⚖️Terms of Use
CUR8 LIMITED
TERMS OF USE
Introduction
These Terms of Use (“Terms”) describe the rules for visitors of this platform, our website at cur8.io (“Platform”) and our related websites, as well as users of applications or any other software, tools, features or functionalities in connection with our services thereon (collectively, the “Service”), including their accessing, downloading or using of any component of the Service and their using, sending or receiving tokens or otherwise transacting with any component of the Service, which we may update from time to time at our sole discretion. Reference to “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Ethereum blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.
These Terms constitute a legally binding and enforceable agreement between you and Cur8 Limited (Company Registration No. 233662), a company incorporated in the Republic of Seychelles and having its registered address at Suite 309, Capital City Building, Independence Avenue, Victoria, Mahe, Republic of Seychelles, its affiliates and subsidiaries (collectively, “Company”, “we”, “our” or “us”). For the purposes of these Terms, “you” or “your” shall mean you as the user of the Service. If you are using the Service on behalf of a company or entity, you represent and warrant that (a) you have authority to bind that entity to the Terms; and (b) by accepting the Terms, you are doing so on behalf of that entity, and all reference to “you” in the Terms shall accordingly be construed to include you and that entity.
By using the Service, you agree to be bound by the Terms, and consent to the collection, use and disclosure of personal data described in our Privacy Policy, which is incorporated by reference into these Terms. You are advised to read the Terms and Privacy Policy carefully before using the Service. If you do not agree to the Terms or Privacy Policy, please exit and leave the Service immediately.
The Service entails the provision of a platform with a portfolio management system and curation tools, which allows users to discover, manage, and display their digital art and NFTs on multiple devices, screens, and virtual environments. The Service also includes virtual reality experiences and an in-real-life display dashboard for home décor, digital signage, and art galleries. The Company may sell some of the NFTs displayed on the Platform. All information on the Service is strictly for general information only and does not constitute any advice, representation, or warranty, whatsoever.
The Company is not a wallet provider, payment services provider, digital payment token exchange operator, operator of a market for securities, units in collective investment schemes, or derivative contracts, capital markets services provider, broker, financial institution, money services business or creditor. To use our Service, you may opt to use a third-party payment service provider or wallet which allows you to engage in transactions on the Platform.
The Company is not a party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you may purchase using the Service and we make no warranties about the identity, legitimacy, functionality, or authenticity of users or NFTs displayed on the Service.
Acceptance
You represent and warrant that you are of legal age and possess the legal right to accept the Terms and to use the Service in accordance with the Terms. Otherwise, you may only use the Service with the consent of your parent or legal guardian who must review and discuss the Terms with you.
The Company reserves the right to terminate your account on the Service or restrict your use of the Service, without prejudice to any other legal right or remedy the Company may have against you, where you have acted in breach of these Terms. Additionally, all other licences granted by the Company will terminate automatically if you breach any of these Terms.
Validity
The Terms shall remain in full force and effect if you have an account with us and use the Service. We reserve the right to suspend, disable, terminate or delete your account and/or your ability to access or use the Service at any time without notice if we believe that you have breached the Terms, or for any other reason, with or without cause, in our sole discretion, and you acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts paid to us.
Modifications
These Terms were last updated on March 15, 2023. We may modify these Terms in whole or in part, from time to time, at our absolute discretion and such modifications shall come into effect immediately. We may try to notify you of such modifications, for example, via a notice or pop-up notification on the Service or an email associated with your account. By continuing to access or use the Service, you agree to be bound by the new terms. If you do not agree to the new terms, you must stop accessing or using the Service.
Your account
You must create an account to use the Service. By creating an account, you authorise us to collect and use certain information. To create an account, you must provide an email address. Additionally, you can add blockchain addresses to view your NFTs on our Platform. Please refer to our Privacy Policy for more details on the information we collect from you and how we use it.
Any information provided to us shall be accurate, complete, and not misleading, and you agree that you will keep such information accurate and up to date at all times. It is your responsibility for maintaining the confidentiality of your account and all the activities that occur under your account. If you believe that your account has been compromised, please immediately notify us.
By using a wallet for the Service, you agree that you are using the said wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with the Company, and we do not have custody or control over the contents of your wallet and we have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and we make no representation or warranty whatsoever regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure. If you discover an issue related to your wallet, please contact your wallet provider.
Payment terms
Fees
When you use the Service, you may be required to pay fees or charges for NFT frames, additional features such as access to more NFTs, displaying of NFTs on multiple devices, access to other value-added tools, and banner/website placements for NFT projects (“Paid Services”). You may not be able to use the Paid Services, if you do not pay these fees or charges.
You are responsible for paying all fees, applicable taxes (if any) and associated costs charged by the Company in a timely manner with a payment mechanism associated with the Paid Services.
By using the Paid Services, you agree to the following:
The fees may be subject to variation in accordance with fluctuations in cryptocurrency at the time of payment;
Unless otherwise specified, you may pay for the Paid Services in cryptocurrencies;
To declare and pay any local taxes as applicable on the fees for the Paid Services;
That the actions of third-party logistics providers and payment platforms that you have selected from the options available on the Service are not within our control and by selecting a third-party logistics provider or payment platforms, you shall hold the Company harmless against all losses and damage caused by the actions of such third-party logistics providers or payment platforms;
Subject to our cancellation and refund policy, all purchases are non-refundable; and
Taxes payable by you are calculated based on the billing information at the time of purchase.
You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority associated with your use of the Service.
We may employ the use of third-party services (“Designated Payment Methods”) for the purpose of facilitating payment and the completion of purchases. Accordingly, you represent and warrant that there are sufficient funds or credit to complete the purchase using the Designated Payment Method on the Service.
Whilst we make best efforts to ensure that all details, descriptions, and prices which appear on the Service are accurate, there may be instances where errors may occur. In such a case, we reserve the right to refuse or cancel your purchase at any time for reasons including but not limited to service availability, errors in the description or price of the service, error in your purchase, or if any unauthorized or illegal transaction is suspected, or other reasons.
We reserve the right to determine pricing for the Service. You are encouraged to check our website periodically for current pricing information.
Refund and cancellation policy
All fees are in cryptocurrency (as applicable) and are strictly non-refundable (except as required by applicable law) and cancellations are not allowed.
Your obligations
You hereby represent, warrant and/or undertake the following:
You are at least 18 years old and you are not currently suspended or are not permanently banned from the Service, and your registration and your use of the Service complies with any and all applicable laws and regulations;
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms;
Your use of the Service does not constitute and will not result in a breach, default, contravention, or violation of any law applicable to you, or any contract or agreement to which you are a party to or by which you are bound;
You are entering into these Terms for the purpose of using the Service for its intended purposes only and not make any investment whatsoever with respect to the Company or its securities;
You have knowledge and experience in using and evaluating blockchain and related technologies and assets, including NFTs. You have conducted your own thorough independent investigation, assessment and analysis of the Service and matters contemplated by these Terms, and you have not relied up-on any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set out by these Terms;
You must not impersonate any person or entity, or otherwise misrepresent you or your affiliation with any person or entity on the Service, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Service;
The Company reserves the right to terminate your access to and use of the Service, in whole or in part, at any time, with or without notice, at its sole discretion. The Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion;
You must not do anything unlawful, misleading, or fraudulent or for an illegal or unauthorised purpose using the Service. You must not make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service or the technology contained therein, including any portion thereof or determine or attempt to determine any source code, circuit arrangement, chip function, circuitry, design, algorithms, methods, techniques or assemble embodied on the Service nor any derivative works thereof;
You must not distribute, license, transfer, or sell, in whole or in part, any of the content of the Service, or any derivative works thereof unless permitted to under these Terms;
You must not violate (or help or encourage others to violate) these Terms or our policies, including the Privacy Policy;
You must not do anything (or attempt) to interfere/tamper with, disrupt or impair the intended operation of the Service, disrupt our website or any networks connected to the Service, or bypass/circumvent any measures we may use to prevent or restrict access to the Service;
You must not attempt to create accounts or access or collect information in unauthorised ways including creating accounts or collecting information in an automated way on the Service without our express permission;
You must not post, on any medium, application, platform or channel, private or confidential information of anyone else including taking a photo, screenshot or copy, reproduce, replicate, adapt, transcribe, duplicate, electronically or otherwise, personal data or information of another user or do anything on the Service that violates someone else's rights, including intellectual property;
You must not intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on the Service;
You must not use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting shill reviews;
You must not use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to the Company;
You must not use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;
You must not use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
You must not create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
You must not use the Service to upload, transmit, distribute, store or otherwise make available in any way:
files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
any unsolicited or unauthorised advertising, solicitations, or any other prohibited form of solicitation;
any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document or credit card numbers;
any material which does or may infringe any copyright, trade mark, or other intellectual property or privacy rights of any other person;
any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
otherwise any material that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using the Service, or which may expose the Service or its users to any harm or liability of any type.
Where you are an entity, the following additional requirements shall apply to you:
You shall not misrepresent the functions, use or any other specification of the Service to your customers;
You shall not, in the course of operation of your business, make any adverse or derogatory comment about the Company, its directors or employees, nor do anything which shall, or may, bring the Company, its directors or employees into disrepute or otherwise attempt to taint the Company’s goodwill; and
You shall indemnify the Company for any losses suffered by the Company arising out of or in connection with your breach of any of the Terms.
Ownership
All content, text, links, graphics, logos, icons, photos, audio, videos, visual interfaces, design, compilation information, data, computer code, products, software, the overall “look and feel” (e.g., page headers, button icons, and scripts) or other materials uploaded, downloaded or appearing on the Service (collectively, the “Content”) is owned and controlled by us and/or our licensors and is protected by worldwide copyright laws. Except as expressly authorised by the Company, you are not permitted to use the Content. “Cur8” and its logos are trademarks of the Company and are owned by the Company. All other third-party trademarks, registered trademarks and product names on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are a property of their respective owners who may not be affiliated with or connected to us. You agree to comply with all copyright, trademarks, and other proprietary rights of such third parties when you use the Service. We are not responsible for any copyright, trademark, or proprietary rights infringements caused by third party material on the Service.
Licence
You may download or review the Content strictly for non-commercial purposes only, for which we grant you a limited, personal, non-exclusive, non-assignable, non-sublicensable, non-transferable and revocable licence for that purpose, subject to your complete and ongoing compliance with these Terms.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies of the Content supplied to you or which appears on the Service nor use any such Content in connection with any business or commercial enterprise, without our prior written permission. We reserve the right to terminate the limited license granted by us if there is any unauthorized use of the Content.
You are solely responsible for any content you upload or submit to the Platform. By uploading or submitting content to the Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised.
Intellectual Property Rights
We own (and are entitled to enforce) all proprietary rights in the Service, and in all Content, copyright, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains copyrighted material, trademarks, and other proprietary information by us and/our licensors. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
Disclaimer
We do not offer any form of advice. The information on the Service is strictly for general information only and do not constitute any advice whatsoever.
We make no guarantees, representations, or warranties, whether express or implied, with respect to the use of the Service. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such content.
While we aim to ensure to the best of our ability the accuracy, details, and information on the Service, we cannot and do not guarantee the full quality, safety or legality of the NFTs listed and fully disclaim any liability for the NFTs on our Platform.
We are not responsible for the conduct of any user. We may not be able to provide the Service to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. You agree that we and our affiliates, subsidiaries, related entities or its partners shall not be liable (directly or indirectly) for any losses, damages or refunds whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service and/or any other damages resulting from communications with other users or persons you meet on or through the Service (where applicable). You agree to take all necessary precautions in all interactions with other users.
We do not allow for the Service to facilitate the sale and purchase of NFTs which may confer on its holders any legal or beneficial ownership interest in a corporation, partnership, limited liability partnership, fund, or property, liability in the corporation, partnership, limited liability partnership, fund, or property, or mutual covenants with other parties in a corporation, partnership, limited liability partnership, fund, or property inter se or any right in relation to distributions of income out of the profits of a corporation, partnership, limited liability partnership, fund, or property, or any equity ownership or any governance, voting rights or control over the management of any corporation, partnership, limited liability partnership, fund, or property.
We do not allow for the Service to facilitate the sale and purchase of the NFTs which may constitute a debt instrument by entitling its holder to receive any payment of money or money’s equivalent from its issuer, a unit in a collective investment scheme, a security, or a derivative contract.
We do not provide through the Service any service of processing any transfer of payments.
We do not issue to users of the Service any e-money, digital payment tokens, or any payment accounts through which deposits, transfers, or withdrawals of money may be made, as defined under Singapore’s Payment Services Act 2019.
We do not facilitate through the Service any exchange of digital payment tokens for fiat currency or other digital payment tokens, as defined under Singapore’s Payment Services Act 2019.
We are not regulated or licenced under Singapore’s Securities and Futures Act 2001 or Payment Services Act 2019.The accuracy of data, programs or materials accessed through this Service is based on our information and data. We make no representation concerning its completeness, truth, accuracy or its suitability for any particular purpose. Users should rely on their own independent investigations. Before relying on any information accessed through this website or application, a user should:
carefully evaluate the accuracy, currency, completeness and relevance to their own circumstances of the information for the purpose for which it is to be used; and
obtain any appropriate professional advice relevant to the user’s particular circumstances.
Assumption of Risk
The prices and value of NFTs may fluctuate significantly and you accept and acknowledge all risks associated with discovering, managing, and displaying the NFTs on the Service, including the following:
The value of NFTs and other digital assets may be subject to dramatic fluctuations and may be highly volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted or recognised modes of payments for goods and services and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. Therefore, the market value of any NFTs and other digital assets may fall below the price at which you acquire them. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
Much of the demand for NFTs and blockchain-based assets is generated by speculators and investors who want to profit from short or long-term holding of blockchain assets. A lack of use or public interest in the creation and development of decentralized ecosystems could negatively impact the development of those ecosystems and related applications, which could, in return, negatively impact the potential utility of NFTs.
The regulatory regime governing blockchain technologies, NFTs, cryptocurrency, and other crypto-based items and digital assets is uncertain, and new regulations or policies may adversely affect the development of the Service, which could impede or limit your ability to continue the use and enjoyment of such assets and the NFTs.
You are solely responsible for assessing what, if any, taxes apply to your transactions on the Service, and to withhold, collect, report, and remit the correct amounts of taxes to the tax authorities. We are not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs.
The Service, Company or your NFTs may be the target of third-party attacks, including but not limited to phishing, brute forcing, inactive listing exploits or the use of viruses. We are not responsible or liable, directly or indirectly, for any actual or alleged loss or damage that you may sustain in such event(s). There are also risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including, the risk of purchasing counterfeit items, mislabelled items, items on smart contracts with bugs, and items that may become untransferable. It is your responsibility to do your research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections.
We do not control the blockchains that you are interacting with and certain smart contracts and protocols that may be integral to complete transactions on these blockchains. You acknowledge and agree that such technologies are novel, experimental, and speculative, and accordingly, there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. To the maximum extent permitted by applicable law, the Company disclaims any and all liability related to the foregoing. In addition, blockchain transactions are irreversible and the Company has no ability to reverse any transactions on the blockchain, except as otherwise provided for herein.
There are risks associated with using Internet and blockchain-based products. This includes the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. We are not responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any blockchain, howsoever caused.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
Third-party content
The Service may contain references, links, hyperlinks to websites or platforms, referrals to or connections with or reliance on third-party resources, products, services or content including smart contracts developed or operated by third parties. Third parties may also offer promotions related to the Service. We do not control such websites or platforms nor do we review, control or monitor the materials found there. We do not endorse or assume any responsibility for any activities of or resources, products, services, content, or promotions owned, controlled, operated, or sponsored by third parties. If you access any such resources, products, services, or content or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release us from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that we will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or your reliance on any such resources, products, services, content, or promotions from third parties.
Information, data, programs, or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may infiltrate or become accessible through the Service due to circumstances beyond our control and we make no representation as to the suitability of the information accessible for viewing by minors or any other persons.
By using the Service, you will be assuming all risks associated with use of the website including risk of your computer, software or data being damaged by any virus which might be transmitted to or activated via the Service or your access to it.
Relationship
Nothing in these Terms shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Indemnity
You hereby agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms, arising out of a breach of your obligations, representation and warranties under these Terms, or arising out of your use of the Platform.
Where you are an entity, you agree to defend, indemnify, and hold harmless to the fullest extent the Service, the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses including but not limited to attorneys’ fees and expenses, arising out of the breach of these Terms by your representatives or officers, or out of their use of the Platform.
Warranties
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representation on the Service, or the NFTs displayed on the Platform.
We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. To the maximum extent permitted under applicable law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
WE DO NOT CONTROL OR DIRECT WHAT PEOPLE AND OTHERS, INCLUDING ANY THIRD-PARTY LOGISTICS PROVIDERS DO OR SAY, AND WE ARE NOT RESPONSIBLE FOR THEIR ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE, IN RELATION TO THE SERVICE OR THE NFTs) OR ANY CONTENT THAT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL AND OTHER OBJECTIONABLE CONTENT).
WE CANNOT PREDICT WHEN ISSUES MAY ARISE WITH THE SERVICE. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCES WILL THE SERVICE OR THE COMPANY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (DIRECTLY OR INDIRECTLY) IN ANY WAY TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY DIRECT OR INDIRECT ECONOMIC OR FINANCIAL LOSS OR DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, REPUTATION, INFORMATION OR DATA) OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES HOWSOEVER CAUSED OR ARISING FROM ANY BREACH OR FAILURE OF THE COMPANY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THESE TERMS, OR FROM YOUR USE OR INABLITY TO USE THE PLATFORM.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, DIRECTORS PARTNERS, OFFICERS, EMPLOYEES OR AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Amendments
The Company reserves the unfettered right to modify the Service with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. You are responsible for regularly reviewing the content to obtain timely notice of such amendments. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any content on the Sites, limit distribution or visibility of any content on the Service, and suspend or terminate users, without liability to you.
Third-party rights
No person who is not a party to these Terms shall acquire any rights under it or be entitled to benefit from it even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term.
Governing Law
These Terms (and the Privacy Policy) shall be governed by and interpreted in accordance with the laws of Seychelles.
All disputes, controversies, or differences arising out of or in connection with these Terms shall first be attempted to be mediated and resolved internally between the Parties. The Parties hereto agree to participate in the internal mediation in good faith.
If the dispute cannot be resolved by mediation within sixty (60) days of the date that it is referred to mediation, then the dispute shall be submitted to the non-exclusive jurisdiction of the Courts of Seychelles.
General
The Company does not warrant that your access and usage of the Service will always be safe and seamless in its operation. The Service may face delays, errors, service disruptions, time-outs and may even ‘hang’ (collectively, “Disruptions”). The Company shall not be responsible for any of these Disruptions and the Company disclaims liability for any claims, costs and damages known or unknown that may arise out of the Disruptions.
You undertake not to utilise the Service to do anything unlawful and criminal in nature. You agree to indemnify, defend, and hold the Company and its staff harmless from any loss, liability, claim or demand arising out of or in connection with your access and use of the Service and/or your breach of these Terms.
The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.
You shall not assign or purport to assign any of your rights or obligations under these Terms without the prior written consent of the Company and any such assignment or purported assignment shall be null and void.
If at any time any provision in these Terms is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, the remaining provisions of these Terms shall not be affected or impaired thereby.
No failure on the part of the Company to exercise and no delay on the part of the Company in exercising any right hereunder will operate as a release or waiver thereof, nor will any single or partial exercise of any right under these Terms by the Company preclude any other or further exercise of it.
These Terms contains the whole agreement between you and the Company relating to the subject matter hereof to the exclusion of any terms implied by law which may be excluded by contract and supersedes any previous written or oral agreement between you and the Company in relation to the matters dealt with in these Terms.
Google Analytics / Usage Information
We use Google Analytics to understand how our customers engage with our business so you we can deliver better experiences and drive results.
We do not use cookies to track your activity on the Service or across other sites. Google Analytics uses event-based measurement architecture, pure interaction data such as page loads, button clicks, conversion events, and transactions to generate anonymized data for the Company’s analysis.
The Company gathers certain information and stores them in log files automatically in order to improve the services. This information includes operating system, internet protocol addresses, internet service provider, referring/exit pages, files viewed on the Service, date/time stamp, clickstream data and/or browser type. This information may be combined with other information the Company collects about users.
The Company and/or its service providers may use local storage to store content information and preferences.
8fig OÜ, registered seat at Sepapaja tn 6, Tallinn 15551, Estonia, is the designated representative for the sale and ad scheduling and marketing business, including, internet, digital and other forms of advertising and consultancy.
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