Project»
A natural person, a company or other legal entity or the DAO that operates their own blockchain-based project (platform, website, ecosystem and etc.) and issues their own Project`s Token.
«Project`s Token»
A digital representation of Users rights to obtain any kind of consideration specified by the Project. The Company has no liability for the quality of the Project`s Token or Project itself.
«Service»
The Website, the Bot and mini-apps included in Bot.
«Virtual wallet»
A virtual wallet that can be opened in Account in order to purchase and use MDAO Tokens, Project`s Tokens or use Opportunities.
«User»
An individual сapable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Service and has accepted the terms and conditions of the present Agreement with the Company. The Company reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain Users.
«User Account Data»
Personal Data necessary to access and use the Service. The list of collected personal data is available in Privacy Policy.
«Website»
Has the meaning specified in the Preamble.
«Mini Apps»
ZAVOD Wallet, ZAVOD and other Mini Apps included in Bot.
In this Agreement unless the opposite is clear from the context the following rules of interpretation apply.
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns;
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term 'including' does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
i) A reference to writing or written includes fax and e-mail;
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of England and Wales and to the general rules of interpretation of such terms accepted in the Internet network.
RISKS NOTIFICATIONS
User acknowledges that there are risks associated with using of the Service, purchasing of MDAO Tokens and obtaining and holding Project`s Tokens including, but not limited to, the failure of hardware, software, and Internet connections. User acknowledges that Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Service howsoever caused.
Funds may be held by the User in his digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private keys associated with such the User`s digital wallet or vault storing the funds will result in loss of such funds, access to User`s Cryptocurrency balance, and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private keys, including by gaining access to login credentials of a hosted wallet or vault service the User uses, may be able to misappropriate the funds of the User.
Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Ethereum network and associated blockchain networks and different Cryptocurrencies could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions on the use or possession of any Cryptocurrency, which could impede or limit their existence, permissibility of their use and possession, and their value.
The Company has no control over the Project and/or Project`s Tokens available in the Services. The User acknowledges and agrees that the Company shall not be liable to User for any failure of the Project or unavailability to use Project`s Token. The User solely responsible for assessment of his/her/its risks related to participation in different IWO available in the Service.
There may be additional risks that we have not foreseen or identified in our Terms of Use or in terms and conditions regarding certain Tokens available at the Service.
ELIGIBLE USERS
The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a. You shall not create an account in connection with the Service (an “Account”), or access the Service if You are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Service;
b. You shall not use the Service and/or Services if You are a PEP or any member of a PEP’s family or any close associate of a PEP, unless the Company, after being specifically notified in writing that the User is such a person, conducts further due diligence, and determines that You are eligible for use of the Service and/or Opportunities;
c. You shall monitor Your Account to restrict use by minors, and You shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Service by minors in connection with Your Account. You are solely responsible for any use of Your cryptocurrency wallet or other payment instrument by minors;
d. You shall not create an Account if You have already created one Account on the Service;
e. You shall not have an Account or use Opportunities if You have previously been removed by the Company from the Service;
f. You shall not use Service if You or a person on which behalf You are acting are citizen or resident of: Afghanistan, Australia, Bolivia, Canada, Cayman Islands, Egypt, Iran, Iraq, Japan, Korea DPR, Korea Republic, Malta, Pakistan, Saudi Arabia, Singapore, Switzerland, United Kingdom, United States and dependent territories, and countries or territories or individuals under the sanctions of the United Nations or the European Union or countries where cryptocurrency is prohibited;
g. If You act as an employee or agent of a legal entity, and enter into these Terms on their behalf, You represent and warrant that You have all the necessary rights and authorizations to bind such legal entity;
h. You shall not use Your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
i. You shall not use Your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she/they will not use the Service to assist any other party in such illegal activity; and You shall not use Your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Service’s or the platforms underlying code or technical mechanisms; cause damage to the Service or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Service.
j. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account to anyone without the Company’s written permission;
k. You shall not access or use an Account that has been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without Company’s consent.
l. Notwithstanding the foregoing, the Company may refuse to provide Service or Services to any person for any reason or no reason whatsoever.
USER ACCOUNT
The use of the Service may require You to create an Account (“Account”) in the Service. You warrant and represent that all information provided when creating such an Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
The Company opens virtual currency wallets in the Account only after completion of «Know Your Customer» identification procedure under the rules applicable in KYC/AML Policy. After registration, You must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information You provided is incorrect, false, outdated or incomplete, the Company reserves the right to send You a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of the Service or services We provide for You. If We are unable to reach You with the contact information You provided, You shall be fully liable for any loss or expense caused to the Company during Your use of the Service. You hereby acknowledge and agree that You have the obligation to update all the information if there is any change. By registering an account, You hereby authorize the Company to conduct investigations that the Company considers necessary, either directly or through a third party, to verify Your identity or protect You, other Users and/or the Company from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that Your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
The Company considers the application for opening a virtual wallet and supporting documents and information, and makes a decision within a time frame that the Company at its absolute decision sets forth in every particular case.
The Company may reject opening a virtual wallet for the User's Account. The Company shall not be obliged to provide reasons for the rejection. The Company informs a prospective User that its application for virtual wallet opening was rejected. The Company may require User to pass additional AML/KYC verifications to use certain features of the Service.
The Company may close a dormant Account at any time with or without notifying User in case if there was no possible means to contact User.
18.1. The User understands and agrees that unless otherwise is stated in a relevant legal document, the User solely responsible for paying any gas commissions of Ethereum blockchain related to depositing or withdrawal of cryptocurrency to/from the wallet in the Account and/or purchase/sale of the MDAO Token or obtaining Project`s Token. The User understands that the actual amount of funds received by the Company after reduction of the gas commission may be less than sent by the User. The Company shall provide the User with such number of tokens rounded down to nearest whole number proportional to amount of funds actually received by the Company.
ACCOUNT CLOSING
Unless stated otherwise by the applicable law, either the Company or User may initiate the closing of Account at any time, without explaining reasons for it.
Account shall be closed within 5 (five) business days following the receipt of a relevant User’s notification. In case the Company has allegations that User infringes this Terms of Use, the Account shall be closed within 2 (two) calendar days.
Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by the Company and if User still owes any money to the Company, Agreement shall continue to apply to User until the Company has received and acknowledged receipt of all monies due and payable to the Company.
The Company is entitled to close Account unilaterally in the following cases:
a) User has failed to comply with Terms of Use and/or fulfill its obligations before the Company;
b) User has submitted incorrect and/or false and/or misleading information/documents to the Company;
c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by the Company at its absolute discretion and Account balance is zero and no MDAO or Project`s Tokens were stored in the Account;
d) Signatory right of User’s representative has expired;
e) The Company receives information of User’s negative reputation or User shows disrespect to the Company.
f) The Company suspects that User or funds available on Account are related to the laundering of funds derived from criminal activities or terrorism, or funds available on Account are unlawful or operations are made in benefit of PEP.
Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically.
DISCLAIMERS OF WARRANTIES
No communication or information provided to You by the Company is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Before making the decision to buy, sell or hold any MDAO Token or Project`s Tokens or using Mini-apps, You should conduct Your own due diligence and consult Your financial advisors before making any investment decision. The Company will not be held responsible for the decisions You make to buy, sell, or hold Project`s Tokens based on the information provided by the Company.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICE AND/OR OPPORTUNITIES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain users.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICE OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to certain users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT OF 1 000 (ONE THOUSAND) USD.
The Company shall not be liable for the information about Projects and Project`s Tokens published in the Website. In case of any misrepresentation contained in such information or in case of any infringement of User`s rights by any of the Project, the User shall deal with such Project.
The Company shall not be liable for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all acts that are regarded as Force Majeure in legal practice.
LIMITED RIGHT OF USE
Any use of the Service in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the Service and may subject You to liability for violations of law. ANY ATTEMPT BY You TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPANY`S DIGITAL PRODUCT SUCH THE SERVICE IS A VIOLATION OF COMPANY'S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
You agree that You will not, under any circumstances:
a) Engage in any act that the Company deems in its reasonable discretion to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms of Use, our service rules, MDAO Token or Project`s Token sale rules or any other policies;
b) Make improper use of the Service, including, without limitation, by submitting false personal information or using profane and abusive language in Your communications with our personnel; or
c) Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Service;
e) Use the Service in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Service;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service (each a “Server”);
g) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Service, or other attempts to disrupt the Server; or
h) Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by the Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
j) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
k) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Company's employee;
l) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Use;
m) Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by the Company;
n) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by the Company; or
o) Copy, modify or distribute rights or content from the Service, or Company’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Use;
p) Solicit or attempt to solicit personal information from other users of the Service;
q) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
r) Upload or transmit or attempt to upload or transmit, without Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
s) Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy Policy or any other legal document available on the Website, as well as publicly call for violation of these Terms of Use, Privacy Policy and/or any other legal document available on the Website.
t) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.
u) Register and use to access to the Service or Opportunities more than one account. In case if there are reasonable grounds to believe that You have registered or are using more than one Account, the Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with You.
v) Use IP proxying or other methods to disguise the region (country) of Your current location to circumvent geographical restrictions to order any Services or for any other purposes.
LINKING TO THE SERVICE
Linking to the Service is permitted provided that You comply with these rules. You may link to the home page of the Service or to any other page of this Service. However, You are not allowed to use in-line linking or framing. You must not imply that the Company endorses or sponsors the linker of its Service, products or Services. You must not use Company's intellectual property including but not limited to trademarks, trade name, copyright without permission from the Company. Furthermore, You agree to remove the link at any time upon our request.
THIRD PARTY MATERIALS AND LINKS
In order to use this Service, You may need to obtain and/or use certain third-party products (i.e. Device), services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Company’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of this Service. Notwithstanding any provision to the contrary herein, nothing in these Terms of Use shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Third Party Materials may contain third-party links that may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the Third Party Materials or accuracy and we do not warrant and will not have any liability or responsibility for any Third Party Materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
INTELLECTUAL PROPERTY
You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Service are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Service not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service, its products or Opportunities except as expressly authorized herein. Except as otherwise provided, the Content published in this Service may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
The Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
If, at our request, You send certain specific submissions (for example contest entries) or without a request from us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide the Company the written information specified below:
40.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
40.2. A description of the copyrighted work that You claim has been infringed upon;
40.3. A description of where the material that You claim is infringing is located on the Service;
40.4. Your address, telephone number, and e-mail address;
40.5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
40.6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying the Company and its affiliates that Your copyrighted material has been infringed.
APPLICABLE LAW AND DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES You TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH You CAN SEEK RELIEF.
This Agreement shall be governed, construed, and enforced in accordance with the law of England and Wales.
The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the London Court of International Arbitration in London on the basis of written documents (written procedure).
The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.
INDEMNIFICATION
You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.
ASSIGNMENT
The Company may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Company’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by You is void and ineffective.
SEVERABILITY
If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
NOTICES
Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User during the creation of Account. The language of the communication shall be English.
PRIVACY POLICY AND PERSONAL INFORMATION
The Company has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Service.
Despite all the security measures implemented by the Company, the User acknowledges that there are certain risks of the Company being attacked by electronic means in order to obtain the private information and that the Company cannot guarantee full protection.
TERM AND TERMINATION
The term of this Terms of Use (“Term”) shall begin when You start using this Service and/or Services and shall continue in perpetuity unless otherwise terminated by the Company by written notice. The Company expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, You must immediately cease using the Service including without limitation any use of Company’s trademarks, trade names, copyrights and other intellectual property.
WITHOUT LIMITING ANY OTHER REMEDIES, THE COMPANY MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR THE COMPANY REASONABLY SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THIS TERMS OF USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ACCESS TO YouR ACCOUNT AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND THE COMPANY IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICE, AND ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
The Company reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point Your license to use the Service or a part thereof will be automatically terminated or suspended.
Termination of Your Account can include disabling Your access to the Service or any part thereof including any content You submitted or others submitted.
UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
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