Thank you for being here – we hope that you enjoy our technology and our community.
PVLSE is a mobile platform for people of ages 18 and above, for creating activities and interacting in the real-world through in-app events called pvlses (pronounced pulse(s)).
Within the PVLSE platform you will find a community of all kinds of people, from all kinds of places, with all kinds of aspirations. The purpose of PVLSE is to allow this community to connect with others and achieve their goals, whether it be indulging in good food, sharing a skill, starting a business, building more meaningful connections, all of the above or otherwise.
Ultimately, at PVLSE, we expect and encourage you to act with general appreciation and respect for each other, and to look out for each other on your individual and cooperative endeavours. We do not intend to impede upon or disrupt the flow of social interactions & connections, however the safety of our community is paramount – we care about you, so help us to help yourselves and each other.
In the menu above are several guiding principles designed to ensure safe and productive interactions within PVLSE and a smooth operation of the platform.
If you have any questions, queries, concerns, non-understandings of any kind, or would like to discuss anything found in these guidelines or related to using the PVLSE platform, please engage with us privately by email (firstname.lastname@example.org) or publicly on any of our social channels – we are happy to listen, respond and discuss, and are continuously looking for ways to improve the safety of our platform and empowerment of our community.
PVLSE is about empowering people to live a truly connected and fulfilling life. As creators and participants of in-app events & outings (pvlses), being welcoming, honest, kind & considerate are core qualities we ask the community to abide by. Nothing below excludes anyone’s actions or behaviours from the Terms of Conduct and in order to stay safe please see our Safety Policy & Tips.
The people you meet through PVLSE are all individuals, with their own goals and reasons for attending pvlses. Respect each other’s differences and mindsets, do not make rash assumptions about a person, and understand that everyone is on their own journey. So be supportive and don’t be afraid to ask for support, lead by example and have fun.
Always look to work together to resolve issues, hurdles and other obstacles. This means actively supporting those who need it, but at times also holding or allowing space for them. Respect your peers and realise the collaborative potential we all have to co-create amazing experiences!
Using PVLSE exposes you to an abundance of opportunities to learn and grow with others. We find that pvlses are best experienced when you are open to growth, and sometimes even willing to step out of your comfort zone. This isn’t to say that you should push yourself to the extremes (unless that is what you want of course).
We all enjoy clean and beautiful environments, whether land, property, equipment or otherwise. So look after the places and the things out of respect for yourself and those who come after you. For the sake of sustainability, leave no trace behind. All of this goes without saying – just don’t leave a mess and fix what you break!
Be kind to each other. PVLSE is a platform for creating meaningful & productive human connections.
We value people’s attention and time. Do not duplicate the same post or post pvlses which conflict with a pvlse you previously created. Advertising on the PVLSE platform without the intent to create and host a pvlse is registered as spam.
Stalking, intimidating, bullying, threatening, or harassing other members is prohibited. Harassment is defined as a pattern of offensive behavior with the purpose of adversely affecting a targeted person or persons. Examples of harassment include making threats, making repeated unwanted contact with a person, and posting personal information of another person. PVLSE reserves the right to take action (see above) on profiles we believe may pose a threat to the present and future members of our community.
Duplicate, fake, and joke profiles are not allowed. The first profile that you create must be you and is the only one that you may have. Our trust network needs everyone to stand by their reputation.
Misrepresenting yourself as someone else is prohibited. This includes representation as an agent, representative, employee, or affiliate of PVLSE.
Don’t engage in, nor encourage illegal activity; don’t violate any applicable laws or regulations.
Using PVLSE in a way that could interfere with other members from fully enjoying the platform or that could impair the functioning of the platform is prohibited. Attempting to circumvent PVLSE systems, or using these systems in a manner which undermines their intent, is prohibited.
Content that we believe, in our sole discretion, falls into any of the following categories is prohibited:
Hate speech, particularly speech that disparages any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory, including content that contains offensive language or images.
Contains nudity, sexually explicit content or is otherwise obscene, sexually exploitive of minors, pornographic, indecent, lewd, or suggestive.
Contains private or personal information about another person, such as a phone number or address.
Unlawful content or content for which PVLSE has received a court order to remove, or content that infringes on the rights of a third party, including intellectual property, privacy, publicity or contractual rights.
Incites violence or characterizes violence as acceptable, glamorous or desirable.
Contains unsolicited promotions, political campaigning, advertising or solicitations – including content used to promote a business or product – without our prior written consent.
Reporting violations of PVLSE Policies. If you feel another person is violating this policy, use the Flagging or Report tools available next to posts and events.
We want both Hosts and Participants to arrive prepared for their pvlses and leave satisfied. Below are a few tips that we hope will mean you enjoy your activity to the fullest!
Discovering a great PVLSE is no good if you can’t find it!
Research the area in which the event is being held before attending, should it be somewhere you are unfamiliar with. You can always contact hosts for more information on the venue if you are unsure.
Nobody likes getting stuck away from home!
If you are travelling via public transport make sure that services are running as usual and are on time; there are various map apps available that can plot routes should you need to use trains or buses.
Should you be using your own transport make sure you have sufficient fuel etc. and try to have someone on standby able to collect you should anything go wrong with your means of transport (we hope it won’t!). This brings neatly to our next point –
Tell them not to wait up!
Always let someone know your plans to attend an event – This could be a parent, a partner or a friend. You could even bring someone with you to join in the fun!
Trust us, Boxercise will be no fun if you turn up wearing a suit!
Make sure you consider the event you are attending – If it is a PVLSE that includes exercise then ensure you wear appropriate footwear/clothing; should it be an outside event consider bringing an umbrella (just in case!).
PVLSE Hosts will do their best to make participants aware of everything required to take part in their event, but if you are unsure do not be afraid to reach out and ask them!
If you see something strange, report it.
Look out for your fellow PVLSE community members as well as yourself. If you see behaviour that violates terms, on or off the platform, ensure to report it as soon as possible to the appropriate authorities as well as the PVLSE team, as we cannot be responsible for everyone who attends activities.
We are a social discovery ecosystem that connects like-minded people and fosters offline encounters and experiences. It also allows anyone to start earning by sharing their knowledge and skills with the community.
To “feel the pulse of the city” and get a real-time overview of people’s interests and activities around you. To connect with supportive peers and engage in purposeful experiences. To start earning from the activities you create and share.
The app is free to download, and anyone can join and create free activities. However, some pvlses have entry costs, and the price would be defined by the creator.
A pvlse is an activity or event that you can join or create.
For now we are focusing on activities related to sports, food, and wellbeing. Our plan is to build a community where there is something for everyone, so stay tuned for the latest additions.
Yes, as long as you meet the criteria set by the creator. Example: Some pvlses may require you to master a sport or discipline to a certain skill level to make the most of your experience. Similarly, some pvlses may be intended to participants of a specific gender.
Any user can create a pvlse for others to take part in. If there is something you want to do, create your own pvlse and see who wants to join. Note: If you want to create paid pvlses you will have to add a payment method first.
If you have a skill, knowledge or expertise you’d like to share that the community could benefit from, then you can create a paid pvlse. Set a price and see if anyone is interested. If they are then you are good to go, if not, then you may want to adjust your price or offering. If you are a business owner, you can offer activities to a wider audience and target locals or visitors who are interested in your sport or activity. Users will sign up, and pay to participate through our platform. With our subscription offer, you can create unlimited pvlses, and we take only 1% commission.
You can search for local pvlses or search in advance for activities in a location that you wish to visit.
We are committed to facilitating more real life engagement and offline experiences. We believe that connecting over common ground leads to meaningful encounters that can last a lifetime. We want to be surrounded by motivating, inspiring and supportive peers, and be encouraged to be the best versions of ourselves. And so we have created PVLSE to help others do the same. We also believe that everyone has incredible talents and skills to share, and we want to give people the opportunity to follow their passions and be fairly rewarded for the value they bring.
Last updated: 08 July 2018
1.1. In addition to the definitions contained elsewhere in the text of this Policy,
the following terms and expressions shall have the following meaning ascribed to them
for use in this Policy:
“Company Parties” means the Company and its respective past, present and future employees, officers, directors, contractors, consultants, attorneys, accountants, financial advisors, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns. “Company Party” means one of the foregoing, as the case may be.
“Consent” has the meaning set out for this term in Article 4.1 hereof.
“EU Persons” means Personal Data subjects who are in the European Union.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
“Personal Data” means any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, ording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Process“, “Processed” and other similar terms shall be construed accordingly.
“User Account” means an account which may be provided to you by the Company (or a Company Party, as the case may be) for the purpose of improving your experience on the Website and use of the Services, as well as obtaining access to specific additional products, utilities and offerings provided by Company Parties.
2.1. This Policy defines the Personal Data, explains how Personal Data is used and
Processed and instances when the Company shares or permits collection of the Personal
Data by the Company Parties or state authorities.
2.2. This Policy shall come into effect at the moment you first access the Website or commence use of any of the Services. By accessing, browsing or using the Website and/or any of the Services you irrevocably and unconditionally accept and adhere to provisions of this Policy without any exemptions, limitations and exclusions.
If you access the Website or use any of the Services on behalf of a business (whether registered or operating without registration), that business hereby accepts this Policy.
2.3. In the event you disagree with any provision of this Policy or would not like to provide your consent for Processing of your Personal Data, you shall cease using the Website or any of the Services immediately.
3.1. Processing of Personal Data is permitted only on the following legal grounds:
3.1.1. Consent to Personal Data Processing, when the data subject has given Consent to the Processing of his or her Personal Data for one or more specific purposes;
3.1.2. contractual relationships, where the Personal Data Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
3.1.3. controller’s legal obligation, when the Processing is necessary for compliance with a legal obligation to which the controller is subject;
3.1.4. vital interests protection, when the Processing is necessary in order to protect the vital interests of the data subject or of another natural person;
3.1.5. public interests compliance, when the Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3.1.6. controller’s legitimate interests, when the Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of Personal Data, in particular where the data subject is a child.
3.2. We Process your Personal Data on the basis that it is:
3.2.1. necessary for the performance of a contract, therefore, where we have a contract with you, we will process your Personal Data in order to fulfil that contract (in particular, to provide you with the Services);
3.2.2. authorized by your Consent, which you give us as it is set out in Article 4 (Consent to Personal Data Processing) hereof;
3.2.3. necessary for compliance with our legal obligation, in particular, when we are obliged to respond to a court order or a regulator;
3.2.4. necessary for performance our legitimate interests, as it is more detailed described in Article 3.3 hereof; or
3.2.5. permitted by applicable legislation, if the respective legal ground for Personal Data Processing is not mentioned in, or contradicts to, the provisions of this Policy.
You are welcome to contact us for further information on the legal grounds that we rely on in relation to any specific Processing of your Personal Data.
3.3. We Process the Personal Data for a number of legitimate interests, including to provide and improve the Services, administer our relationship with you and our business, for marketing and in order to exercise our rights and responsibilities. In particular, we Process the Personal Data to:
3.3.1. set up and administer your User Account, provide technical and customer support and training, verify your identity, and send important account, subscription and Service information;
3.3.2. administer our relationship with you, our business and our third-party providers (e.g., to send invoices);
3.3.3. deliver and suggest tailored content such as news, research, reports and business information. We analyse the way you use our Services to make suggestions to you for features or Services that we believe you will also be interested in, and so that we can make our Services more user-friendly;
3.3.4. personalize your experience with our Services. We may retain your browsing and usage information to make your searches within our Services more relevant and use those insights to target advertising to you online on our websites and apps;
3.3.5. share your Personal Data across our Services so that we can make all of the Services we deliver to you more intuitive (e.g., rather than requiring you to enter the same data many times);
3.3.6. contact you in relation to, and conduct, surveys or polls you choose to take part in and to analyse the data collected for market research purposes;
3.3.7. display information you choose to post, share, upload or make available in chat rooms, messaging services, and community and event forums (including in community and event profiles) and for related collaboration, peer connection, games and information exchange;
3.3.8. conduct internal research and development and to improve, test and enhance the features and functions of our Services;
3.3.9. provide you with marketing as permitted by law;
3.3.10. meet our internal and external audit requirements, including our information security obligations;
3.3.11. exercise, protect and/or enforce our rights, privacy, safety, networks, systems and property, or those of other persons;
3.3.12. prevent, detect or investigate a crime, fraud or other breach of law or requirement;
3.3.13. prevent or detect any loss incurred by Company Parties or third persons;
3.3.14. comply with requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, including where they are outside your country of residence;
3.3.15. defend Company Parties from claims;
3.3.16. comply with laws and regulations that apply to us or third parties with whom we work.
Where we rely on legitimate interests as a lawful ground for Processing your Personal Data, we balance those interests against your interests, fundamental rights and freedoms. For more information on how this balancing exercise has been carried out, please contact us by sending an email to email@example.com .
3.4. The Company Parties do not knowingly collect personally identifiable information from children under the age of sixteen. If you are under the age of sixteen, you must ask your parent or guardian for permission to use the Website and the Services.
4.1. If you are an EU Person and to Process your Personal Data we need to receive
your consent, as it is prescribed by GDPR, we will process your Personal Data only
in the case we have received from you a freely given, specific, informed and unambiguous
indication of your wishes by which you signify agreement to the processing of your
Personal Data (“Consent“).
4.2. You may give your Consent by ticking a box when visiting the Website. In the case you tick the respective box, you irrevocably and unconditionally consent and agree that the Company Parties shall be entitled to Process your Personal Data as it is indicated in your Consent.
4.3. Your Consent covers all Processing activities with your Personal Data carried out for the same purpose or purposes. When the Processing has multiple purposes, your Consent should be deemed given for all of them.
4.4. You have the right to withdraw your Consent at any time. You can submit such request by sending us an email to firstname.lastname@example.org . Your withdrawal of Consent shall not affect the lawfulness of your Personal Data Processing based on Consent before its withdrawal.
4.5. Except as required or enabled by law (including, for the avoidance of doubt, the laws of the member states of the European Union), we will not use or disclose your Personal Data for any purpose for which you refuse Consent or later withdraw your Consent. If you withdraw Consent, you agree that in spite of this withdrawal, we may continue to use those Personal Data previously provided to us to the extent that we are contractually or otherwise legally obliged to do so and to the extent necessary to enforce any contractual obligation you may have towards the Company Parties or in any other way permitted by law. You also understand that although you can use the Website for some purposes without providing your Personal Data, we need certain Personal Data, including data linked to payment or involving an ongoing relationship with the Company Parties or our partners. If you refuse to provide us with Personal Data we require or later withdraw your consent, we may no longer be able to provide you with certain Services or access to the Website.
4.6. If you are not an EU Person, by transferring to us your Personal Data via the
Website or otherwise, you irrevocably and unconditionally consent and agree that the
Company Parties shall be entitled, in accordance with this Policy:
4.6.1. To Process in any manner, including to collect, store, use, disclose, share and transfer (including cross-border), your Personal Data so provided to us, as well as your Personal Data collected from your use of the Website and the Services (i.e. your Personal Data which we collect automatically and/or from other sources);
5.1. The type of Personal Data we collect depends on how you are interacting with
us and which Services you are purchasing or using. In many cases, you can choose
whether or not to provide us with Personal Data, but if you choose not to, you may
not get full functionality from the Website or its Services.
5.2. When you visit the Website, you may provide us with the following types of Personal Data: (i) Personal Data that you voluntarily disclose that is collected on an individual basis; (ii) Personal Data collected automatically when you use the Website and its Services; and (iii) Personal Data which we collect from sources other than the Website.
5.3. You may always refuse to supply your Personal Data, though this may prevent you from engaging in certain Website-related activities and/or obtaining certain Services.
5.4. The Website contains links to other third party websites that may collect Personal Data about you, including through cookies or other technologies. If you use our links to visit another websites, you will leave the Website and this Policy will not apply to your use of, and activity on those other websites. You should consult these other websites’ privacy policies as we have no control over them, and are not responsible for any information that is submitted to or collected by these third parties.
5.5. In order to perform the Services and the functionality of the Website, we
are entitled to ask you to provide Company Parties with your Personal Data,
including (but not limited):
5.5.1. full name or the name of an entity you represent;
5.5.2. username password;
5.5.3. email address;
5.5.4. phone number;
5.5.5. date of birth;
5.5.6. cryptocurrency wallet address;
5.5.7. mailing address and country of residence;
5.5.8. personal identification document details;
5.5.9. payment information, such as, payment card number (credit or debit card), and the security code associated with your payment instrument, if you make a payment; and
5.5.10. other Personal Data you choose to provide, such as your public Facebook account, LinkedIn account, your public Twitter account, other social network accounts, your professional background, your thoughts on how you can contribute to our ecosystem.
5.6. Personal Data set out in Article 5.5 hereof is collected only when voluntarily offered, and solely for purposes that are clearly identified on the Website or in this Policy.
5.7.1. impose limitations and restrictions on your use of the Website and/or the Services; and/or
5.7.2. suspend or terminate your access to the Website, your User Account or the Services.
5.8. Company Parties may collect the Personal Data from you in a variety of ways and
circumstances, including, but not limited to, registration on the Website, placement
of an order or a request (if applicable), subscription to a newsletter, response to a
survey, filling out a form, use of a live chat (if applicable), providing us with
feedback on our products or Services. Company Parties shall be entitled to combine
Personal Data collected in the course of your interaction with different sections of
the Website or the Services with any other relevant available information.
5.9. Personal Data collected by or transmitted to Company Parties in the course of accessing, interacting and operating of the Website and provision of the Services may include, without limitation, the following Personal Data:
5.9.1. device information, which may include (but is not limited to) information about the computer or mobile device you use to access the Website, including the hardware model, operating system and version, the web browser you use, and other device identifiers;
5.9.2. usage information and browsing history, such as, information about how you navigate within the Website, your browsing history and which elements of the Website or which Services you use the most;
5.9.3. location data, for Services with location-enhanced features. If we need your consent to collect geo-location data, we will collect this separately;
5.9.4. demographic information, such as, your country, and preferred language;
5.9.5. server log information, which may include (but is not limited to) your login details, the date and time of visits, the pages viewed, your IP address, time spent at the Website and the websites you visit just before and just after the Website;
5.9.6. telemetry information. If you use any of our open source software, we may collect bandwidth upload and download speeds, the amount of free and used storage space on your device and other statistics about your device;
5.9.7. usage information. If you use the Website, we will collect metadata about the files you upload for storage and we will record instances in which you have used your private key to authenticate communications;
5.9.8. information collected by cookies and other tracking technologies. We and our service providers use various technologies to collect information when you interact with the Website, including cookies and web beacons. Cookies are small data files that are stored on your device when you visit a website, which enable us to collect information about your device identifiers, IP address, web browsers used to access the Website, pages or features viewed, time spent on pages, mobile app performance and links clicked. Web beacons are graphic images that are placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email. They are often used in combination with cookies.
5.10. Personal Data collected hereunder in the course of operation of the Website and provision of the Services may differ depending on whether you access the Website and the Services logged in to your User Account or without logging in.
5.12. We may also receive information about you from other sources, such as when you log into your User Account by using your account credentials for a separate third-party service. We will receive information from that service as indicated in the relevant third party’s authorization screen.
6.1. We use Personal Data to provide and improve the Website and its Services and
for other purposes that are in our legitimate interests, as well as for compliance
6.2. We will use the Personal Data for purposes of:
6.2.1. providing, maintaining, delivering or improving the Website, the Services or other products or services provided through the Website;
6.2.2. verifying that you are a unique individual or entity;
6.2.3. analysing and tracking Personal Data to determine the usefulness or popularity of certain content, and to better understand the online activity of the Website users;
6.2.4. fulfilling our legal or regulatory requirements;
6.2.5. providing you with the information, products or services that you have requested;
6.2.6. answering your inquiry or responding to a communication from you;
6.2.7. developing new products or services;
6.2.8. sending you technical notices, support or administrative notifications;
6.2.9. communicating with you about news, products, Services, events and other information we think will be of interest to you;
6.2.10. monitoring and analysing trends, usage and activities in connection with the Website;
6.2.11. detecting, investigating and preventing fraudulent transactions or unauthorized or illegal activities;
6.2.12. protecting the rights and property of the Company Parties and others;
6.2.13. linking, connecting or combining information we collect from or about you with other information; and
6.2.14. carrying out any other purpose or reason for which Personal Data was collected.
7.1. The Company Parties treat Personal Data as confidential and may not pass on or
use any such data without valid legal grounds.
7.2. We will only disclose your Personal Data in the following ways:
7.2.1. with your Consent or at your instruction;
7.2.2. with our current or future Company Parties and with other companies under common control or ownership with us or our offices internationally;
7.2.3. with third parties or service providers that perform work for us;
7.2.4. certain information you may choose to share may be displayed publicly, such as your username and any content you post when you use interactive areas of the Website like our online forums;
7.2.5. in connection with a merger or sale of our company assets, or if we do a financing or are involved in an acquisition, or any other situation where Personal Data may be disclosed or transferred as one of our business assets;
7.2.6. in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
7.2.7. if we believe your actions are inconsistent with our user agreements, policies or legislation, or to protect the rights, property and safety of any assets of the Company Parties or third parties;
7.2.8. with third parties where aggregate Personal Data is disclosed which cannot be reasonably be used to identify you.
7.3. Company Parties may without limitations share aggregated or de-identified information, which cannot reasonably be used to identify you.
8.1. The transmission of Personal Data or any other information (including
communications by e-mail) over the Internet or other publicly accessible networks
is not one hundred percent secure. Company Parties are not liable for the security
of any Personal Data or any other information you are transmitting over the Internet,
or third-party content.
8.2. Any transactions on the blockchain network are public and Company Parties can not exclude transaction data from the blockchain.
8.3. Transmission of Personal Data of EU Persons to recipients, both internally or externally, is subject to the authorisation requirements and pursuant to defined purposes. Personal Data of EU Persons transmitted to a recipient outside the European Economic Area must be subject to protection at least equivalent to that sought by the GDPR. Intragroup transfers of Personal Data of EU Persons to third countries are subject to the safeguards provided by the by-laws of the Company Parties.
9.1. We take appropriate security, administrative and technical measures
to protect any Personal Data you provide regarding the collection, storage
and Processing of Personal Data, as well as security measures to protect your
User Account against unauthorized access, modification, disclosure or destruction
of your Personal Data.
9.2. Personal Data is safeguarded from unauthorised access and unlawful Processing or disclosure, as well as accidental loss, modification or destruction, through state-of-the-art technical and organisational measures. These are adjusted and updated continuously in tandem with technical developments and organizational changes. Additionally, Personal Data protection audits and other controls are carried out on a regular basis.
9.3. We take reasonable steps to protect the security of the Personal Data communicated through the Website. However, no computer security system is entirely fool proof and the Internet is not a secure method of transmitting information. As a result, we do not assume any responsibility for the Personal Data you submit to or receive from us through the Internet, or for any unauthorized access or use of that information, and we cannot and do not guarantee that information communicated by you to us or sent to you by us will be received, or that it will not be altered before or after its transmission to us. You agree to not hold any Company Party liable for any loss or damage of any sort incurred as a result of any misappropriation, interception, modification, deletion, destruction or use of information provided through the Website.
9.4. Most web browsers are set to accept cookies as a default. You may wish to opt out by turning off cookies (please refer to the help menu on your browser); however, switching off cookies may restrict your use of the Website. You may also opt out of receiving promotional communications from us at any time by following the instructions in those communications. If you opt out, we may still send you non-promotional communications, such as technical notices, support or administrative notifications or information about your User Account (if you have one).
9.5. Personal Data provided to us is stored in accordance with applicable laws of the jurisdiction of the respective Company Party. The period for which the Personal Data will be stored is determined by the applicable laws of the jurisdiction of the respective Company Party. The Company Parties have ensured that appropriate security standards are in place regarding the safeguarding, confidentiality and security of Personal Data.
10.1. In accordance with applicable laws and as needed to provide the Services
to our users, Company Parties may hold your Personal Data. This requirement is
conditioned by a need to comply with legal obligations and resolve possible disputes.
10.2. Company Parties may retain your Personal Data so long as your User Account is active. Moreover, your Personal Data may be held beyond the above mentioned period until it is indispensable for Company Parties to have relevant information to respond to any issues that may arise later.
11.1. The Company Parties value protection of all Website and Services users’ rights
relating to their Personal Data, hence, the Company Parties are committed to making
sure you can exercise your respective rights effectively and free of charge. The
Company will ensure each your request related to your Personal Data be reviewed
in a timely fashion.
11.2. EU Persons shall acknowledge, that their rights relating to Personal Data are provided in the GDPR and other applicable laws of the member states of the European Union. In particular, EU Persons have the following rights relating to their Personal Data:
11.2.1. right to access. You can request access to you Personal Data and obtain a copy of such Personal Data in a format acceptable to you (e.g. PDF, DOC, DOCX, etc.). You can submit such request by sending an email to email@example.com. After your request is received, our privacy team reviews the form and conducts requestor’s identity verification without undue delay. Upon successful verification, you are provided with a copy of your Personal Data;
11.2.2. right to data portability. You have the right to receive your Personal Data, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another service provider (controller) without hindrance from us;
11.2.3. right to erasure (“Right to be forgotten”) and right to rectification. You are entitled to request erasure or rectification of your Personal Data by sending us a respective request to firstname.lastname@example.org. We will handle requests for Personal Data to be rectified or deleted, unless there is a legal requirement that prohibits such request to be fulfilled. When request is fulfilled, you will be informed that your Personal Data is changed or erased and is not-longer collected, however, to fulfil our legal requirements the Company Parties will store information about each requestor for the purposes of providing an evidence that a request has been fulfilled;
11.2.4. right to object. At all times, you are entitled to object to Processing of your Personal Data. Right to object can be exercised by sending an email to email@example.com. Upon receipt of the request, the Company Parties cease the Processing, unless there is a legal or statutory ground for such Processing;
11.2.5. right to be informed. If you are inquiring about Processing activities conducted with res pect to your Personal Data, the Company Parties, without undue delay, will provide information about: (i) purposes of Processing; (ii) categories and types of Personal Data; (iii) retention period; (iv) source of the relevant Personal Data; (v) privacy rights and information on Data portability. However, all information about the categories of Personal Data and Processing operational conducted by Company Parties is available in this Policy; and
11.2.6. the right to lodge a complaint with a supervisory authority. Supervisory authority means an independent public authority which is established by an EU member state pursuant to Article 51 GDPR.
12.1. We have the right, at our discretion, to update this Policy at any time.
We recommend that you frequently check this Policy to find any changes and stay
informed about how we help protect the Personal Data.
12.2. By using the Website, you acknowledge and agree that it is your responsibility to periodically review this Policy and be aware of the changes.
12.3. The subsequent use of the Website or the Services after changes to this Policy will also be considered as your acceptance of these changes.
12.4. This Policy may from time to time be translated into other languages. To the extent that any discrepancy may exist between the English version of this Policy and its version in another language, the English version prevails.
13.1. The Company may appoint an expert on data privacy who works independently to
ensure that the Company is adhering to the policies and procedures set forth in
the GDPR (data protection officer). Data protection officer assists the
Company to monitor internal compliance, inform and advise on data protection
obligations, provide advice regarding data protection impact assessments (DPIAs)
and act as a contact point for data subjects and the supervisory authorities.
13.2. In the case the Company appoints such data protection officer, it will publish its contact details on the Website.
14.1. We welcome your questions and suggestions with respect to the implementation or amendment of this Policy. Please use this feedback for communicating with us: firstname.lastname@example.org.
Last updated: February 18, 2019
1.1. In addition to the definitions contained elsewhere in the text of these Terms,
the following terms and expressions shall have the following meanings ascribed to them:
“Company Parties” means the Company and its respective past, present and future employees, officers, directors, contractors, consultants, attorneys, accountants, financial advisors, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns.
“Company Party” means one of the foregoing, as the case may be.
“Damages” means damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special and including, without limitation, any loss of business, revenues, profits, data, use, goodwill or other intangible losses.
“Disputes” has the meaning, set out in Article 10.2.
“Feedback” has the meaning, set out in Article 7.1.
“Intellectual Property” has the meaning, set out in Article 6.1.
“Notices” has the meaning, set out in Article 11.6.
“Third-Party Content” has the meaning, set out in Article 5.1.
“User Account” has the meaning, set out in Article 4.1.
“User Content” has the meaning, set out in Article 5.4.
“Click, to Click on/to” has the meaning, set out in Article 5.11.
2.1. These Terms shall enter into force as of the moment you first access the Website
or commence use of any of the Services. By accessing, browsing or using the Website
and/or any of the Services you irrevocably and unconditionally:
2.1.2. confirm that you agree to be bound by these Terms without any exemptions, limitations, and exclusions; and
2.1.3. any and all provisions of these Terms shall be enforceable to the fullest extent against you.
If you access the Website or use any of the Services on behalf of a business (whether registered or operating without registration), that business hereby accepts these Terms.
2.2. You shall cease using the Website or the Services immediately in the following events:
2.2.1. you disagree with any provision hereof and would like not to be bound by these Terms; or
2.2.2. using the Website, the Services or the method of payment for the Services specified at the Website is prohibited or in any manner restricted by laws or regulations applicable to relations between you and us, or will become so prohibited or restricted at any time after these Terms become effective; or
2.2.3. under the laws or regulations applicable to relations between you and us, using the Website, the Services or the method of payment for the Services specified at the Website requires from Company Parties to be registered or licensed with any applicable governmental authorities, or will require such registration or licensing at any time after these Terms become effective.
2.3. These Terms may be modified, changed, supplemented or updated by the Company
in its sole discretion at any time without advance notice.
2.4. Company Parties may at their own discretion develop additional products, utilities, and offerings or functionality for the Website or discontinue maintaining the Website and/or provision of any of the Services. In the event Company Parties add new products, utilities, and offerings or makes additional functionality available through the Website, these Terms shall be fully applicable to such new products, utilities and offerings or additional functionality of the Website.
3.1. You undertake to comply and adhere to provisions of these Terms, as well
as any national and local laws and regulations applicable to your use of the
Website and the Services.
3.2. You undertake to use the Website and the Services according to our Community Guidelines and our Conduct and Content policy.
3.2.1 You undertake to use the Website and the Services in a manner consistent with their purpose and functionality within the user interface provided by Company Parties.
3.3. You shall not misuse the Website or the Services to cause any harm, Damage,
losses or interference for users, any third parties, Company Parties, as well as the
operation of the Website and/or provision of the Services. In particular, under no
circumstance shall you use the Website or the Services to:
3.3.1. publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
3.3.2. display, upload or transmit material that encourages conduct that may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
3.3.3. interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use of the Website or the Services;
3.3.4. violate any applicable laws, regulations or these Terms;
3.3.5. violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets or other proprietary rights of any party) or commit a tort;
3.3.6. interfere with, disrupt, negatively affect or inhibit other users from using the Website or links on the Website or damage, disable, overburden or impair the functionality of the Website or our servers or any networks connected to any of our servers in any manner;
3.3.7. engage in or promote any activity that violates these Terms;
3.3.8. create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the Website or a Company Party representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
3.3.9. mislead or deceive us, our representatives and any third parties (including Company Parties) who may rely on the information provided by you, by providing inaccurate or false information, which includes omissions of information;
3.3.10. disguise the origin of any information or material transmitted through the Website or the Services (whether by forging messages or otherwise manipulating normal identification information);
3.3.11. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of the Website or the operation of another’s computer or property;
3.3.12. send, upload, display, disseminate or otherwise make available information or material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning) or any other form of unauthorized advertising or promotional information or material;
3.3.13. make available any content which is false, misleading and/or promoting illegal activities;
3.3.14. access any content, area or functionality of the Website that you are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Website;
3.3.15. obtain unauthorized access to or interfere with the performance of the servers which host the Website or provide the Services or any servers on any associated networks or otherwise violate any policies or procedures related to the use of those servers;
3.3.16. attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
3.3.17. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services;
3.3.18. harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner; or
3.3.19. collect and store personal data, private and personally identifiable information without express consent and authorization of the holder.
3.4. Company Parties shall be entitled to add, alter, modify, as well as suspend,
stop, discontinue, correct errors to, cease maintenance of and update information
for any functionality of the Website and/or the Services, including, but not limited
to, terminating the Website or any of the Services without any prior notice.
3.5. The materials, information and related graphics published on the Website could include technical inaccuracies or typographical errors. The Company Parties may (but are not obliged to) make improvements and/or changes to the Website, the Services and/or the materials, information and related graphics published on the Website at any time.
In order to use most aspects of the Services, you must register for and maintain an
active personal user Services account (“Account”). In order to obtain an Account,
you are required to complete the registration process where you will be asked to
provide your name, email and profile picture.
You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
The Service is not available for use by persons under the age of 18.
4.3. You may be provided with an account for the purpose of improving your experience at the Website and use of the Services, as well as obtain access to specific additional products, utilities and offerings provided by Company Parties (“User Account“).
4.4. In order to obtain a User Account, you are required to complete the registration process. You hereby represent and warrant that any and all information submitted to the Company in the course of the registration is accurate and true. You undertake to keep your registration information up to date.
4.5. Upon completion of the registration process, you will obtain or create a password. You are responsible for keeping your password in secrecy and you acknowledge and agree that you are responsible for any actions performed under your User Account unless you immediately inform the Company of any unauthorized use of your password and/or the User Account. You shall log off each time at the end of the session and Company Parties shall bear no liability for any harm, loss or Damage resulting from your failure to comply with requirements of this Article 4.4.
4.6. You acknowledge and agree that the Company shall be entitled to terminate or suspend your User Account at its sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deleting and limiting of your access to content, materials, information and files uploaded, shared, submitted and made available in association with your User Account, as well as access to some of the Services, products, utilities and offerings of Company Parties (as the case may be).
5.1. The Website and the Services may contain links to websites and third-party
content, advertisements, promotions, logos and other materials (“Third-Party Content“).
5.2. We make no representations or warranties of any kind regarding Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance or decency of such Third-Party Content. We are not responsible for any of the content on third party websites linked to the Website nor can it be assumed that we have reviewed or approved of such websites or their content, nor do we warrant that the links to these websites work or are up to date.
5.3. Your use of or interactions with any Third-Party Content and any third party that provides Third-Party Content are solely between you and such third parties, and Company Parties are not responsible or liable in any manner for such use or interactions.
5.4. If you post, upload, input, provide or submit your personal data to us,
including without limitation, your name, email address, IP address, text, code or
other information and materials, sign up to our mailing list or create a User Account
on the Website (“User Content“), you must ensure that the User Content provided by
you at that or at any other time is true, accurate, up to date and complete.
5.5. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Website or sent to us and we are not responsible or liable for any User Content.
5.6. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Website, and you represent and warrant that:
5.6.1. you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these Terms;
5.6.2. your User Content does not violate any agreements or confidentiality obligations; and
5.6.3. your User Content does not violate, infringe or misappropriate any intellectual property right or other proprietary rights, including the right of publicity or privacy, of any person or entity.
5.7. You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. You agree to notify us immediately of any unauthorized use of your User Content or any other breach of security.
5.8. We will not be liable for any loss or Damages that you may incur as a result of someone else using your User Content or your User Account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company Parties or other persons due to someone else using your User Content or your User Account. You may not use anyone else’s User Content or User Account at any time without the permission of such person or entity.
5.9. By posting, uploading, inputting, providing or submitting your User Content to us, you grant Company Parties and any necessary sub-licensees a non-exclusive, worldwide, royalty-free, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
5.10. Although we have no obligation to screen, edit or monitor User Content, Company Parties reserve the right and have absolute discretion to remove, screen or edit User Content. Company Parties also reserve the right at all times to disclose any User Content as necessary to satisfy any applicable law, regulation, legal process or governmental decrees, or to edit, refuse to post or to remove any information or materials, in whole or in part, in their sole discretion.
5.11. Your activities on the Website may be connected with Clicking on (“Click, to Click on/to“) some objects including such in the User Account. Typically, we would provide explanations on the meaning of each Click if it is not obvious (like Clicks on links to other information sections or pressing the buttons with explanations written on them). Your Clicks on the Website, especially within the User Account, may have legal consequences offline, that is, you may agree to some terms or you may make a contract. Click, to Click on/to means to select some digital object on the Website as shown on your screen or display by moving the pointer to the object’s position and pressing left or right mouse button (depending on settings) in order to choose an action, complete some process or get to another section of the Website. Pressing the mouse button may be replaced by its alternatives depending on your device (hotkeys, pressing on the touchpad or display) that you typically use to select digital objects on your display. “Clicking” also includes selecting and “pushing” the Website buttons (rectangular objects with some text in them). The Clickable objects on the Website will move or change their color when you put the pointer on them.
5.12. It is presumed that the User knows and recognizes what the User is doing by creating a User Account and Clicking on the objects on the Website, that the User intends to face the consequences of such Clicks and to be bound by the contracts that may follow thereafter. The User confirms that the User is fully legally capable of making transactions, that the User has reached the appropriate age to make transactions in accordance with applicable legislation, that the User is sober, mentally healthy and of appropriate level of education to evaluate the consequences of each Click.
5.13. We may use the live chat feature to provide support for your technical issues with the Website. We will help answer general questions you may have about the Website or other respective questions. We do not use live chat to transact, bind, manage or provide any products to you. Except as otherwise required by applicable law, we have the right not to provide you with a record of any discussion on the live chat. Any person providing technical support is not entitled to give any kind of legal or financial advice, perform any official actions on behalf of the Company or its Parties, conclude any types of agreements or otherwise provide any information on any matters that differ from strictly technical issues. All information provided during the support session constitutes a personal view of the person it was provided by and may not be similar to the official position of the Company or Company Parties.
5.14. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for your losses caused by any unauthorized use of your User Account. However, you may be found liable for the losses of Company or other Users due to such unauthorized use.
5.15. The Company reserves the right to take appropriate action against any person who misrepresents his or her identity or improperly or fraudulently accesses the Website. This action may include, but is not limited to, legal action against any person accessing this Website in violation of any state or federal law or regulation applicable.
5.16. The Company may terminate any User Account and, to the extent possible, any User’s access to the Website if such User is determined to have taken any action inconsistent with or in violation of these Terms.
5.17. The Company may terminate, block or otherwise inhibit access to the Website or to the User Account of any User who is deemed to have violated any of these Terms including by blocking any IP address or other indication of the source of behavior, content or usage of the Website that violates these Terms.
6.1. Company Parties retain all right, title and interest in and to the Website
and the Services, whether express or implied, including all copyrights, patents,
trade secrets, trademarks, other intellectual property rights, trade names, logos,
slogans, custom graphics, button icons, scripts, videos, text, images, software,
code, files, content, information and other material available on the Website
(collectively, “Intellectual Property“).
6.2. Accessing the Website and using the Services does not vest you with any right, title or interest in the Intellectual Property and other rights to content which is accessible on the Website or through the Services unless otherwise is provided in Article 6.3.
6.3. In order to use the Website and the Services, you are granted personal,
non-exclusive, limited, non-assignable, non-transferable, royalty free, revocable
license to access, review, reproduce, cache, print, distribute and store content
retrieved from the Website or the Services only within the functionality of the
interface of the Website or the Services through any common consumer web browser,
provided that you strictly comply with limitations contained herein.
6.4. You may copy certain texts on the Website for your personal use. However, you are not allowed to distribute them or otherwise use them for commercial purposes.
6.5. You are welcome to repost information contained on the Website for non-commercial purposes. Please make sure beforehand that there is a link to the Website in the reposted material and/or please make sure to refer to us in your comments.
6.6. With the exception of Articles 6.3-6.5, copying, distribution (including but not limited to licensing), broadcasting, replicating, modifying the Intellectual Property in whole or in any part without the prior written permission of the Company is prohibited.
6.7. Please do not launch any automated systems, including but not limited to “spiders”, “offline readers” or “robots” or similar solutions with the purpose of accessing the Website in an intrusive manner. You are not allowed to send requests to the Website servers within some time period in larger amount than an average individual can reasonably produce in the same time period using a regular web browser, or scour the Website using respective software or hardware in order to show the Website contents on any other website.
6.8. It is strictly prohibited to collect any personally identifiable information including usernames from the Website and to use the communication systems provided by the Website (e.g. comments, email) for any unlawful purposes. You agree not to contact any User for commercial purposes.
7.1. If you decide to submit questions, comments, suggestions, ideas,
original or creative materials or other information to us (“Feedback“),
you do so on your own accord and not based on any request or solicitation
from us. The Feedback does not include the User Content. We reserve the right to
use the Feedback for any purpose at no charge and without compensation to you.
Do not send us the Feedback if you expect to be paid or want to continue to own
or claim rights to your Feedback.
7.2. The purpose of these Terms is to avoid potential misunderstandings or disputes if Company Parties’ products, services, business ideas or business strategies might seem similar to ideas submitted to us as the Feedback. If you decide to send us the Feedback, you acknowledge and understand that the Company makes no assurances that your Feedback will be treated as confidential or proprietary.
7.3. We may gather information and statistics collectively about all visitors
to the Website and users of the Services which may include the information
supplied by you. This information helps us to design and arrange our web pages
in a user-friendly manner and to continually improve the Website and the
Services to better meet the needs of the Website users.
8.1. By using the Website or the Services you represent and warrant that:
8.1.1. you have read and understand these Terms and what we do;
8.1.2. you have all requisite power and authority to enter into these Terms, to
use the Website and the Services and to carry out and perform your obligations
under these Terms. If you are using the Website or the Services on behalf of
any entity, you represent and warrant that you are authorized to accept these
Terms on such entity’s behalf and that such entity will be responsible for breach
of these Terms by you or any other employee or agent of such entity. References
to “you” in these Terms refer to you and such entity, jointly;
8.1.3. you are of sufficient age to access the Website and to use the Website and the Services in accordance with the laws and regulations of your country of residence or any other applicable legal requirements;
8.1.4. the entering into and performance of these Terms will not be in violation
of, conflict with or constitute a material default under the following
circumstances, with or without the passage of time or the giving of notice:
(i) any provision of your constituent documents, if applicable;
(ii) any provision of any judgment, decree or order to which you are a party, by which you are bound, or to which any of your material assets are subject;
(iii) any material agreement, obligation, duty or commitment to which you are a party or by which you are bound;
(iv) any foreign exchange, anti-money laundering or regulatory restrictions applicable to you; or
(v) any laws, regulations or rules applicable to you;
8.1.5. you will comply with any applicable tax obligations in your jurisdiction arising from the use of the Website, the Services, and payment for the Services;
8.1.6. the entering into, and performance under, these Terms require no approval or other action from any governmental authority or person other than you; and
8.2. You agree that if your country of residence or other circumstances change such that any of the representations and warranties specified in Article 8.1 are no longer accurate, that you will immediately cease using the Website and the Services.
8.3. You hereby acknowledge and agree that the Website and the Services are
provided to you on “as is”, “as available” and “with all faults” basis and
you use the Website and the Services exclusively at your own risk without
any expressed or implied representations and/or warranties of any kind by
8.4. The Company and other Company Parties (if applicable) expressly disclaim all expressed and implied warranties and representations as to the Website and the Services. None of the Company Parties makes any representations or warranties, expressed or implied, including:
8.4.1. any warranties and representations with respect to the content, information, data, availability, uninterrupted access, Services, or products provided through or in connection with the Website;
8.4.2. any warranties and representations that the Website or the server that makes it available are free of viruses, worms, trojan horses or other harmful components;
8.4.3. any warranties and representations that the Website, its content and any Services or products provided through it are error-free or that defects in the Website, its content or the Services or products will be corrected;
8.4.4. any warranties and representations of title or merchantability or fitness for a particular purpose with respect to the Website, the Services, or their utility;
8.4.5. any warranties and representations that the Website will be compatible with your computer or other electronic equipment; and
8.4.6. any warranties and representations of non-infringement.
9.1. In no event will the Company Parties be responsible or liable for any claims,
Damages, liabilities, losses, costs or expenses of any kind, whether direct or
indirect, consequential, compensatory, incidental, actual, exemplary, punitive
or special (including Damages for loss of business, revenues, profits, data,
use, goodwill or other intangible losses) regardless of whether the Company
Parties have been advised of the possibility of such Damages, liabilities,
losses, costs or expenses, arising out of or in connection with:
9.1.1. the use or performance of the Website or the Services;
9.1.2. any provision of or failure to provide the Website or the Services;
9.1.3. any material or information available from the Website;
9.1.4. any conduct or content of any third party;
9.1.5. unauthorized access, use or alteration of the transmission of data or content to or from us; or
9.1.6. the failure to receive in any way the transmission of any data, content, funds or property from you.
9.1.7. any unlawful access to or use of the Website, any of its content or the Services;
9.1.8. any reliance on or decision made on the basis of information or material shown on or omitted from the Website;
9.1.9. any representation or otherwise in respect to the existence or availability of any job, vacancy, assignment or other engagement or appointment advertised on the Website (if any) and any representation or otherwise that we have or will ask for a candidate’s information, will or have asked to interview or engage a candidate or that any candidates will meet our needs;
9.1.10. any matter affecting the Website, any of its content or the Services caused by circumstances beyond our reasonable control;
9.1.11. the performance of the Website and any fault, delays, interruptions or lack of availability of the Website, the Services or products provided through the Website, which may occur due to increased usage of the Website, intermittent failures of the Website or the need for repairs, maintenance or the introduction of new facilities, products or services; and
9.1.12. any information or material on any website operated by a third party which may be accessed from the Website.
9.2. To the fullest extent permitted by applicable law, in no event will the aggregate liability of the Company Parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these Terms or the use of or inability to use the Website or the Services, exceed the amounts paid by you to the Company for content, access to the Website or use of the Services.
9.3. To the fullest extent permitted by applicable law, you disclaim any right or cause of action against any of the Company Parties of any kind in any jurisdiction that would give rise to any Damages whatsoever on the part of any Company Party.
9.4. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.
9.5. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning use of the Website, the Services and payment for the Services, and that Company Parties should not accept any liability for any illegal or unauthorized use of the Website, the Services or method of payment for the Services. You agree to be solely responsible for any applicable taxes imposed on or in connection with any transaction contemplated herein
9.6. To the fullest extent permitted by applicable law, you will indemnify,
defend and hold harmless and reimburse Company Parties from and against any
and all claims, demands, actions, Damages, losses, costs and expenses
(including attorneys’ fees) incurred by a Company Party arising from or relating to:
9.6.1. your access to or use of the Website or the Services;
9.6.2. your User Content;
9.6.3. any Feedback you provide; or
9.6.4. your violation of these Terms.
9.7. We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification pursuant to these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and a Company Party.
9.8. Company Parties shall not be liable and disclaim all liability to you in
connection with any force majeure event, including acts of God, labour disputes
or other industrial disturbances, electrical, telecommunications, hardware,
software or other utility failures, software or smart contract bugs or weaknesses,
earthquakes, storms, or other nature-related events, blockages, embargoes, riots,
acts or orders of government, acts of terrorism or war, technological change,
changes in interest rates or other monetary conditions.
9.9. If an event of force majeure occurs, the party injured hereto by the other’s inability to perform may elect to suspend these Terms, in whole or part, for the duration of the force majeure circumstances. The party hereto experiencing the force majeure circumstances shall cooperate with and assist the injured party in all reasonable ways to minimize the impact of force majeure on the injured party.
9.10. To the fullest extent permitted by applicable law, you release the Company
Parties from responsibility, liability, claims, demands, and/or Damages (actual
and consequential) of every kind and nature, known and unknown (including claims
of negligence), arising out of or related to disputes between you and us and
the acts or omissions of third parties.
You expressly waive any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in favor of you at the time of agreeing to this release.
10.1. These Terms will be governed by and construed and enforced in accordance with the laws of England and Wales, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
10.2. You and the Company shall cooperate in good faith to resolve any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, breach or termination, and any non-contractual obligation or other matter arising out of or in connection with them (“Disputes“). If you and we are unable to resolve a Dispute within 90 days of notice of such Dispute, such Dispute shall be finally settled in arbitration proceeding as stipulated in Articles 10.4-10.8.
10.3. Any Dispute is personal to you and the Company and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
10.4. Any Dispute shall be referred to and finally resolved by arbitration
under the Rules of the London Court of International Arbitration in force on the
date on which the arbitration is commenced, which Rules are deemed to be incorporated
by reference into this Article.
10.5. The tribunal shall consist of one arbitrator nominated by the London Court of International Arbitration.
10.6. The seat of the arbitration shall be London, the United Kingdom. The language of the arbitration shall be English.
10.7. Any award of the tribunal shall be final and binding from the day it is made.
10.8. The parties hereto agree to keep confidential all matters relating to the arbitration, including related court proceedings, to the greatest extent practicable.
11.1. These Terms constitute the entire agreement between you and the Company relating to the use of the Website and the Services. These Terms supersede all prior or contemporaneous representations, understandings, agreements or communications between you and any of the Company Parties, whether written or verbal, regarding the subject matter of these Terms.
11.2. Should any provision of these Terms, or any provision incorporated into these Terms in the future, be or become illegal, invalid or unenforceable under the laws of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the other provisions of these Terms shall not be affected thereby.
11.3. The Company may assign Company’s rights and obligations under these Terms.
11.4. The Company’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
11.5. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third-party beneficiary rights upon any other person or entity.
11.6. All notices, requests, claims, demands and other communications
concerning these Terms (“Notices“) that a Company Party provides to you,
including these Terms, will be provided in electronic form by:
11.6.1. posting a Notice on the Website; or
11.6.2. sending a Notice through your User Account; or
11.6.3. sending an email to the email address which is associated with your User Account.
11.7. Notices provided by posting on the Website will be effective upon posting and Notices provided by email or sent through the User Account will be effective when a Company Party sends the Notice. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your User Account when a Company Party sends the email, whether or not you actually receive or read the email.
11.8. Notices that you provide to a Company Party must be in the English language and delivered to the Company Party by email (email@example.com). Such Notices will be effective one business day after they are sent.
11.9. In these Terms, references to “Articles” are references to Articles of these Terms.
11.10. In these Terms, unless the context indicates otherwise or the contrary is expressly stated:
11.10.1. references to the singular include references to the plural and vice versa;
11.10.2. references to the male include references to the female and vice versa;
11.10.3. a reference to a person includes a reference to any individual, body corporate (wherever or however incorporated or established), association, partnership, government, state agency, public authority, joint venture, works council or other employee representative body in any jurisdiction and whether or not having a separate legal personality;
11.10.4. a reference to a person includes a reference to that person’s legal personal representatives, successors, permitted assigns and permitted nominees in any jurisdiction whether or not that person has a separate legal personality; and
11.10.5. a reference to a company shall be construed so as to include any company, corporation or other body corporate or other legal entity, wherever and however incorporated or established.
11.11. The headings in these Terms are inserted for convenience and reference purposes only and do not affect its interpretation.
11.12. The words “hereof”, “herein”, “hereunder” and “hereby” and words of similar import, when used in these Terms, shall refer to these Terms as a whole and not to any particular provision of these Terms.
11.13. Wherever the word “include”, “includes” or “including” is used in these Terms, it shall be deemed to be followed by the words “without limitation”.
11.14. These Terms may from time to time be translated into other languages. To the extent that any discrepancy may exist between the English version of these Terms and the version in another language, the English version prevails.