“Digital Asset” shall mean Bitcoins and/or any other forms of digital currency and/or cryptocurrencies and/or digital tokens;
“Intellectual property rights” shall mean copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-hows or any other proprietary or industrial rights, whether registered or unregistered;
“Third-Party/Third-Parties” shall mean any other person, entity or corporation who is not a User or a Visitor;
“User” shall mean a person with the legal age of at least 18 years old, is able to form legally binding contracts and which has already registered on the Website. A User is allowed to use all the Services of the Website subject strictly to the terms and conditions herein; and
“Visitor” shall mean a person or entity using the Website without having registered as a User.
The Website aims to describe the Services provided by the Company. Both Visitors and Users have the possibility to discover the team, the projects and the spirit of the Company through several documents. The Website also allows the Company to promote its Services. Therefore, the contents of other websites are accessible via hyperlinks on the Website.
Both Visitors and Users have the possibility to subscribe to our newsletter and/or to contact us if needed.
By browsing the Website, by subscribing to our newsletter and/or by contacting us, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from using the Website.
If you are browsing the Website on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
The Company reserves the right to make any changes to these Terms, at its sole discretion. Your continued use of the Website after any such changes, with or without having explicitly accepted the new Terms, shall constitute your consent to such changes.
If you do not agree to such changes, you have no right to obtain information or access to the Website and must immediately cease use of it. You are responsible for verifying regularly these Terms in their current and in effect version from time to time, an up-to-date version of which may be retrieved at any time on the Website.
5. THE WEBSITE
The Website is provided to you on an “as is” basis, without warranties of any kind, either expressed or implied.
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Website and its content for your personal, non-commercial use, and to display the content of the Website exclusively on your computer screen and/or on other devices (such as smartphones or tablets), subject to your compliance with these Terms and our policies.
All other uses are prohibited without the Company’s prior written consent. Except as otherwise agreed upon, if the Company enables the use of software, content, virtual items or other materials owned or licensed by the Company (hereinafter: the “Software and Content”), the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable and revocable worldwide license to access and use the Software and Content solely for personal and non-commercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by the Company or as permitted under applicable law. Any unauthorised use of the Software and Content is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
If you provide us with any feedback or comments regarding the Website, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.
6. COMPANY’S ROLE
The Website does not constitute and should not be seen as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of the Services contained in it. In particular, the Website is not deemed to provide (and must not be held as such) any advice relating to your decision whether or not to use our Services by becoming a User and must not be considered as providing complete information in relation to such a decision. The Website only aims to promote the Services provided on it and does not provide any financial advice.
Please note that we make no promises or warranties whatsoever of possible gains or returns, in cash or in any other form. You can potentially lose all your contributions. The Company also does not guarantee in any way the success or full execution of its projects.
8. PROHIBITED ACTIONS
You are entitled to use the Website only in conformity with the laws of your country of residence, of the country from which you access this Website and the Laws of the Repulic of Lithuania. You may solely make a legal use of this website and any illegal or inappropriate use of the Website is banned. In particular, you agree to browse the Website lawfully and without any violation of these Terms or any applicable law and agree not to do any of the following actions in connection with your use of the Website:
a) access or use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit anyone from fully enjoying the Website, including, but not limited to, defamatory, harassing, threatening, bigoted, hateful, vulgar, obscene, pornographic, or otherwise offensive behaviour or content;
b) access or use the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other terms or policies provided in connection with the Website;
c) intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
d) damage, disable, overburden or impair the functionality of the Website in any manner;
e) distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, ponzi or pyramid schemes;
f) upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Website or the interests or property of the Visitors or of the Company;
g) export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
h) use any robot, spider, crawler, scraper or other automated means or interface not provided or authorized by us to access the Website or to extract data or information from the Website;
i) commercialize any application, code or any information or software associated with such application and/or the Website without the prior consent of the Company;
j) upload, post, transmit, distribute, store or otherwise make publicly available on the Website any personal data of Users, of Visitors or of any Third-party without the person’s prior explicit consent;
k) harvest or otherwise collect information or data about Visitors or Users without their consent or use automated scripts to collect information from or otherwise interact with the Website;
l) upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Website, or which may expose the Company or its Visitors to any harm or liability of any type;
m) upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence;
n) copy, modify, distribute, sell, or lease any part of the Website;
o) reverse engineer or attempt to extract the source code of the Website;
p) interfere or attempt to disrupt the Website in any way;
q) circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Website, or third parties;
r) infringe upon or violate the rights of the Company, the Visitors, the Users or any Third-party; and/or
s) facilitate or assist another person to do any of the above acts.
9. THE PREVENTION OF MONEY LAUNDERING AND ANTI TERRORIST FINANCING LAWS
The User shall comply with such identification, customer due diligence and other anti-money laundering requirements that the Company may require from time to time and shall strictly comply with the Law on Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania. The User shall further comply with the following prior to conducting any transactions with the Company in excess of Euro One Thousand (€1,000) Only or its equivalent in Virtual Currency:-
a) the User shall comply and answer all KYC (know-your-client) protocols of the Company to enable the Company to determine the identity of the User remotely, ie when the User is not physically present;
b) the User shall declare as to whether the User is a trustee or the beneficial owner to all transactions with the Company. In the event that the User is a trustee, the User shall disclose all information of the beneficial owner to the Company;
c) the User shall comply with all rules and regulations Governing Remote Customer Identification which conforms to the requirements of Regulation (EU) No. 910/2014.
d) the User shall as and when required by the Company, disclose and provide all such information as shall be required by the Company to prove the source of funds and/or the source of Digital Assets of the User;
e) the User shall not use the Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If the Company discovers that the User has violated this Agreement or other regulatory requirements, by participating in money laundering or by financing terrorist activities, the Company will take proportionate actions; and
f) the User further agree not to encourage or induce any third party to engage in any of the activities prohibited under this Section.
The User hereby irrevocably and unconditionally agrees with the Company that in the event that the User shall breach any of the above terms and conditions, the Company shall have the right to terminate, suspend, forfeit and/or attach the account of the User without prejudice to all other rights of action available to the Company.
10. COMPLIANCE WITH ALL REGULATIONS
The User hereby further warrants and undertakes the Company to comply with all licensing requirements as imposed by the authorities of the Republic of Lithuania.
11. RISK DISCLOSURES
a) By using the Service, the User expressly acknowledges and assumes the risks set out in Clause 11. If any of these risks and uncertainties develop into actual events, the ability of the Company to provide the Service may be adversely or materially affected and/or the User may lose all or part of the value of the Digital Assets stored in the relevant User’s account(s).
b) The User is fully aware that the User may not be able to recover a part of or all the Digital Assets deposited in the event that the Company’s business fails.
c) The User shall not transact in Digital Assets if the User is not familiar with Digital Assets. Transacting in Digital Assets may not be suitable for the User if the User is not familiar with the technology that Digital Assets services are provided.
d) The User should be aware that the value of the Digital Assets may fluctuate greatly. The User should transact the Digital Assets only if the User is prepared to accept the risk of losing all of the money put into such Digital Assets.
e) Risk of loss in value: Bitcoins and other cryptocurrencies which may be part of the Digital Assets are not currencies issued by any central bank or national, supra-national or quasi-national organisation. The Digital Assets may also not be backed by any hard assets or other credit. The value of Digital Assets merely depends on the continued willingness of market participants to exchange government-issued currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear. No one is obliged to guarantee the liquidity or market price of any of the Digital Assets that may be deposited by Users in their User’s account(s) to any extent at any time. The volatility and unpredictability of the price of Digital Assets relative to government-issued currency may result in significant loss over a short period of time.
f) The Company and its Affiliates may experience system failures, unplanned interruptions in their network or services, hardware or software defects, security breaches or other causes that could adversely affect the Service.
g) The Company and its Affiliates are unable to anticipate or detect when there would be occurrences of hacks, cyber-attacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks), distributed denials of service or errors, vulnerabilities or defects on the Website, the User’s Digital Assets stored in his User’s account(s) on the Website or any technology on which the Company, its Affiliates, or the Website rely. Such events may include, for example, flaws in programming or source code leading to exploitation or abuse thereof. The Company and its Affiliates may not be able to detect such issues in a timely manner, and may not have sufficient resources to efficiently cope with multiple service incidents happening simultaneously or in rapid succession. The User hereby undertakes to use the Services at the User’s sole risk and the User hereby waives all rights of actions against the Company, its shareholders, directors, officers, employees, agents and its Affiliates in the event that there shall be any losses whatsoever suffered by the User arising from occurrences of hacks, cyber-attacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks and “selfish-mining” attacks), distributed denials of service or errors, vulnerabilities or defects on the Website.
h) Although the Company and its Affiliates take steps against malicious attacks on their applications or infrastructure, which are critical for the maintenance of the Website and the provision of the Service, there can be no assurance that cyber-attacks, such as distributed denials of service, will not be attempted in the future, and that any of such security measures will be effective. The Company does not provide any assurances or make any representations whatsoever as to the usability, stability and security of the Website and the User’s Digital Assets stored in his User’s account(s).
i) The regulatory regime governing Digital Assets remains uncertain, and any changes, regulations or policies may materially adversely affect the Company’s provision of the Service or the value of the Digital Assets.
j) Regulation of the use, transfer and exchange of Digital Assets is currently undeveloped or underdeveloped and is likely to rapidly evolve. Such regulation also varies significantly among jurisdictions, and is hence subject to significant uncertainty. Various legislative and executive bodies in countries around the world may in the future adopt laws, regulations, guidance, or other actions, which may severely impact the provision of the Service by the Company. Failure by the Company and its Affiliates or the Users to comply with any laws, rules and regulations, some of which may not exist yet or are subject to interpretation and may be subject to change, could result in a variety of adverse consequences against the User, including civil penalties and fines. The Company shall not be responsible to the User for such consequences.
k) New or changing laws and regulations or interpretations of existing laws and regulations may materially and adversely impact the value of the Digital Assets, the liquidity of the Digital Assets, and the ability of Users to access the Website and Service.
l) To the extent that the Company and its Affiliates may be required to obtain licences, permits and/or approvals (collectively, the “Regulatory Approvals”) in any jurisdiction to offer the Service, but are unable to obtain such Regulatory Approvals or if such Regulatory Approvals are not renewed or revoked for whatever reason by the relevant authorities, the Users in such jurisdiction will be unable to access the Service.
m) Further, it is difficult to predict how or whether governments or regulatory authorities may implement any changes to laws and regulations affecting the use, transfer and exchange of Digital Assets. Should the costs (financial or otherwise) of complying with such newly implemented regulations exceed a certain threshold, provision of the Service may no longer be commercially viable in the relevant jurisdiction and the Company and its Affiliates may opt to discontinue offering the Service to Users in such jurisdiction.
n) Digital Assets and their related technology remain relatively new and dynamic. In addition to the risks highlighted herein, there are other risks associated with dealing in Digital Assets on the Website, including those that the Company cannot anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed herein.
12. ACCOUNT SECURITY
a) The User shall be fully responsible for all activities that occur under the relevant User’s account(s) he is using, including all information submitted to the Company, whether publicly posted on the Website or privately transmitted.
b) The User shall (a) immediately notify the Company of any unauthorised use of the User’s password or any other breach of security of his/her User’s account(s), and (b) to ensure prompt exit from the relevant User’s account at the end of each session.
c) The User shall be fully responsible to ensure that the User maintains and protects the User’s own passwords and the User further undertakes to change the passwords from time to time as an added security, and the Company shall not be responsible for any losses whatsoever suffered or incurred by the User in the event that the User’s account is hacked or the User’s password is compromised in any manner whatsoever.
13. CONSENT TO THE COMPANY’S USE OF USER’S DIGITAL ASSETS
In consideration for the use of the Service, the User hereby grants the Company the right, without further notice to the User, to hold the Digital Assets held in the relevant User’s account in the Company’s name or in another name, and to pledge, repledge, hypothecate, rehypothecate, sell, lend, or otherwise transfer or use any amount of such Digital Assets, separately or together with other property, with all attendant rights of ownership, and for any period of time and without retaining in the Company’s possession and/or control a like amount of Digital Assets, and to use or invest such Digital Assets at its own risk. The User acknowledges that, with respect to Digital Assets used by the Company pursuant to this Clause, (a) the User may not be able to exercise certain rights of ownership and (b) the Company may receive compensation in connection with lending or otherwise using Digital Assets in its business to which the User will have no entitlement.
a) Digital Assets deposited with the Company are entitled to interest upon such terms and conditions as stated in the Website.
b) The interest rate on the Digital Assets in a User’s account is variable at the sole and absolute discretion of the Company and variations in such interest rate may be announced from time to time. Interest will be payable in arrears and added to a User’s account at or around 0:00 GMT +8 on a daily basis.
c) Interest is gained based on a daily periodic rate to the Digital Assets in the User’s account. The daily periodic rate is calculated by dividing the applicable interest rate as announced by the Company from time to time by three hundred and sixty-five (365) days.
d) For the avoidance of doubt, if a User submits a withdrawal request, such amounts of Digital Assets requested to be withdrawn will not be entitled to interest from the point of such request being submitted, notwithstanding that the withdrawal process may not have been completed yet.
e) The Company shall credit the User’s account with the interest earned on a daily basis. The User’s account must be open on such date in order for the User to receive the applicable interest payment. All interest will be paid in-kind (in the same Digital Asset that is available in the User’s account). To make such in-kind interest payments as accurately as possible, the Company rounds non-integer, rational numbers to the sub-cent, which is the smallest possible decimal available for the applicable Digital Asset.
a) The User may make a complete or partial withdrawal of Digital Assets from his User’s account(s) at any time. The Company initiates the withdrawal process immediately following a withdrawal request when possible and will typically require up to few hours depending on blockchain traffic conditions to process the withdrawal. However, there may be instances where the withdrawal process is suspended pending KYC requirement.
b) For every withdrawal request, the User will be required to provide the details of the wallet to which the User wishes to transfer his Digital Assets. In the event that the details provided by the User are inaccurate, incomplete or misleading, the User's Digital Assets may be permanently lost. The Company shall not be liable for any loss that results from inaccurate, incomplete or misleading details that the User may provide for such transfer. If the transfer address specified by the User is one to which the Company is unable to process transfers to, the Company shall have no liability for any resulting failure or delay in processing a requested withdrawal.
c) The Company and its third-party partners may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt or suspension of deposits and/or withdrawals either temporarily or permanently. The Company shall not be responsible or liable for any loss or damage of any sort incurred by the User as a result of such cyber-attacks, operational or technical difficulties or suspensions of deposits or withdrawals. Withdrawal minimums and/or limits based on amounts and/or frequency may apply from time to time and if applicable, will be made known to the User through his User’s account.
d) Every withdrawal request shall be deemed pending until accepted by the Company. The Company may refuse to accept such request, or delay the processing of an approved request for any reasonable reason, including but not limited to insufficient Digital Assets in a User’s account, inaccurate or misleading information provided by the User, or any doubt or suspicion of money laundering, terrorist financing or other financial crime related to the User’s account.
a) It is the User’s sole responsibility to determine whether, and to what extent, any Taxes apply to any transaction the User conducts by utilising the Service, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate authorities.
17. RIGHTS OF THE COMPANY
a) The Company reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the transmission of any related materials or documentation) with or without notice. The Company further reserves the right at any time and from time to time, in its sole discretion, to change or terminate without notice any content or features contained on the Website. The Company shall not be liable to the User or to any third-party for any modification, suspension, or discontinuance of the Service, content, or features provided on the Website.
b) The Company reserves the right to refuse to process or to cancel any pending transaction conducted pursuant to the Service at its sole discretion or as required by law or in response to a court order or other binding government order or to enforce transaction limits. The Company cannot reverse a transaction that has been broadcast to the digital currency network. The Service are available only in connection with the Digital Assets which the Company, in its sole discretion, decides to support from time to time.
c) The systems used by the Company for the Service and the Website may encounter technical limitations or other limitations, and computer and communications hardware systems might experience interruptions. The Company may continually enhance and improve these systems in order to accommodate the level of use of the Website. Furthermore, the Company may add additional features and functionality to its Service and/or the Website that might result in the need to develop or license additional technologies. Increased utilisation of the Service or the Website or increased transaction volume through its processing systems or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. The Company shall in no circumstances be liable for any loss in respect thereto.
d) It may, in certain circumstances, be necessary for the Company to retrieve certain information from offline storage in order to execute a transaction pursuant to the Service. The User acknowledges and agrees that a transaction facilitated by the Company may be delayed.
f) The Company reserves the right to levy service fees or transaction fees in connection with the use of the Service, including fees for the withdrawal of Digital Assets from User’s account(s) or the maintenance of User’s account(s). Such service fees or transaction fees may be adjusted from time to time and the details of any such service fees or transaction fees shall be notified to the User through the Website.
The User irrevocably undertakes to fully indemnify and hold harmless each of the Company, its shareholders, officers, directors, employees, agents, affiliates and their respective successors, heirs and assigns (collectively, the “Indemnified Parties” and each an “Indemnified Party”) promptly upon demand at any time and from time to time, from and against any and all losses, claims, fines, penalties, actions, proceedings, damages, demands, judgments, sums payable, liabilities, damages, costs, charges and expenses (including reasonable attorneys’ fees and disbursements), and/or any other monies whatsoever (collectively, “Losses”) to which any Indemnified Party may become subject, insofar as such Losses arise out of, or in any way relate to, or result from:
- the information provided by the User;
- any breach or non-compliance of the User with any Applicable Laws, along with any regulations or notices.
19. EXCLUSION OF LIABILITY
The Company (to the fullest extent permitted by law) shall not in any circumstances be liable for any actions, proceedings, claims, suits, loss, damage or monies whatsoever including any direct, indirect, special, consequential, punitive, incidental loss or damage (whether arising in tort, contract or otherwise) incurred by the User, its shareholders, officers, directors, employees and agents, arising out of or in relation to or in connection with the Services and/or the use of the Website including but not limited to:-
- the provision of the Service by the Company to the User, including any investment losses incurred by the User pursuant to his/her use of the Service;
- the use or accuracy of the Website;
- any loss (whether direct or indirect) of Digital Assets, profits, business, business opportunities, revenue, turnover, reputation or goodwill;
- lost or damaged data;
- damage to or interruption of any local area networks;
- the introduction of viruses, worms or other destructive programs or any other commercial or economic losses;
- any decision made or action taken by any party in reliance on the Service (or its results or the Website contents);
- any delay, failure interruption or corruption of any data or other information transmitted in connection with use of the Service; and/or
- any inaccuracies, errors or omissions in connection with the Service and any Website content.
20. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights and all other proprietary rights in relation to the content available on the Website (including but not limited to software, mobile software, algorithms, codes, audio, video, text, animations, files, photographs designs, graphics, layouts, images, video, information and their selection and arrangement) (hereinafter: the “Website Content”) are the exclusive property of the Company or its licensors. Our rights to the Website Content include rights to (i) the Website; and (ii) all designs, layouts, software, displayed and technical information associated with the Website. All Intellectual property rights in the Website Content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.
Any other use of the Website Content, including without limitation distribution, reproduction, modification, making available, communicated to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.
You may not derive or attempt to derive the source code of all or any portion of the software or mobile software/application (hereinafter: the “Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.
The Company and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Website.
The Company, together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. Any use of the Website including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the prior consent of the Company.
Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.
Coin-planet™ is a registered trademark and www.coin-planet.com a domain name owned and controlled by the Company. The trademark Coin-panet™ together with the other graphics, logos, layouts, designs, page headers, button icons, scripts and service names on the Website are the trademarks or trade dress of the Company (hereinafter: the "Marks"). You may not use the Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the Marks without the prior written permission of the Company.
Any goodwill accruing out of the use of the Company's and the Marks, trade and business names and service marks will vest in the Company and its affiliates, as the case may be.
22. RESERVATION OF RIGHTS
The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at all time, at the sole discretion of the Company, as well as close or interrupt the Website. The Company reserves the right to terminate your right to access and use the Website if you violate these Terms or any other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.
The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms.
The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or a portion of the Website and content in certain territories and jurisdictions.
24. NETWORK COSTS
You may be charged by your network provider for data services or any other third-party charges that may arise while using the Website and you accept responsibility for such charges. If you are not the bill payer, we will assume that you have received permission from the bill payer.
Since the Website is web-based, it might be subject to temporary downtime.
From time to time, we also update or maintain the Website, which will result in the Website not being available for a certain period of time. We do not warrant that the Website operates uninterrupted or error-free.
We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Website or suspension of your access to the Website.
You expressly acknowledge and agree that your access to and use of the Website is at your sole risk. As between you and the company, to the maximum extent permitted by applicable law, the website is provided on an “as is” and “as available” and “under development” basis and the company expressly disclaims all representations, warranties and conditions (express or implied, oral or written), including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. All content available on the website, including the Company’s white paper, is made available for informational purposes only and should not be contractual or binding in any way for the Company. You should not rely upon this content in any way. The Company does not give any warranty in relation to the Website, the software and content nor with any services, information published or available on the Website, should it be its availability, accuracy or lawfulness. The company shall not verify, update or correct such information. The company does not warrant that the Website will be available at all times and expressly reserves the possibility to discontinue the Website without notice. In addition, the company does not represent or warrant that (a) the operation of the Website will be secure, uninterrupted, error-free or virus-free, or (b) any defects in the website will be corrected. No oral or written information, guidelines or advice given by the Company will create a warranty. The foregoing disclaimer of warranties will apply to the maximum extent permitted by applicable law.
The laws of some states or jurisdictions do not allow the disclaimer of implied warranties, so some or all of the disclaimers in this section may not apply to you. You agree that the entire risk arising out of your use of the Website remains solely with you. You agree that neither the Company nor its affiliates is/are responsible for the fitness or conduct of any Visitor and/or User. Neither the Company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Visitor and/or User.
Any warranty, condition or other term arising out of or in connection with the Website which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Website or otherwise (including without limitation any implied term as to the quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded. If you have a dispute with one or more Visitor(s), User(s) and/or Third-part(y/ies), you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
27. LIMITATIONS OF LIABILITY
These Terms set out the full extent of our obligations and liabilities with respect to the Website. To the maximum extent possible by law, the company excludes all and any warranty, guarantee and responsibility in relation to or subsequent to the website and its content. The Company shall in particular not be liable for any damages of any kind, including loss of Digital Assets, income or data, suffered by the Visitor, the User or any other person, by an act of the Company and/or of a third party. This includes any misuse that would be made of the Visitor’s and/or User’s data, any virus or other forms of malware transmitted through the website or the server, as well as any non-compliance of Users and/or Visitors with these Terms. The company shall have no liability for any personal injury lost profits or other consequential effects, special, punitive, indirect, or incidental damages, arising from or related to your use or inability to use the Website. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. In no event shall the aggregate liability of the Company arising out of or relating to the use of or inability to use the Website exceed us dollars one thousand ($1000.00). You agree that any claim filed more than one (1) month after the discovery of the alleged liability of the company shall be time-barred.
28. FORCE MAJEURE
The Company cannot accept responsibility for any damage, loss, delay, penalties, fines or inconvenience caused by any circumstance beyond our control. Such circumstances may include but are not limited to war, the threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, pandemics, epidemics, interruption or failure of a utility service or the acts of any local or national government.
The Website may contain links which direct you to Third-Party Websites. The Company rejects any liability on said Third-party Websites, which are solely provided in the Users’ and Visitors’ interest.
The Company has no influence on the content of Third-Party Websites. The Company, therefore, cannot assume any guarantee for the accuracy, completeness or safety of this Third-Party Content.
30. ENTIRE AGREEMENT & SEVERABILITY
31. NO WAIVER
The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms without the Company’s prior written consent. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation and without your prior consent.
33. MODIFICATION OF THE WEBSITE
The Company reserves the right to change, suspend, remove, discontinue or disable access to the Website or particular portions thereof, at any time and without notice. In no event will the Company be liable for the removal of or disabling of access to any portion or feature of the Website.
34. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Website, as well as all matters arising out of or in relation to them (including non-contractual disputes or claims and their interpretation), shall be governed by the laws of the Republic of Lithuania. Any claim or dispute regarding these Terms or in relation to them shall be subject to the exclusive jurisdiction of the Courts of the Republic of Lithuania.
You agree that any dispute is personal to you and the Company and that any dispute shall only be resolved by individual litigation and shall not be brought as a class action, or any other representative proceeding. You agree that a dispute cannot be brought as a class or representative action or on behalf of any other person or persons.
In case of dispute, you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the litigation or related to the dispute(s) therein.
35. NO PARTNERSHIP OR AGENCY
Nothing in these Terms is intended to or shall be deemed to, establish any partnership or joint venture between the User and the Company or constitute any Party the agent of another Party.
Any notice or other communication in connection with the use of the Website and/or the Services (each, a “Notice”) shall be: (a) in writing; and (b) delivered by electronic mail or registered post. All Notices shall be delivered to the Party’s address, and each Party may designate by Notice in writing to the other a new address to which Notices shall be given.
A Notice shall be effective upon receipt and shall be deemed to have been received: if delivered by registered post, at the time of delivery; or if delivered by e-mail, at the time that it is received in recipient’s inbox.